Public Spaces Protection Order Number 3 of 2023 (the “order”) Leeds Metropolitan District.
Anti-Social Behaviour, Crime And Policing Act 2014.
This Order may be cited as Leeds City Council, Public Spaces Protection Order Number (3) of 2023.
Leeds City Council exercises its powers under Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 (“the Act”) and under all other enabling powers and makes this Order:
1. This Order shall come into operation on 13 November 2023 and shall have an effect for 3 years thereafter, unless extended by further order under the Council’s statutory powers.
2. This Order relates to the part of the Leeds City Council area of the City Centre of Leeds, as shown edged black on the plan in the Appendix (the “restricted area”.)
3. The Council is satisfied that the conditions set out in Section 59(2) of the Act have been met. Namely, that anti-social and/or criminal activities have been carried out within the ‘restricted area through engaging, promoting, encouraging or assisting in carrying out activities that cause anti-social behaviour such as the illegal sale of items, the use of intoxicating substances, the use of loud and persistent noise, criminal damage, individuals purporting to be acting on behalf of a charitable organisation. These activities have had a detrimental effect on the quality of life of those in the locality and it is likely that the activities will be carried out within that area and have such an effect.
4. The Council is also satisfied that the conditions set out in Section 59(3) of the Act have been met. Namely, that the effect or likely effect of the activities is, or is likely to be, of a persistent or continuing nature and that these activities are unreasonable and justify the restrictions imposed by this Order and that it is, in all the circumstances, expedient to make this Order for the purpose of reducing crime and/or anti-social behaviour in a public place.
5. Valid Street Flyers permit are those issued by Leeds City Council. Valid Pedlars’ permits are those issued by West Yorkshire Police
6. Reference to street collection permits is those issued by Leeds City Council.
7. Reference to temporary structures includes, but is not limited to stalls, tents, tables, trestles, or leaflet stands.
Prohibitions:
8. Person(s) within the restricted area will not while in groups of two or more, engage in anti-social behaviour which is likely to cause alarm, harassment, or distress to any other person in a public space; or to obstruct a public footpath or highway.
8.1. No person who is in breach of paragraphs 8 shall refuse to leave the restricted area when required to do so by an authorised officer.
8.2 Any person required to leave the restricted area under paragraphs 8 shall not return to the area for 24 hours without a good reason.
9. Person(s) within the restricted area will not create loud and persistent amplified sound which could reasonably cause annoyance.
10. Person(s) within the restricted area will not sell or distribute, or attempt or sell or distribute, merchandise or printed material without having in place a valid pedlars’ permit or street flyer consent.
11. Person(s) within the restricted area will not sell goods or collect money on behalf of a registered charity, or to sell goods or collect money, purportedly on behalf of a charity or other charitable or good cause (or obtain an agreement to collect money on behalf of a registered charity), without a valid Street Collection Permit.
12. Persons within the restricted area will not erect temporary structures in a public space without the permission of Leeds City Council.
13. Person(s) within the restricted area will not behave in any way which could reasonably cause harassment, alarm or distress to another person. This will include but is not limited to using verbal insults and making sexually inappropriate comments or gestures.
14. Person(s) within the restricted area will not urinate or defecate in a public place, except when using a designated public convenience.
15. Person(s) within the restricted area will not consume alcohol or be in possession of an open container of alcohol in a public place except where that person is on premises or in public spaces licensed for the consumption of alcohol under the Licensing Act 2003 or otherwise exempted by Section 62 of the Anti-Social Behaviour, Crime and Policing Act 2014.
16. Person(s) within the restricted area will not ingest, inhale, inject, smoke or otherwise use intoxicating substances in a public space.
16.1 Intoxicating substances include alcohol and psychoactive substances (as defined by section 2 of the Psychoactive Substances Act 2016). Exemptions shall apply where substances are included in Schedule 1 of the Psychoactive Substances Act 2016.
16.2 Person(s) in breach of paragraph 16 shall (except where exempted under paragraph 16.1), shall surrender such intoxicating substances in his/her possession to an authorised person upon request and that authorised person is thereafter authorised to disposes of such substances pursuant to Section 63(5) of the Act.
16.3 An authorised person is, for the purposes of paragraphs 16 – 16.2, a Police Constable, Police Community Support Officer or Council Officer and must be able to present their identity and proof of authorisation upon request.
Requirements:
17. Upon the request by an authorised officer, any person(s) in breach of paragraph 13 are required to immediately surrender any alcohol, container of alcohol, or anything in their possession which the authorised officer reasonably believes to be alcohol or a container of alcohol.
This section of the Order applies to all persons within the public places of Leeds Teaching Hospitals NHS Trust (LTHT), Leeds General Infirmary. The prohibitions and requirements at 8-19 also apply to these areas.
Prohibitions:
18. No person within a public place of the LTHT, Leeds General Infirmary public place may without reasonable excuse:
(i) be in possession of controlled drugs or psychoactive substances
(ii) harass or cause distress to any other person, including members of staff
(iii) refuse to leave after medical treatment
(iv) refuse to leave when not requiring medical treatment or visiting a patient
(v) be involved in any other activities which may cause a detrimental effect to staff and patients
Requirements:
19. Any person within a public place of the Leeds Teaching Hospitals NHS Trust (LTHT), Leeds General Infirmary must leave the premises of the Leeds Teaching Hospitals NHS Trust (LTHT), Leeds General Infirmary when instructed to do so by an employee or agent of the LTHT or by an authorised person.
Fixed penalty notices and offences:
20. It is an offence for a person without reasonable excuse to engage in any activity that is prohibited by this Order or, to fail to comply with any requirement of this Order.
21. In accordance with section 63 of the Act, a person found to be in breach of this Order by continuing to consume alcohol after being required by an authorised person to stop consuming alcohol in breach of this Order, or by refusing to surrender alcohol to an authorised person is liable on summary conviction to a maximum penalty of a level 2 fine or to a Fixed Penalty Notice up to £100.
22. In accordance with section 67 of the Act, a person found to be in breach of this Order other than by continuing to consume alcohol after being required to stop by an authorised person or by refusing to surrender alcohol to an authorised person is liable on summary conviction to a maximum penalty of a level 3 fine or to a Fixed Penalty Notice up to £100.
Appeals
23. In accordance with section 66 of the Act, any interested person who wishes to challenge the validity of this Order on the grounds that the Council did not have the power to make the Order or that a requirement under the Act has not been complied with may apply to the High Court within six weeks from the date upon which the Order is made.
Appendix
A map of the City Centre area of Leeds, the boundaries of which are edged in black.
The common seal of the council was hereunto affixed in the presence of:
Authorised Officer: K E Shillitto
Designation: Section Head Legal Services
Seal No. 106951
