The Anti-Social Behaviour, Crime And Policing Act 2014
Public Spaces Protection Order (Blackpool Borough Council)
Town Centre And Promenade 2024
Blackpool Borough Council in exercise of its powers under section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 (the Act) and all other powers enabling it in this regard, being satisfied that the conditions set out therein; having been met hereby makes the following Public Space Protection Order (PSPO):
Definitions
1. For the purposes of this Order, the following definitions will apply:
‘Alcohol’ has the meaning given by section 191 of the Licensing Act 2003;
‘Authorised person’ means a constable, a police community support officer or a person authorised in writing by Blackpool Borough Council; and
‘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.
2. The original PSPO being sealed on 10 November 2015 and renewed in 2018 and 2021, Blackpool Borough Council is now satisfied that this PSPO shall be extended in terms as set out below. This decision having been made following further consultation, between 15 July 2024 and 8 September 2024; publication of the consultation and notification as is required and is satisfied that the activities listed below are taking place within the restricted area (the Land outlined in blue on the attached map in Schedule 1) include:
- Consumption of alcohol in a public place (So-called ‘Street Drinking’)
- So-called ‘Gag Mag’ sales
- The act of begging as a means of appropriating monies, food or other goods in places where the public have access on payment or otherwise
- Pedlars using and displaying goods on inappropriate sized trollies
- Glass products being taken onto the beach and sea defence wall
- Street performers causing nuisance and obstruction
- Unauthorised charity collections and/or so called ‘awareness campaigns’
- Sale of pyrotechnical articles
- Pedlars, mobile food vendors or others trading in crowded locations
- The use of tents and unauthorised encampments for overnight stays
3. Blackpool Borough Council is further satisfied that the activities referred to in paragraph 2 above are having or are likely to have a detrimental effect on the quality of life of those in the locality and it therefore makes the Public Spaces Protection Order, the terms of which are explained below:
Prohibited and required activities
4. Unless otherwise stated, the prohibitions and requirements detailed in parts A to J below shall apply at all times of the day and all days of the week throughout any calendar year throughout the entirety of the restricted area.
A – Drinking in a public place
5. All persons are prohibited from drinking alcohol in any public place located within the restricted area. This provision does not apply to alcohol consumed within premises licensed under the Licensing Act 2003 or s.115E of the Highways Act 1980.
6. Where an authorised person reasonably believes that a person is consuming alcohol or has been consuming alcohol in contravention of this order; or where an authorised person reasonably believes that a person intends to consume alcohol in circumstances which be a contravention of this order, then the authorised person can take steps to:
- Prohibit the person from consuming alcohol or anything which the authorised person reasonably believes is an alcoholic beverage in breach of this order; and
- Require that person to surrender any alcohol, or anything, which the authorised person reasonably believed to be alcohol, that is in the person’s possession, including any container for alcohol
B – So-called ‘Gag Mag’ Sales
7. All persons are prohibited from selling, offering to sell, exposing for sale any publication or asking for any donation for any such publication, unless;
- They are a registered newspaper seller
- They are an authorised seller of the ‘The Big Issue’ or
- They have prior written authorisation from Blackpool Borough Council
C – Begging
8. All persons are prohibited from loitering in any public place, or any place to which the public have access on payment or otherwise for purposes of begging. For the purposes of this prohibition, loitering means ‘standing, sitting, approaching people they do not know or waiting around without apparent purpose’. Begging is not limited to approaching people and/or asking for money, food or other things, or placing a receptacle for donation.
D – Pedlar trolley sizes
9. Any person acting as a pedlar is prohibited from using or utilising any trolley barrow, receptacle or any other item used for the transportation and/or display of goods with a carrying capacity of more than 0.5 cubic metre unless they are exclusively selling consumable food items, when the maximum carrying capacity is 1 cubic metre. The overall length of any trolley barrow, receptacle or any other item used for the transportation and/or goods must not exceed 2.1m along its longest side. The displaying of goods over a height of 1.5m from floor level is prohibited.
E – Glass products on the beach or sea defence wall
10. All persons are prohibited from possessing, using or taking any glass receptacle or container onto the beach or sea defence wall.
