Contains Confidential

or Exempt Information

NO – Part I

Title Replacement of Designated Public Place Orders

(DPPOs) with a Public Space Protection Order

(PSPO)

Responsible Officer(s) Simon Fletcher – Director of Operations Craig Miller – Community Protection & Enforcement Service Lead

Contact officer, job title

and phone number

Brian Martin – Community Safety Manager 01628 796337

Member reporting Cllr Carwyn Cox – Lead Member for Environmental Services

For Consideration By Council

Date to be Considered 22 September 2015

Implementation Date if

Not Called In

30 October 2015

Affected Wards All

Keywords/Index Alcohol, anti-social behaviour, ASB, community safety, consultation, crime, Designated Public Place Orders, DPPO, drinking, legislation, licensed premises, night time economy, NTE, police, policing, Public Space Protection Order, PSPO

Report Summary

1. Cabinet considered a report on the Anti-Social Behaviour, Crime and Policing Act 2014. The Act introduces Public Space Protection Orders (PSPOs), which replace Designated Public Place Orders (DPPO’S).

2. Cabinet requested that an evidence based review of the existing DPPOs be carried out, and a report brought back with recommendations arising from the review contained therein.

3. The report was prepared following public consultation and, after being initially presented to Cabinet in May 2015 where it was deferred to July 2015 to ensure the accuracy of the road listing, Cabinet agreed the following recommendations to Council: (i) Notes the results of the public consultation ’Replacement of Designated

Report for: ACTION

Item Number: 8

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Public Place Orders (alcohol free zones) with Public Space Protection Orders’ which ran between 5th February 2015 and 31st March 2015. ii) Recommends to Council replacing the two current Designated Public Place Orders with one Public Space Protection Order covering all the same locations in the previous DPPOs by 30th October 2015 and makes a small extension to the Riverside Gardens alcohol free zone area to include all of the car park. iii) Approves replacement of all signage associated with Designated Public Place Orders with Public Space Protection Orders at a cost of £16,000 subject to Council agreeing the recommended change to a PSPO; iv) Recommends to Council that it deliberates on proposed PSPOs covering more than one ward and on the establishment of new types of PSPO. v) Recommends to Council that it amends it’s constitution with respect to the Alley Gating/Cold Calling Zone Panel to rename it to the Public Space Protection Order Panel and to extend its function to consider all types of PSPO (See separate paper covering this and other constitutional amendments). vi) Notes the necessary amendments to the Council’s Constitution that will be submitted to the 22nd September 2015 meeting of full Council in respect to the proposed change of name and function of the Alley Gating/Cold Calling Zone Panel to the Public Space Protection Order Panel .

4. This report comes to Council as it is required to ratify the recommendations of Cabinet.

5. New types of PSPOs and the criteria for their introduction will be considered by Cabinet before a recommendation comes to Council.

If recommendations are adopted, how will residents benefit?

Benefits to residents and reasons why they will benefit Dates by which residents can expect to notice a difference

1. Replacing DPPOs with PSPOs will ensure that residents have continuity under the new ASB Act and that RBWM and its partners will retain suitable powers for dealing with anti-social use of alcohol, e.g. in the Night Time Economy (NTE).

30/10/2015

2. Delegating decision making on local PSPOs to a PSPO Panel would increase local accountability by allowing decisions about anti-social behaviour to be made at a local level.

22/09/2015

3 Where a PSPO proposal relates to multiple wards or if it is for a new type of PSPO full Council will decide whether it should be implemented thereby ensuring a proportionate and consistent approach.

22/09/2015

1. Details of Recommendations

RECOMMENDATION: That Council:

i) Agrees to the replacement of the two current Designated Public Space

Orders with one Public Space Protection Order covering all the same

42

locations in the previous DPPOs by 30 October 2015 and makes a small

extension to the Riverside Gardens alcohol free zone area to include all of

the car park.

ii) Agrees to the sealing of the order establishing one Public Space

Protection Order as described above.

iii) Agrees to amend its constitution with respect to the Alley Gating/Cold

Calling Zone Panel (covered in a separate paper entitled “Constitutional

Amendments”) and to extend its function to consider all types of PSPO.

