Decision details

Public Spaces Protection Order (PSPO) Alcohol Restrictions 2024 - Torbay

Decision Maker: Director of Adult and Community Services

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

That the Public Space Protection Order Alcohol Restrictions, as attached to this Record of Decision, be implemented from 1 May 2024 for a period of 3 years.

Reasons for the decision:

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.

Alternative options considered:

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.

Implementation:

This decision will be implemented immediately.

Information:

Torbay Council in exercise of its powers under part 4, section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014, has made an order in respect of a PSPO Alcohol Restrictions in Torbay:

 

The PSPO applies to the public areas as described in the Schedule of Land (the Restricted Area):

 

a)    No person shall consume alcohol in a public place in the Restricted Area (save for those places identified in section 62 of the Anti-social Behaviour Crime and Policing Act 2014).

 

b)    It shall be an offence for any person to refuse to stop drinking alcohol or hand over any containers (sealed or unsealed) which are believed to contain alcohol, when required to do so by a police officer or authorised officer.

 

c)    A constable or an authorised officer who imposes a requirement to stop drinking alcohol or hand over any containers (sealed or unsealed) must tell the person that failing without reasonable excuse to comply with the requirement is an offence.

 

d)    A constable or an authorised officer may dispose of any handed over or surrendered containers (sealed or unsealed) which are believed to contain alcohol in whatever way he or she thinks appropriate.

Interests and Nature of Interests Declared:

None.

Publication date: 09/05/2024

Date of decision: 01/05/2024

Accompanying Documents: