That the Public Space Protection Order (No.3) 2021 Hopes Nose, as attached to this Record of Decision, be implemented from 30^th July 2021 and shall have effect until 1^st December 2022, unless extended or amended by further Orders under the Council’s statutory powers.

In making this order the Council is satisfied that the conditions set out in Section 59 of the Anti-Social Behaviour, Crime and Policing Act has been met.

An alternative option would have been to do nothing, however having been satisfied that the conditions set out in Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014, this option was discounted.

This decision will be implemented immediately.

Torbay Council in exercise of its powers under Section 59(2) of the Anti-Social Behaviour, Crime and Policing Act 2014, has made an order in respect of a PSPO in relation to the area known as Hopes Nose, Torquay (area edged red on the map attached)  

The PSPO applies to the public areas as described in the Schedule of Land (the Restricted Area edged red on the map) and will prohibit and require the following:

a)     No individual shall be permitted within the area edged red on the attached map to catch more than 20 mackerel within any 24-hour period. Any surplus mackerel must be returned to the sea immediately.

b)     At the request of an Authorised Officer, an individual must show all caught fish to that Officer for inspection (an Authorised Officer is an Officer of Torbay Council, Devon & Cornwall Police and/or Torbay Coast and Countryside Trust and their representatives).

c)     An individual shall immediately leave the area edged red on the attached map when directed to do so by an Authorised Officer and must not return to that area within 48 hours of that direction.

d)     No camping shall be permitted at any time within the area edged red on the attached map.

e)     No individual shall be permitted to erect a tent, shelter, bivouac or anything of a similar nature within the area edged red on the attached map.

f)      No individual shall drop, deposit or leave any form of litter or waste within the area edged red on the attached map.

g)     No individual shall be permitted to light a fire, barbeque or anything of a similar nature within the area edged red on the attached map.

h)     No individual shall be permitted to be associated with a fire, barbeque or anything of a similar nature within the area edged red on the attached map.

i)      No individual shall intimidate, obstruct or interfere with another individuals’ enjoyment of the area edged red on the map attached.

It is an offence for a person without reasonable excuse to engage in activity that is prohibited or required within the paragraphs of the Order. A person found to be in breach of the Order is liable on summary conviction to a fine not exceeding level 3 on the standard scale or a Fixed Penalty Notice of £80.

None.