2. Reason for Recommendation(s) and Options Considered 2.1 The Anti-Social Behaviour, Crime and Policing Act 2014 came into effect on 21

October 2014 making a number of changes to the law on anti-social behaviour. A key change was the introduction of PSPOs to replace DPPOs, dog control orders and gating orders in addition to a range of other behaviours that local authorities can now regulate in public spaces. In October 2014, Cabinet considered a report on the new Anti-Social Behaviour, Crime and Policing Act 2014 (the “ASB Act”). Cabinet requested that a paper be presented to Cabinet in May 2015 detailing an evidence based review of existing Designated Public Place Orders (“DPPOs”) and recommendations for replacing them, as appropriate, with Public Space Protection Orders (“PSPOs”). Due to concerns that were raised with regards to the accuracy of the road listing, this was delayed until the July 2015 Cabinet.

2.2 Public Space Protection Orders (PSPOs) are intended to deal with a particular

nuisance or problem in a particular area that is detrimental to the local community’s qualify of life, by imposing conditions on the use of that area which apply to everyone. They are designed to ensure the law-abiding majority can use and enjoy public spaces, safe from anti-social behaviour. PSPOs can be drafted based on the specific issues being faced in a particular public space, and can include multiple restrictions and requirements in one order. Examples of restrictions might include:

Controlling the use of dogs;

Restricting access to an area;

Misuse of substances;

Tackling noise nuisance; or

Unreasonable behaviour having a detrimental effect on the community. 2.3 A PSPO can be made where the council is satisfied that the activity or activities,

carried on in a public place, it proposes to restrict:

Have had, or are likely to have, a detrimental effect on the quality of life of those in the locality;

Is, or is likely to be, persistent or continuing in nature;

Is, or is likely to be, unreasonable; and

Justifies the restrictions imposed.

Home Office guidance for DPPOs (also known as alcohol free zones) stated these powers are not intended to disrupt peaceful activities. They are designed to assist with the enforcement of anti-social behaviour. It is envisaged PSPOs

43

related to anti-social behaviour associated with alcohol will be operated in the same way

1.

2.4 RBWM has two DPPOs in place; these are commonly referred to as ‘alcohol

free zones.’2 These relate to more than 120 separate locations – exact

locations provided on the borough’s website at http://maps.rbwm.gov.uk/?tab=maps. Ward level maps are provided in Appendix 1. Under s.75 of the ASB Act, DPPOs will become PSPOs at the end of 3 years after the commencement of the Act (i.e. in October 2017). As such, it has become necessary to review all existing orders. More detail on DPPOs is provided in Appendix 2.

2.6 Following this, the Community Safety team ran a public consultation from 5

February 2015 to 27 March 2015. To reach interested parties, the Community Safety Team wrote directly to Members, Parish Councils and Community Safety Partner Agencies (e.g. Police and Fire and Rescue) as well as uploading the consultation to the website. The main consultation document was distributed via the generic anti social behaviour email address on 5 February 2015 to ensure the responses were returned to a single point of contact. Given their number and geographical breadth, and the cost involved, it was not reasonably practicable to consult individual residents and landowners directly. Moreover, the PSPO will simply replace DPPOs which have been established for a number of years. The consultation did pick up a minor anomaly with the DPPO relating to Riverside Gardens (i.e. not all the car park was covered) and following the agreement of Thames Valley Police it is proposed that the alcohol free zone for this area should cover all of the car park area. The extension is shown on the map in Appendix 1 covering the Maidenhead Riverside Ward.

2.7 Levels of response to the consultation were lower than anticipated, with only 7

direct responses. Several respondents indicated a desire for dog control requirements to be considered at certain locations. There were also requests to consider a small number of additional ‘alcohol free’ areas.

2.8 The DPPO review highlighted that police data on alcohol related anti-social

behaviour is no longer as comprehensive as it was; largely due to changes made by the Home Office. This means that, while the DPPOs were initially justified on the basis of a clear set of data, it is not possible to reassess them on a like for like basis. It is the view of officers, however, that it would be imprudent to revoke any DPPOs at this time without clear evidence that they are no longer effective at deterring alcohol-related crime. Whilst crime levels have, on average, fallen across the borough; DPPOs and the enforcement powers thereunder have been an important precautionary tool in managing anti-social behaviour.

