LEEDS CITY COUNCIL

ANTI.SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014

PUBLIC SPACES PROTECTION ORDER NUMBER (1) of 2020 (the "ORDER")

AREA OF NORTH WEST LEEDS

This Order may be cited as Leeds City Council, Public Spaces Protection Order Number (1)of 2020.

Leeds City Council exercises its powers under Section 59 of the Anti-Social Behaviour,Crime and Policing Act2014 ("the Act") and under all other enabling powers, hereby makesthe following Order:

1. This Order shall come into operation on Wednesday 01 July 2020 and shall have aneffect for 3 years thereafter, unless extended by further order under the Council'sstatutory powers.

2. This Order relates to the part of Leeds City Council, Area of North West Leeds asshown edged black on the attached plan (the 'restricted area').

3. The Council is satisfied that the conditions set out in Section 59 (2) of the Act havebeen met. Namely, that anti-social behaviour and/or criminal activities have beencarried out within the 'restricted area' through 'engaging, promoting, encouraging, orassisting in carrying out a street party', or through use of intoxicating substances','criminal damage', and/or 'anti-social behaviour'; or through the lack of control of'household waste'. These activities have had a detrimental effect on the quality of lifeof those in the locality, and it is likely that the activities will be carried out within thatarea and have such an effect.

4. The Council is also satisfied that the conditions set out in Section 59 (3) of the Act havebeen met. Namely, that the effect or likely effect of the activities is, or is likely to be, ofa persistent or continuing nature and that these activities are unreasonable and justifythe restrictions imposed by this Order and that it is in all the circumstances expedientto make this Order for the purpose of reducing crime and/or anti-social behaviour in apublic place. irip.

PROHIBITIONS:

Person(s) within the 'restricted area'will not: engage, promote, encourage, or assist in

carrying out a street party causing amplified music or other noise in a public space,and which is likely to have a detrimental effect on the quality of life of those in thelocality, and is or likely to be, of a persistent or continuing nature, or is likely to be, suchas to make the activities unreasonable without the express permission. of the LeedsCity Council.

2. Person(s) within the 'restricted area' will not: be in groups of two or more and engagein anti-social behaviour likely to cause alarm, harassment or distress to any otherperson in a public space.

3. Person(s) within the 'restricted area'will not: consume alcohol, or be in possession ofan open container of alcohol in a public space unless they are on premises or in

public spaces licensed for the consumption of alcohol under the Licensing Act 2003or premises or places othenruise exempt from the operation of this PSPO by Section62 Anti-Social Behaviour Crime and Policing Act 2014

4. Person(s) within the 'restricted area'will not: ingest, inhale, inject, smoke or otherwiseuse intoxicating substances in a public space.

5. lntoxicating Substances is given the following definition which includes alcohol andPsychoactive Substances i.e. substances with the capacity to stimulate or depress thecentral neryous system. Exemptions shall apply in cases where the substances areused for a valid and demonstrable medicinal use, given to an animal as a medicinalremedy, are cigarettes (tobacco) or vaporisers or are food stuffs regulated by foodhealth and safety legislation.

6. Persons within this area who breach this prohibition shall (with the exemption of thematters referred to in Paragraph 3 above): surrender in accordance with therequirements under section 63(2) intoxicating substances in his/her possession to anauthorised person and the authorised person is thereafter authorised to dispose of anyitem under section 63(5) of the Act.

7. An authorised person could be a Police Constable, Police Community Support Officeror Council Officer, and must be able to present their authority upon request.

Requirements relating to Household Waste:

8. This section of the Order applies to all persons in a position to control residentialpremises (referred to as "the relevant person") located within the specified area, (allsuch premises referred to hereafter as "relevant premises"). For the purposes of thisorder relevant person means any person residing in, whether permanently ortemporarily, by legal right or simple occupation, at any premises situated in thespecified area, and also any owner or managing agent of any premises let on aperiodically tenancy and situated within the specified area.

L Each relevant person is required to ensure that all household waste stored at relevantpremises and / or presented or to be presented for collection from relevant premisesshall be contained in receptacles and those receptacles will not be situated outside theboundary of the relevant premises other than after 6pm the night before collection isdue, and returned inside the boundary of the relevant premises no later than 9pm onthe day of collection.

10. Each relevant person shall have an equal and separate responsibility in relation to therequirement at (9) above, whether physically present at the relevant premises at therelevant time or not.

11. No person shall be guilty of an offence under this Order if that person demonstratesthat he or she has taken all such steps as were reasonably available to that person tosecure compliance, provided that proof of the same shall lie with that person.

FIXED PENALW NOTICES AND OFFENGES:

1. lt is an offence for a person without reasonable excuse to engage in any activity thatis prohibited by this Order or, to fail to comply with any requirement of this Order

2. ln accordance with section 63 of the Act, a person found to be in breach of this Orderby continuing to consume alcohol after being required by an authorised person to stopconsuming alcohol in breach of this Order, or by refusing to surrender alcohol to anauthorised person is liable on summary conviction to a maximum penalty of a level 2fine or to a Fixed Penalty Notice up to Ê100.

3. ln accordance with section 67 of the Act, a person found to be in breach of this Orderother than by continuing to consume alcohol after being required to stop by anauthorised person or by refusing to surrender alcohol to an authorised person is liableon summary conviction to a maximum penalty of a level 3 fine or to a Fixed PenaltyNotice up to Ê100.

APPEALS:

1. ln accordance with section 66 of the Act, any interested person who wishes tochallenge the validity of this Order on the grounds that the Council did not have thepower to make the Order or that a requirement under the Act has not been compliedwith may apply to the High Court within six weeks from the date upon which the Orderis made.

APPENDIX:

A street plan of Leeds City Council, Area of North West Leeds showing the 'restricted area'edged in black.

Given under the Common Seal ofLeeds City CouncilOn the

day of 2020

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