PSPO - Oldham Town Centre - Prohibition on the Consumption of Alcohol
Public Spaces Protection Order (PSPO) reference no
010-20
Location(s)
Oldham Town Centre
Public Spaces Protection Order
ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014
OLDHAM COUNCIL
OLDHAM TOWN CENTRE
PROHIBITION ON CONSUMING ALCOHOL
PUBLIC SPACES PROTECTION ORDER 2024
Oldham Council (“the Council”) in exercise of its power under section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 (“the Act’’) and of all other enabling powers hereby makes the following Order:-
1. This Order applies to any Public Place within the area of Oldham town centre shown edged in red on the plan annexed to this Order (“the Restricted Area”).
2. The Council is satisfied that the conditions set out in Section 59 of the Act have been satisfied and that it is in all the circumstances expedient to make this Order for the purposes of combatting, within the Restricted Area, crime and anti-social behaviour which has had a detrimental effect on the quality of life of those in the locality. The effect or likely effect of this is of a persistent or continuing nature such as to make this unreasonable and justifies the restrictions imposed by this Order.
3. In this Order:
3.1 “Alcohol” has the meaning given by section 191 of the Licensing Act 2003;
3.2 “Authorised Person” means a Police Constable, Police Community Support Officer or an officer of the Council in possession of a signed authority to enforce this Order;
3.3 “Public Place” means any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission;
3.4 “Supply of Alcohol” has the meaning given by section 14 of the Licensing Act 2003.
4. Subject to the provisions of Articles 5 and 6, a person who:
4.1 consumes Alcohol in the Restricted Area after having been requested by an Authorised Person to cease consumption of the Alcohol; or who
4.2 refuses to hand over to an Authorised Person an open Alcohol container within the Restricted Area after having been requested to do so by the Authorised Person;
commits an offence.
5. An Authorised Person who requests that a person hand over an open Alcohol container pursuant to Article 4 must tell the person that failing without reasonable excuse to comply with the request is an offence.
6. The provisions of Article 4 do not apply to premises or places within the Restricted Area which are:
(a) licensed under the Licensing Act 2003 for the Supply of Alcohol; or
(b) a place where facilities or activities relating to the sale or consumption of Alcohol are at the relevant time permitted by virtue of a permission granted under section 115E of the Highways Act 1980 (highway-related uses).
7. In accordance with section 63 of the Act a person who fails without reasonable excuse to comply with the requirements of Article 4 of this Order commits an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.
8. This Order shall come into force on 22 April 2024 for a period of three years.
THE COMMON SEAL of )
OLDHAM BOROUGH )
COUNCIL was hereunto )
affixed on 11 April 2024 )
in the presence of: - )
Additional information
For a copy of the sealed Public Spaces Protection Order please email css.admin@oldham.gov.uk