1 s179 of the Explanatory Notes attached to the Act states “An order prohibiting the consumption of

alcohol cannot be used against licensed premises (section 62). Sections 63(2) and 67(4) provide that breach of an order prohibiting the consumption of alcohol is only an offence when an individual does not cease drinking or surrender alcoholic drinks when challenged by an enforcement officer. This could be a police officer, PCSO or local authority officer. This ensures that officers are able to exercise discretion in

each situation. Where there is no threat of anti-social behaviour, they need not challenge the

individuals, for example a family picnic with a bottle of wine.” 2 Granting additional powers to Thames Valley Police when dealing with anti-social consumption of alcohol.

44

2.9 Under the ASB Act, PSPOs have to be reviewed every 3 years and the

guidance suggests new PSPOs should preferably be reviewed after the first year of operation. The Community Safety Team are now working with Thames Valley Police on a more robust methodology for reviewing PSPOs. The new methodology will be presented to the Crime and Disorder Overview and Scrutiny Panel in November 2015. Any PSPO made by the Royal Borough would need to be compatible with the European Convention on Human Rights (see Section 5).

2.10 Council previously delegated deliberation of alley gating applications to the

Alley Gating/Cold Calling Zone Panel. The 9th

December 2014 Council amended the terms of the panel to ensure it operated under the new Anti-social Behaviour, Crime and Policing Act (2014). The newly constituted panel has already met to consider a potential gating in the Eton area.

2.11 It is proposed that, as was the case for DPPOs (alcohol free zones), full council

should deliberate on their establishment. Full council would also deliberate on the appropriateness of new types of PSPO recommended to them for consideration by Cabinet.

2.12 The Alley Gating/Cold Calling Zone Panel will be retitled the Public Space

Protection Order Panel and will be able to deliberate on all types of PSPO covering single wards. The proposed revised constitution for the panel is provided in a separate council paper “Constitutional Amendments”.

2.13 The new ASB legislation does not allow for delegation of PSPO powers to

Parish level. Nevertheless, the Borough will examine whether Parishes can play a part in the decision making process, and indeed enforcement. Parish Councils probably meet the definition of “Community Representatives” under s72 (4) (b) and thus must be consulted where PSPOs are proposed in their area.

2.14 Enforcement of PSPOs will depend on the nature of the PSPO. An alcohol

disorder related PSPO would usually be enforced by the police or other Thames Valley Police Accredited Officers. Other types of PSPO, for example: dog control, would usually be enforced by borough officers, including Community Wardens. As PSPOs are made, consideration will need to given as to whether Officers’ authorisations need to be amended to reflect this.

2.15 The draft order for the new Public Space Protection Order is provided in

Appendix 3.

Option Comments

1. Take no action Not Recommended

This option would mean that the existing DPPOs would be replaced by PSPOs in October 2017.

2. Replace existing DPPOs with PSPOs on a ‘like-for-like’ basis and future decisions regarding PSPOs to be taken by a Public Space Protection Order Panel except in

This option maintains continuity between the previous and current legislative regimes; there is no loss of power to deal with anti-social drinking.

45

cases of blanket PSPOs

The recommended option

Delegating decision-making for PSPOs to Public Space Protection Panel has the advantages of a) greater accessibility to decision making on local matters, overseen by appropriate Members, and b) greater flexibility to deal with issues promptly.

Full council will reserve the power to make Blanket PSPOs which cover more than one ward and to deliberate on the establishment of new types of PSPO.

3. Key Implications What does success look like, how is it measured, what are the stretch targets

Defined Outcomes Unmet Met Exceeded Significantly Exceeded

Date they should be delivered by

% change in yearly ASB incidents occurring in converted PSPO areas

>+5% + 5% to – 5%3

- 5% to -7.5%

>-7.5% 30 Oct 2016

% change in yearly ASB incidents occurring in new PSPO areas where alcohol related ASB is the issue

