Proposed Public Spaces Protection Order (Notice of Proposed Order and Draft Order) - North District
Public Spaces Protection Order (PSPO) reference no
NORTH DISTRICT
Location(s)
CROMPTON, ROYTON NORTH, ROYTON SOUTH, AND SHAW WARDS
Notice of proposed Public Spaces Protection Order
ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014
OLDHAM COUNCIL
NOTICE OF PROPOSED PUBLIC SPACES PROTECTION ORDER FOR OLDHAM
NORTH DISTRICT
(CROMPTON, ROYTON NORTH, ROYTON SOUTH, AND SHAW WARDS)
Notice is hereby given that Oldham Council (‘the Council’) proposes for the purposes of reducing crime and anti-social behaviour to make a Public Spaces Protection Order under Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014.
The Council is satisfied on reasonable grounds that:
a) activities carried on in a public place within the Council’s area have had a detrimental effect on the quality of life of those in the locality, or it is likely that activities will be carried on in a public place within that area and that they will have such an effect; and
b) that the effect, or likely effect, of the activities is, or is likely to be, of a persistent or continuing nature, is, or is likely to be, such as to make the activities unreasonable, and justifies the restrictions imposed by the proposed Order.
The effect of the Order will be to restrict the public right of way over the highways listed in the Schedule (“the Restricted Area”) and also to impose the following restrictions:
1. No waste or household item shall be deposited, stored or discarded in the Restricted Area. This restriction shall not apply to any wheeled bin or other receptacle for the storage of waste where the Council has given written consent for the wheeled bin or receptacle to be stored in the Restricted Area.
2. A person in charge of a dog shall be guilty of an offence if, at any time in the Restricted Area he does not keep the dog on a lead.
3. If a dog defecates at any time in the Restricted Area and a person who is in charge of the dog at the time fails to remove the faeces from the Restricted Area forthwith, that person shall be guilty of an offence.
4. No wall or other structure, either temporary or permanent, shall be built, erected or installed in the Restricted Area without the prior written consent of the Council.
The Orders will contain exemptions for any person who lives in premises adjoining the Restricted Area, emergency services personnel, statutory undertakers and utility providers.
A draft of the proposed Order together with the plans is available for inspection on the Council’s website and also at Civic Centre Reception, West Street, Oldham, between the hours of 8.40am and 5.00pm Monday to Friday (Ref AE/23309).
The Council must make available for public inspection any consultation responses to the proposed Order, including the details of the responder. Any person making representations either in favour of, or against the proposed Order, should therefore be aware that the content of their response, including their personal information, may be disclosed in the event that a request for an inspection of the responses is made.
Paul Entwistle
Director of Legal Services
Civic Centre
West Street
Oldham
15th February 2024
Draft Public Spaces Protection Order
ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014
OLDHAM COUNCIL
NORTH DISTRICT
(CROMPTON, ROYTON NORTH, ROYTON SOUTH, AND SHAW WARDS)
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 the public places described in the Schedule to this Order and shown hatched 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. Except as provided in Articles 6 and 7 to this Order, no person shall use the public right of way over the Restricted Area at any time.
4. Gates may be installed, operated and maintained at each end of the Restricted Area by the Council.
5. Any person using the gates referred to in Article 4 to gain access to or from the Restricted Area shall ensure that the gates are closed and locked immediately after they are used.
6. The restriction in Article 3 to this Order shall not apply to any person who occupies premises adjoining or adjacent to the Restricted Area.
7. The restrictions in Articles 3 and 5 to this Order shall not apply to any police, ambulance or fire service personnel acting in pursuance of statutory powers or duties or to any statutory undertakers, gas, electricity, water or communications provider requiring access to their apparatus situated in the Restricted Area.
8. No waste or household item shall be deposited, stored or discarded in the Restricted Area. This restriction shall not apply to any wheeled bin or other receptacle for the storage of waste where the Council has given written consent for the wheeled bin or receptacle to be stored in the Restricted Area.
9. No wall or other structure, either temporary or permanent, shall be built, erected or installed in the Restricted Area without the prior written consent of the Council.
10. A person in charge of a dog shall be guilty of an offence if, at any time in the Restricted Area he does not keep the dog on a lead.
11. If a dog defecates at any time in the Restricted Area and a person who is in charge of the dog at the time fails to remove the faeces from the Restricted Area forthwith, that person shall be guilty of an offence.
12. For the purposes of Articles 10 and 11:
a) A person who habitually has a dog in his/her possession shall be taken to be in charge of the dog unless at that time some other person is in charge of the dog;
b) Placing the faeces in a receptacle in the Restricted Area which is provided for that purpose or for the disposal of waste, shall be sufficient removal from the Restricted Area;
c) Being unaware of the defecation (whether by reason of not being in the vicinity or otherwise) or not having a device for or other suitable means of removing the faeces shall not be a reasonable excuse for failing to remove the faeces
13. The provisions of Article 11 do not apply to a person who is in charge of a dog who:
a) Is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or
b) Has a disability which affects his mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon whom he relies for assistance.
c) Each of the following is a “prescribed charity” -
i) Dogs for the Disabled (registered charity number 700454)
ii) Support Dogs (registered charity number 1088281)
iii) Canine Partners for Independence (registered charity number 803680)
14. Any person who, without reasonable excuse, fails to comply with the requirements of Articles 3, 5, 8, 9, 10 or 11 of this Order commits an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
15. This Order shall come into force on XXX for a period of three years.
THE COMMON SEAL of )
OLDHAM BOROUGH )
COUNCIL was hereunto )
affixed on XXX )
in the presence of: -
Schedule
Schedule - Restricted Areas
(Including Plan Reference Numbers)
029/20
2 PENTHORPE DRIVE AND 65-79 PENRYN AVENUE
030/20
2-26 PARK STREET, 1-21 OAK STREET AND 28-30 TRAVIS STREET
032/20
8-24 LYON STREET, 1-15 SOCIETY STREET, 3-49 LYON STREET AND 4-48 TUDOR STREET
033/20
58-68 ROCHDALE ROAD, 7-51 TUDOR STREET, 4-52 BRUNSWICK STREET, 1-49 BRUNSWICK STREET, 70-88A ROCHDALE ROAD, AND 71-75 BRUNSWICK STREET
109/20
1-27 ST. JAMES STREET AND 14-38 LEES STREET
140/20
1-35 AND 41-45 MANOR ROAD AND 6-32 CHAMBER ROAD
179/20
2-40 CHEETHAM STREET
182/20
4 AND 6 GORDON STREET, 52-64 MILNROW ROAD, 1-11 CROSSLEY STREET AND 2-14 GREAVES STREET
183/20
55-63 BRUNSWICK STREET AND 1-13 HOPE STREET
184/20
31-39 MARKET STREET, 4-8 EASTWAY AND ROYAL BRITISH LEGION CLUB
Additional information
To obtain copies of any of the plans of the Restricted Area(s) please contact communitysafetyservices@oldham.gov.uk quoting the relevant plan reference number.