Since 2003 there has been a restriction on drinking alcohol in the town centres of Torquay, Paignton and Brixham. Unfortunately, alcohol-related anti-social behaviour, nuisance and disorder is still evident within these areas. We want to carry on addressing this behaviour.
We want to increase the current restrictions in Town Centre areas. We want to do this by way of a PSPO under the Anti-Social Behaviour, Crime and Policing Act 2014.
For the last 3 years alcohol consumption has been permitted. If people drink and cause a nuisance to others though, police, or other authorised officers, can ask them to stop or hand over their alcohol. Failure to comply is an offence.
The proposed PSPO will prohibit:
- the consumption of alcohol in defined public spaces
- the carrying of unsealed containers of alcohol
If officers see either of these things, they will tell them about the PSPO and ask them to stop drinking.
They may issue an FPN of up to £100 if they refuse to:
- stop
- dispose of their alcohol
- hand over any containers of alcohol (sealed or unsealed) on request
If a person fails to follow a PSPO they could face prosecution. A breach of the PSPO is a criminal offence and the individual(s) could be liable to a maximum penalty of £1,000.
You can find details of the current restrictions below:
Conditions of the order
Torbay Council (the Council) in exercise of the power under Section 59 of the AntiSocial Behaviour, Crime and Policing Act 2014 (the Act), being satisfied that the conditions set out in Section 59 of the Act have been met, makes the following order:
- The Order applies to the public areas as described in the Schedule of Land (the Restricted Area):
- 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 in order to prevent public nuisance or disorder.
- 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.
- 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.
Definitions
- The Authority means Torbay Council (the Council)
- Authorised Officer means a police officer, an employee, agent or contractor of the Council or other person who is authorised in writing by the Council.
- Restricted Area means the land designated in the Schedule of Land to this Order.
- The Order applies to all times of day and night.
- This Order comes into force on 1st May 2021 and will remain in force for a period of three years from that date.
Penalty
- Any person who, without reasonable excuse, fails to comply with this Order shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
Exceptions
This Order does not apply to premises as described in Section 62 of the AntiSocial Behaviour, Crime and Policing Act 2014.
Schedule of Land
This Order applies to all land within the Restricted Area in the maps below edged in red that is open to the air and to which the public are entitled to, or permitted to have access (with or without payment). For the purposes of this Schedule, land which is covered is to be treated as land which is ‘open to the air’ if it is open to the air on at least one side.
Challenging the Validity of Orders
An interested person may apply to the High Court to question the validity of:
- This Order, or
- A future variation of this Order
“Interested person” means an individual who lives in the restricted area or who regularly works in, or visits, that area. An appeal against this Order or a future variation of this Order may be made to the High Court within six weeks from the date on which the Order or variation is made, on the grounds that:
- Torbay Council did not have power to make the Order or variation, or to include particular prohibitions or requirements imposed by the Order (or by the Order as varied);
- A requirement under Chapter 2 of the Anti-Social Behaviour, Crime and Policing Act 2014 was not complied with in relation to the Order or variation.
Dated this First Day of May 2021