>0 % 0% to -2%

-2% to -10%

>- 10% 1 year from inception of PSPO

% change in yearly complaints regarding dog control in PSPO areas

>0 % 0% to -2%

-2% to -10%

>- 10% 1 year from inception of PSPO

% change in yearly complaints in regarding other ASB4 issues in

new PSPO areas

>0 % 0% to -2%

-2% to -10%

>- 10% 1 year from inception of PSPO

4. Financial Details

a) Financial impact on the budget

Existing DPPO signage will need to be removed from the 120 locations currently in place. There are approximately four signs on average per DPPO (with the exception of Windsor & Maidenhead town centres – approximately 25-30 signs each). If Cabinet determines that it wishes to retain all 120 locations it would equate to approximately 520 new signs to be fixed in place. The cost of removing the existing signage, purchasing and implementing new signs is projected to be approximately £16k. A

3 Under normal circumstances a decrease would be required, but as the economy recovers it is possible that there

will be a slight increase even in the old DPPO areas which we are converting to PSPOs 4 Other ASB could be a range of very local issues such as alley-gating, skateboarding in an inappropriate public

place, misuse of public toilets etc.

46

capital bid for this work has been submitted and approved as part of the 2015/16 capital programme.

5. Legal Implications The Royal Borough is empowered under s.59 of the Anti-Social Behaviour, Crime and Policing Act 2014 to make PSPOs where activities carried on in a public place:

Have had, or are likely to have, a detrimental effect on the quality of life of those in the locality;

Are, or are likely to be, persistent or continuing in nature;

Are, or are likely to be, unreasonable; and

Justify the restrictions imposed.

Further, under s59, it has to consider the restrictions, and the duration of the Order proposed. Also, before an Order is made, then under s71, it must have had regard to the Rights of Freedom of Expression and of Assembly under the Human rights Act 1998, before making the Order. European Human Rights considerations are covered below:

Article 10 – Freedom of expression 1. Everyone has the right to freedom of expression. This right shall include freedom

to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities,

may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Article 11 – Freedom of assembly and association 1. Everyone has the right to freedom of peaceful assembly and to freedom of

association with others, including the right to form and to join trade unions for the protection of his interests.

2. No restrictions shall be placed on the exercise of these rights other than such as

are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the State.

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The Passing of the ASB Act 2014 by Parliament allows RBWM to make a PSPO that could restrict the above Rights, where that is compatible with those Rights.

Finally, (under s72(3)) before an Order is made it must also have carried out the

“necessary consultation” with the Police, Community Representatives and the

owners and occupiers of the affected land ( the latter only where “reasonably

practicable”) and have carried out “necessary publicity”, which means

publishing the text of the proposed Order.

Section 66 of the Anti-Social Behaviour, Crime and Policing Act allows that an interested person, i.e. “an individual who lives in the restricted area or who regularly works in or visits that area”, may challenge the validity of a PSPO by application to the High Court where:

A local authority did not have power to make the order; or

That a requirement under the legislation was not complied with

Additionally, Regulation 2 of the Anti-social Behaviour, Crime and Policing Act 2014 (Publication of Public Spaces Protection Orders) Regulations 2014 requires that the Royal Borough must take certain steps to publicise PSPOs. The legislation stipulates that PSPOs must be subject to regular review. New orders should ideally be reviewed after a year, and thereafter PSPOs must be reviewed triennially. Once made the Royal Borough can extend (s60) vary or discharge (s61) an Order. An Order can be extended where there are reasonable grounds that doing so is necessary to prevent an occurrence or recurrence of the activities identified in the Order or an increase in the frequency or seriousness of those activities. An Order can only be varied to include a wider area and/ or impose more extensive prohibitions or requirements only if the original statutory criteria under s59 are met.

6. Value For Money PSPOs have the potential to reduce long-term ASB costs in terms of resourcing e.g. police and council officer time, allowing these resources to be deployed elsewhere.

7. Sustainability Impact Appraisal

None.

8. Risk Management

Risks Uncontrolled Risk Controls Controlled Risk

Legal challenge to the validity of the PSPO process

Reputation damage to the Council, potential court costs

Public consultation on PSPOs

Ad hoc PSPO panel to decide on local PSPOs

Cabinet to decide on strategic PSPOs

Initial review of individual PSPOs after

Low

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Risks Uncontrolled Risk Controls Controlled Risk

one year

Triennial reviews of all PSPOs

9. Links to Strategic Objectives Residents First

Improve the Environment, Economy and Transport

Work for safer and stronger communities Delivering Together

Enhanced Customer Services

Strengthen Partnerships

10. Staffing/Workforce and Accommodation implications: The Community Safety team has provided staff resource thus far. It is foreseeable that these staff will be required to contribute to the annual / triennial reviews around alcohol free zones.

