Public Space Protection Orders
Public Spaces Protection Orders (PSPOs) were introduced under ‘Community Protection’, Chapter 2, Section 4 of the Anti-social Behaviour, Crime and Policing Act 2014.
They give local authorities power to “ban specific acts in a designated geographical area in England and Wales”, and replace the earlier designated public place orders, gating orders and dog control orders.
Home Office guidance states that “Public Spaces Protection Orders are intended to deal with a particular nuisance or problem in a specific area that is detrimental to the local community’s quality of life, by imposing conditions on the use of that area which apply to everyone. They are intended to help ensure that the law-abiding majority can use and enjoy public spaces, safe from anti-social behaviour.”
The type of restrictions a PSPO might impose include a ban on consuming alcohol in a defined area, a requirement to keep dogs on leads in a particular part of a public park, or the erection of gates to restrict public access for the purpose of reducing crime and anti-social behaviour.
As of June 2023, for example, Bristol City Council has fourteen PSPOs in force, Birmingham Council has five, and Liverpool Council has six.
Writing in The Guardian in Sept 2015 Bradley L Garret described the then new PSPOs as “geographically defined version of asbos that could severely restrict people’s freedoms in urban spaces” and according to Liberty “local councils up and down the country have used them to ban rough sleeping and begging“.
CHAPTER 2 Public spaces protection orders
Power to make orders
(1) A local authority may make a public spaces protection order if satisfied on reasonable grounds that two conditions are met.
(2)The first condition is that—
(a) activities carried on in a public place within the authority’s area have had a detrimental effect on the quality of life of those in the locality, or
(b) it is likely that activities will be carried on in a public place within that area and that they will have such an effect.
(3) The second condition is that the effect, or likely effect, of the activities
(a) is, or is likely to be, of a persistent or continuing nature,
(b) is, or is likely to be, such as to make the activities unreasonable, and
(c) justifies the restrictions imposed by the notice.
(4) A public spaces protection order is an order that identifies the public place referred to in subsection (2) (“the restricted area”) and
(a) prohibits specified things being done in the restricted area,
(b) requires specified things to be done by persons carrying on specified activities in that area, or
(c) does both of those things.
(5) The only prohibitions or requirements that may be imposed are ones that are reasonable to impose in order
(a) to prevent the detrimental effect referred to in subsection (2) from continuing, occurring or recurring, or
(b) to reduce that detrimental effect or to reduce the risk of its continuance, occurrence or recurrence.
(6) A prohibition or requirement may be framed
(a) so as to apply to all persons, or only to persons in specified categories, or to all persons except those in specified categories;
(b) so as to apply at all times, or only at specified times, or at all times except those specified;
(c) so as to apply in all circumstances, or only in specified circumstances, or in all circumstances except those specified.
(7) A public spaces protection order must—
(a) identify the activities referred to in subsection (2);
(b) explain the effect of section 63 (where it applies) and section 67;
(c) specify the period for which the order has effect
(8) A public spaces protection order must be published in accordance with regulations made by the Secretary of State.
60 Duration of orders
(1) A public spaces protection order may not have effect for a period of more than 3 years, unless extended under this section.
(2) Before the time when a public spaces protection order is due to expire, the local authority that made the order may extend the period for which it has effect if satisfied on reasonable grounds that doing so is necessary to prevent
(a) occurrence or recurrence after that time of the activities identified in the order, or
(b) an increase in the frequency or seriousness of those activities after that time.
(3) An extension under this section—
(a)may not be for a period of more than 3 years;
(b) must be published in accordance with regulations made by the Secretary of State.
(4) A public spaces protection order may be extended under this section more than once.
61 Variation and discharge of orders
(1) Where a public spaces protection order is in force, the local authority that made the order may vary it—
(a) by increasing or reducing the restricted area;
(b) by altering or removing a prohibition or requirement included in the order, or adding a new one.
(2) A local authority may make a variation under subsection (1)(a)that results in the order applying to an area to which it did not previously apply only if the conditions in section 59(2) and (3) are met as regards activities in that area.
(3) A local authority may make a variation under subsection (1)(b) that makes a prohibition or requirement more extensive, or adds a new one, only if the prohibitions and requirements imposed by the order as varied are ones that section 59(5) allows to be imposed.
(4) A public spaces protection order may be discharged by the local authority that made it.
(5) Where an order is varied, the order as varied must be published in accordance with regulations made by the Secretary of State.
(6) Where an order is discharged, a notice identifying the order and stating the date when it ceases to have effect must be published in accordance with regulations made by the Secretary of State.
The meaning of ‘public space’ is defined in the legislation as ‘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’.
This includes streets, roads, parks, playgrounds and beaches.
- Writing for the Design Council, Sir Stuart Lipton presented a rather more poetic vison, saying that “Public space is all around us, a vital part of everyday urban life: the streets we pass through on the way to school or work, the places where children play, or where we encounter nature and wildlife; the local parks in which we enjoy sports, walk the dog and sit at lunchtime; or simply somewhere quiet to get away for a moment from the bustle of a busy daily life. In other words, public space is our open-air living room, our outdoor leisure centre.”
Chapter 2 of the Anti-social Behaviour, Crime and Policing Act 2014 empowers local authorities to make Public Spaces Protection Orders if the two main conditions in section 59 are met.
Firstly that:
(i) activities carried on in a public place within the authority’s area have had a detrimental effect on the quality of life of those in the locality, or
(ii) it is likely that activities will be carried on in a public place within that area and that they will have such an effect.