F – Street performers
11. All persons are prohibited from performing or partaking in any street performances of any description without having written consent from the public protection department of Blackpool Borough Council.
G – Charity and/or awareness campaigns
12. All persons are prohibited from taking pledges and/or selling, offering to sell, exposing for sale any item whatsoever which purports to support any charitable cause or any cause intended to raise awareness of any charity, issue or any matter without having the written consent from the licensing department of Blackpool Borough Council.
This prohibition does not apply to;
- Members of the Public Fundraising Regulatory Association acting in accordance with the management agreement in respect to Church Street and Victoria Street
- Anyone operating under the authority of a valid street collection permit issued under section 5 of the Police, Factories & c. (Miscellaneous Provisions) Act 1916
H – Sale of pyrotechnical items
13. All persons are prohibited from selling, offering to sell, or exposing for sale any pyrotechnical article likely to cause excessive noise, or excessive smoke so that when discharged it is likely to cause alarm, fear or distress to persons or animals including the horses used by licensed horse drawn hackney carriage operators.
I – Pedlars, food operators and other traders prohibited from specified areas
14. Pedlars with carts are prohibited from trading in the following areas;
- The area bounded by North Pier to Central Pier, Chapel Street to the junction of Bonney Street, Bonney Street to New Bonny Street, New Bonney Street to the junction of Central Drive, Central Drive to the junction of Bank Hey Street, Bank Hey Street to the junction of Market Street, Market Street to the Junction of Talbot Road, Talbot Road to North Pier.
- Within 50 metres in a northerly direction of North Pier
- Within 50 metres in a southerly direction of Central Pier
- Within 50 metres in a northerly or southerly direction of South Pier
15. Pedlars without carts, mobile food vendors and other traders are prohibited from trading in the following areas:
- Within 50 metres in a northerly or southerly direction of North Pier, Central Pier or South Pier
- Within 50 metres of the RNLI Lifeboat Station (Unless fundraising on behalf of the RNLI)
J – Prohibition of tents and unauthorised camping
16. No person shall position any tent or other temporary structure designed or intended to provide shelter or accommodation, for the purpose of an overnight stay.
17. No person shall remain overnight in any tent or other temporary structure designed or intended to provide shelter or accommodation
18. If instructed to do so by an authorised officer a person shall clear away any tent or other temporary structure and/or associated paraphernalia immediately.
Penalties for non-compliance
Offences
19. If, without reasonable excuse, a person is B to J above, they will commit a criminal offence for which the maximum penalty upon summary conviction in magistrates’ court is a fine not exceeding level 3 on the standard scale.
20. In respect of activity in relation to A above, namely the consumption of alcohol in a public place, whilst it is not an offence in the same way as activities B to J, it is an offence if a person fails, without any reasonable excuse, to comply with an authorised person’s request as per paragraph 6 (a) and (b) above. An authorised person who imposes a requirement under paragraph 6 (a) and (b) must tell the person that failing without reasonable excuse to comply with the requirement is an offence.
21. In the event of such a failure, a person will commit a criminal offence for which the maximum penalty upon summary conviction is a fine not exceeding level 2 on the standard scale.
This Order shall come into effect at midnight on the 10 November 2024.
This Order shall have effect for a period of 3 years until midnight on 9 November 2027.
Given under the common aeal of The Borough of Blackpool on the day of November 2024
The common seal of Blackpool Borough Council was hereunto affixed in the presence of:
Authorised signatory
Area covered by this order
As a guidance only the area covered by this order is the:
- Promenade from Squires Gate Lane in the south, along the shoreline to Red Bank Road in the north and
- the area bordered by
- St Annes Road
- Central Drive
- Albert Road
- Cookson Street
- Around the train station (Talbot Square, Springfield Road to Blackpool North Train Station, Buchanan Street, George Street, King Street, Adelaide Street, Albert Road)
- Dickson Road and Holmfield Road in the west.
If you are unsure if a specific street is covered by this order please contact our trading standards team on 01253 478410 or email pspo@blackpool.gov.uk