11. Property and Assets None.

12. Any other implications: None.

13. Consultation See Appendix IV- Consultation Responses.

14. Timetable for Implementation

Event details

Successful

outcome

Deadline

Council Meeting

Council agrees replacement of DPPOs with a PSPO*

Decision taken 22/09/2015

Council Meeting

Council agrees to deliberate on PSPOs covering more than one ward and on whether new types of PSPO should be adopted

Decision taken 22/09/2015

Council Meeting

Council delegates decisions on single ward PSPOs to the PSPO Panel

Decision taken 22/09/2015

PSPO drafted

If applicable (see above asterisk), the Council’s solicitor shall be authorised to issue a draft order in accordance with the Regulations.

PSPO(s) drafted by Council’s solicitor

30/09/2015

PSPO made and published

The PSPO (see above asterisk) will be made and published both on RBWM’s

PSPO drafted and published across agreed

30/10/2015 (accounts for maximum time

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Event details

Successful

outcome

Deadline

website and via erected notices at the sites, as considered sufficient.

channels required to erect signage across RBWM)

High Court appeal deadline

Challenges to the PSPO must be made to the High Court within 6 weeks of the order being made.

No challenges 11/12/2015

First review Council review whether to continue/amend/remove The PSPO (see above asterisk).

Decision taken based on need

October 2016

Triennial review (if PSPO continues)

Panel convened to review whether to continue/amend/remove order.

Decision taken based on need

October 2018

16. Appendices Appendix I – Maps of DPPO areas Appendix II – DPPOs Background Brief Appendix III – Online Consultation Links Appendix IV – Consultation Responses Appendix V – DPPOs Background Brief Appendix VI – Draft change to constitution

17. Background Information Public Space Protection Orders are established in sections 59 to 75 of the Anti-Social Behaviour, Crime and Policing Act 2014. This can be viewed at: http://www.legislation.gov.uk/ukpga/2014/12/contents/enacted Regulations regarding the publication of PSPOs are covered by the Anti-Social Behaviour, Crime and Policing Act 2014 (Publication of Public Spaces Protection Orders) Regulations 2014. This can be viewed at: http://www.legislation.gov.uk/uksi/2014/2591/contents/made

Guidance on the legislation is available via the Home Office publication “Anti-social Behaviour, Crime and Policing Act 2014: Reform of anti-social behaviour powers Statutory guidance for frontline professionals”. PSPOs are covered in pages 46 to 52: https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352562/ASB_Guidance_v8_July2014_final__2_.pdf

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18. Consultation (Mandatory)

Name of

consultee

Post held and

Department

Date

sent

Date

received

See comments

in paragraph:

Internal

Cllr Burbage Leader of the Council

11/09/15

Cllr Cox Lead Member, Environment

8/09/15 11/09/15

Michaela Rizou Cabinet Policy Assistant

11/09/15

Simon Fletcher Director of Operations

8/09/15 9/09/15

Craig Miller Community Protection & Enforcement Service Lead

8/09/15

Neil Allen Shared Legal Services

4/09/15 10/09/15

External

Report History

Decision type: Urgency item?

Key decision No

Full name of report author Job title Full contact no:

Brian Martin Community Safety Manager 01628 796337

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APPENDIX 1 Alcohol Free Zones that are currently covered by Designated Public Place Orders

Ascot & Cheapside Ward (Alcohol Free Zones shown in blue)

Bisham & Cookham Ward (Alcohol Free Zones shown in blue)

Boyn Hill Ward (Alcohol Free Zones shown in blue)

52

Bray Ward (Alcohol Free Zones shown in blue)

Belmont Ward (Alcohol Free Zones shown in blue)

Castle Without Ward (Alcohol Free Zones shown in blue)

53

Clewer East & Park Wards (Alcohol Free Zones shown in blue)

Clewer North Ward (Alcohol Free Zones shown in blue)

Clewer South Ward (Alcohol Free Zones shown in blue)

54

Cox Green Ward (Alcohol Free Zones shown in blue)

Datchet Ward (Alcohol Free Zones shown in blue)

Eton & Castle Ward (Alcohol Free Zones shown in blue)

55

Eton Wick Ward (Alcohol Free Zones shown in blue)

Furze Platt Ward (Alcohol Free Zones shown in blue)

Hurley & The Walthams Ward (Alcohol Free Zones shown in blue)

56

Maidenhead Riverside Ward (Original zone in light green – proposed extension in purple)

Oldfield Ward (Alcohol Free Zones shown in yellow)

Old Windsor Ward (Alcohol Free Zones shown in blue)

57

Pinkney’s Green Ward (Alcohol Free Zones shown in blue)

Sunninghill & South Ascot Ward (Alcohol Free Zones shown in blue)

58

DESIGNATED PUBLIC PLACE ORDERS (DPPOs) APPENDIX 2

Background Extract from Home Office Guidance issued in November 2009 On 1 September 2001, sections 12–16 of the Criminal Justice and Police Act 2001 came into force. DPPO powers enable local authorities to designate places where restrictions on public drinking apply. However, they can only be used in areas that

have experienced alcohol-related disorder or nuisance. These powers are not

intended to disrupt peaceful activities, for example families having a picnic in a

park or on the beach with a glass of wine. While police officers have the discretion to require an individual to refrain from drinking regardless of behaviour, our advice is that it is not appropriate to challenge an individual consuming alcohol where that individual is not causing a problem. Bodies responsible for introducing and enforcing DPPOs must keep in mind section 13 of the Criminal Justice and Police Act 2001 which makes it clear that this power is to be used explicitly for addressing nuisance or annoyance associated with the consumption of alcohol in a public place. It is important to note that these powers do not make it a criminal offence to consume alcohol within a designated area. An offence is committed if the individual refuses to comply with a constable’s request to refrain from drinking. Those enforcing these powers must take care that they do not state (either verbally or via signage) that the consumption of alcohol in a designated area, in itself, constitutes a criminal offence. Designated Public Place Orders in the Royal Borough i) The borough has two Designated Public Place Orders which were established in

2009 and 2012. These cover some 120 locations across the borough with areas in 21 of the borough wards. All of these locations are shown in the map in Appendix 1 and they are listed in the draft Public Space Protection Order (Appendix 3)

ii) In each case DPPOs came about because of concerns raised by the police, residents and councillors.

iii) In compliance with the above, earlier guidance and the act itself, police data was used to verify areas that needed to be subject to orders (criterion 3 or more alcohol related incidents in a 6 month period).

iv) The locations of incidents were mapped. We agreed with Thames Valley Police sensible boundaries for each location e.g. if a strip of road had been subject to numerous incidents, but a small close off it had none then it would be have been included to avoid displacement.

v) The borough GIS support officers produced maps of all areas proposed for the inclusion and these detailed maps formed the basis of our consultation with proscribed stakeholders including residents and stakeholders.

vi) With regard to the consultation proper all councillors were written to.Detailed maps were made available to members in the Members Rooms at the Town Hall and York House and copies of the maps were provided for residents and other interested parties in all our libraries.

vii) Also, under the previous legislation the borough had to publicise all locations in local newspapers. The advertisements stated how the propose areas could be viewed by interested parties.

ix) The consultations got a good response from members – there was real dialogue about locations, some were added or amended slightly as a result of local

59

knowledge provided by councillors, and one notably (The Green at Wraysbury) was removed after a successful challenge.

x) When Cabinet took decisions about DPPOs it knew accurately what is was approving particularly as the maps were available at the Cabinet Meetings.

xi) Locations of DPPOs have for some years been published on the borough website in the Maps Online area found in the “Know your Neighbourhood” section of the website.

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APPENDIX 3

ROYAL BOROUGH OF WINDSOR AND MAIDENHEAD

ANTI-SOCIAL BEHAVIOUR CRIME & POLICING ACT 2014

PUBLIC SPACES PROTECTION ORDER (ALCOHOL CONSUMPTION) 2015

The Council of the Royal Borough of Windsor and Maidenhead (in this Order called “the

Council”) hereby makes the following Order under Section 59 (1) of the Anti-social Behaviour

Crime and Policing Act 2014 ( “the 2014 Act”):

1. On the land described in the Schedule below ( “the restricted area”), being a public place

in the area of the Council which is a public space in which the consumption of alcohol is

likely to be carried on and is likely to have a detrimental effect on the quality of life of

those in the locality

2. Hereby prohibits the consumption of alcohol at all times, by any person, in the restricted

area.

3. Such Order to be of a duration of 3 years from 30th October 2015.

4. Further, under s63 of the 2014 Act, any person who fails, without reasonable excuse, to

comply with the requirement of a constable or authorised person as defined by the 2014

Act, to not consume alcohol, or anything the constable or authorised officer reasonably

believes to be alcohol, or to surrender anything in their possession which is reasonably

believed to be alcohol or a container for alcohol, commits an offence punishable by

Level 2 fine.

5. This Order may be cited as the Royal Borough of Windsor and Maidenhead Public

Space Protection Order (Alcohol Consumption) 2015 and shall come into force on 30th

October 2015.

Upon the sealing of this Order the following Orders made in 2009 and 2012 will be hereby

revoked on 30th October 2015.

1. The Royal Borough of Windsor and Maidenhead Designated Public Places Order

(Alcohol Consumption) 2009

2. The Royal Borough of Windsor and Maidenhead Designated Public Places Order

(Alcohol Consumption) 2012

Save that such revocation does not affect anything done in connection with the above Orders

before 30th October 2015.

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SCHEDULE

Ascot, Sunningdale and Sunninghill

Church Road

Footpath from Station to High Street (Ascot)

Green area bounded by Lyndhurst Road, Church Road and Oliver Road.

High Street (Ascot)

Lower Village Road

Lyndhurst Road (from Ascot Station to the junction with Brockenhurst Road), All Souls

Road, Victoria Road (from All Souls Road to the junction with Brockenhurst Road) and the

adjacent recreation ground.

Oliver Road

Oriental Road

Quince Close

Station Forecourt (Ascot)

Station Hill (Ascot)

Sunninghill High Street (from the junction with Charters Lane to the junction with Kings

Road)

Upper Village Road

Victory Fields and Playground (London Road)

Bisham and Cookham and Hurley and Walthams

Alfred Major Recreation Ground

Bath Road

Bridge Avenue

Children's Play area, Phipps Close, Woodlands Park (White Waltham)

High Road

Lower Road (the section from Station Hill to the junction with Grange Road)

Peace Lane

Shergold Way

Station Hill

Station Parade (Cookham)

Boyn Hill, Cox Green and Woodlands Park

Altwood Close

Altwood Road

Barley Mead (including the public footpath which links Barley Mead to Thatchers Drive)

and Barley Mead play area/open space.

Bath Road

Boyn Valley Road

Cox Green Lane

Cox Green Road

Farmers Way

Grenfell Road

Haddon Road

Heynes Green and Heynes Green Play Area

Northumbria Road

Pheasants Croft

Play area in Phipps Close

Shoppenhangers Road

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Small green enclosed by Altwood Road and Haddon Road

Wessex Way Shopping Parade, Wessex Way play area/open space (including the Service

Road area, St Columba’s Close, St Chad’s Road (the section between St Columba’s Close

and Wessex Way) and the short section of Wessex Way from the Service Road to

Northumbria Road).

Westborough Road

Wootton Way

Clewer East and Park

Dedworth Road

Green Lane

Imperial Road

St Leonard's Road

Clewer and Oakley Green

Clewer Memorial Recreation Ground

Dedworth Road

Hanover Way

Maidenhead Road

Windsor Road

The area bounded by and including Smiths Lane, Maidenhead Road, Gallys Road, Dedworth

Road and Manor Road.

Datchet, Horton and Wraysbury

Datchet Recreation Ground (Datchet)

Eton and Eton Wick

Bell Lane (Eton Wick)

Brocas Street to Meadow Lane

Eton Court

Eton Recreation Ground

Eton Wick Recreation Ground and Playground

Eton Wick Road (the short section from the junction with Princes Close to the junction with

Haywards Mead)

Haywards Mead

High Street (Eton)

Meadow Lane

South Meadow Lane

Tangier Lane until the junction wit Sunbury Road

Inner Windsor

Acre Passage/Peascod Place

Alexandra Gardens

Arthur Road to Maidenhead Road

Bachelors Acre

Barry Avenue

Boots Passage

Bridgwater Terrace

Charles Street

Church Street Gardens

Claremont Road

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Clarence Road (Peascod Street to Charles Street)

Datchet Road

Farm Yard

George V Memorial

Goswell Hill

Grove Road

James Street

King Edward Court Service Road

Kings Road until the roundabout

Lower Thames Street (including the Windsor and Eton Bridge)

Madeira Walk

Maidenhead Road

Mellor Walk

Oxford Road East

River Street, and the streets forming the Guildhall triangle

Russell Street

Sheet Street to Kings Road

St Leonards Road

St Marks Road on from Grove Road

Stovell Road and the Footway under A332 Bridge

Thames Side

Trinity Place

Vansittart Road

William Street

Windsor Leisure Centre Car Park and Pleasure Ground

Windsor Skate Park (Vansittart Road)

The area bounded by and including Alma Road (from the junction with Clarence Road to

Windsor and Eton Central Station), Clarence Road (from the junction with Alma Road to

Victoria Street), Victoria Street, Sheet Street (from the junction with Victoria Street to the

High Street), Park Street (from the junction with Sheet Street to the junction with St Alban’s

Street), St Alban’s Street, Castle Hill, High Street, Thames Street, Thames Avenue, River

Street, Barry Avenue (from River Street to the junction with Goswell Road), Goswell Road,

Arthur Road (from the junction with Goswell Road to the junction with Alma Road) and the

Alma Road Car Park area.

Maidenhead Riverside and Belmont

The area bounded by and including All Saints Avenue (from the junction with Courthouse

Road to the junction with St Mark’s Road), St Mark’s Road (from the junction with All

Saints Avenue to the junction with Castle Hill), Wellington Road, Gordon Road, College

Rise, College Road (from the junction with Castle Hill to the junction with Belmont Road),

College Avenue, Belmont Road, Belmont Drive, Derwent Drive, Loddon Drive and Belmont

Crescent.

Bath Road

Cookham Road

Harrow Lane

Raymond Road

Riverside Gardens

St Mark’s Road

Walker Court

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Maidenhead Town Centre

The area bounded by and including: Saint Cloud Way (A4), Bad Godesberg Way (A4),

Frascati Way, Grenfell Place, Grenfell Road, Queen Street, York Road and Forlease Road.

Grenfell Park

High Town Road

Holmanleaze

Kidwells Park

Leisure Centre and Megabowl Car Park areas

Library fountain area

Railway Station Forecourt and Station Approach

South Road

York Stream Memorial Garden

Oldfield and Bray

Desborough Park

Fane Way

Guards Club Park (including Guards Club Island) and Reitlinger Open Space

Shoppenhangers Road

Windsor Road

The area bounded by and including Stroud Farm Road, Stompits Road and the cul-de-sacs

off (Hendons Way, Lynden Close, The Brambles, Farm Close and Bucklebury Close).

Old Windsor

Queens Close

Robin Willis Way and Old Windsor Recreation Ground

St Luke's Road

St Peter’s Road

Straight Road

Pinkneys Green and Furze Platt

The area bounded by and including Halifax Road, Halifax Way, Halifax Close, Lincoln

Road, Blenheim Road and Lancaster Road.

The green area between Blenheim Road and Alwyn Road

To include all of Shifford Crescent

Ashcroft Road

Bath Road

Boyn Grove Park

Cookham Road

Deansfield Close

Hampden Road

Highway Avenue

Highway Road

Mulberry Walk

Oaken Grove Recreation Ground

Oldershaw Mews

Sunderland Road

Shifford Crescent (from the junction with Switchback Road North to the junction with

Whitchurch Close), the Service Road which runs between Shifford Crescent and Switchback

Road North and the adjacent green area.

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Dated this 22nd

day of September 2015

The Common seal of the Royal Borough of Windsor and Maidenhead was hereunto fixed in the presence of

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