Secondly, that the effect of the activities is or is likely to be:
(i) of a persistent or continuing nature
(ii) is, or is likely to be, such as to make the activities unreasonable, and
(iii) justifies the restrictions imposed by the notice.
In a 2019 post on the UK Human Rights Blog, editor Rosalind English pointed to two specific issues that the legislation brings up which will undoubtedly have relevance to activists and protestors:
(i) whether a local authority had the power to make a PSPO where the activity to be regulated impacted only or primarily on the quality of life of occasional visitors to the locality rather than on those who reside or work in the locality or visit it regularly;
(ii) whether the restrictions imposed by the PSPO were compatible with the rights to freedom of religion, expression and assembly under the European Convention on Human Rights.
No doubt these will be repeatedly tested in court in the future.
In some areas enforcement will be undertaken by council officers – this may include Anti-social Behaviour (ASB) officers, housing officers, park wardens, etc – and in others this may be undertaken in partnership with police officers and/or police community support officers.
The rules can be enforced by issuing fixed penalty notices of £100, which can rise to £1,000 following a successful prosecution.
Westminster City Council writes that “Breach of a PSPO is a criminal offence subject to a fine on conviction of up to £1,000 however, where possible a warning will first be issued before the issuing of a fixed penalty notice (FPN). Payment of the FPN discharges liability to conviction of the offence.”
A Public Spaces Protection Order can last up to three years after which it must be reviewed.
If the review supports an extension and other requirements are satisfied, it may be extended for up to a further three years. There is no limit on the number of times an Order may be reviewed and renewed.
Yes. Where a Public Spaces Protection Order has been made and is in force, it includes all public rights of way, whether they cross public or private land, because they qualify as land which is “open to air and to which the public are entitled or permitted to have access”.
Some public areas in England and Wales are covered by Public Spaces Protection Orders (PSPOs) which are used to deal with nuisances or problems in particular areas that impact the local community’s quality of life. This includes problems with dogs.
PSPOs are enforced by councils, and any breaches should be reported to them with supporting evidence (a series of photographs or video).
In public areas with PSPOs, dog owners may have to:
- keep a dog on a lead
- put a dog on a lead if told to by a police officer, police community support officer or someone from the council
- stop a dog going to certain places – like farmland or parts of a park
- limit the number of dogs an individual has with them (this applies to professional dog walkers too)
- clear up after a dog
- carry a poop scoop and disposable bags
If someone ignores a PSPO, they can be fined:
- £100 on the spot (a ‘Fixed Penalty Notice’)
- up to £1,000 if it goes to court
Do PSPOs apply to hunts?
PSPOs do not cover farms etc, but hunts regularly take packs into public areas (especially at Boxing Day meets) where they might be especially susceptible to issues around dog fouling.
- Photographic evidence of ‘fouling’ gathered by a Cornish sab group resulted in a hunt being fined £100 by the local council (and the hunt complaining on Twitter of the additional costs of not tidying up after themselves).
- Action Against Foxhunting report that they have contacted three local councils (Cornwall, Mendip, Somerset West and Taunton Deane) which all confirm there no exemptions to their PSPOs for hunts.
- In a Freedom of Information request dated February 2023, Sarah Little asked Northumberland County Council: “Whilst hunting dogs are not mentioned in your pspo/ dog fouling, please can you confirm that hunting dogs are NOT exempt?”. The Council responded that that hunting dogs “are not exempt from our current dog control PSPOs “.
It is easy to find the relevant council to report a dog fouling problem to by entering a postcode at gov.uk/report-dog-fouling
From 1st July 2023 the use of BBQs and fires in the New Forest and the feeding and petting of ponies or donkeys are banned under Public Space Protection Orders (PSPOs) introduced by New Forest District Council supported by Forestry England, the New Forest National Park Authority and the Verderers.
Wildlife crime is defined as any action which contravenes current legislation governing the protection of the UK’s wild flora and fauna, including species traded in the UK.
Note that wildlife crime does NOT include:
- Incidents involving domestic or companion animals such as dogs (other than dogs being used to hunt mammals), cats, rabbits, domesticated birds, etc.
- Wild animals that have been involved (killed or injured etc) in road traffic accidents.
Road accidents with wild animals do not need to be reported to the police, but note that domestic animals (as well as goats, horses, cattle, asses, mules, sheep and pigs) come within the remit of the Road Traffic Act.
If you have a road accident involving these animals you are required by law to report it to the police. If the wild animal is so badly injured in a road accident that there is no chance of recovery or the animal can not be returned to the wild then he or she may be euthanised, providing there is no appropriate long-term captive or semi-captive accommodation or when treatment would involve undue suffering or distress.
If we come across a wildlife crime scene or a dead bird/object that may be related to a wildlife crime every piece of information is – or might be – important, but it needs to be recorded properly and accurately for the authorities to have a chance of prosecuting an offender.
- Before we do anything else it is very important that we do NOT approach anyone we suspect of committing a crime – they may be violent and/or aggressive. This is especially true of badger baiters and hare coursers who are typically extremely violent. This must be a first priority!
What do we need to record?
- What we can see happening – what sort of crime is being committed
- Are any firearms involved, could we or the public be in danger?
- The exact location. Most smartphones have map apps or download the free What3Words app. If in open countryside look for obvious landmarks or fence lines, a tall or isolated tree, a wind turbine, any streams or brooks etc. Think about what would you need to re find a remote location.
- It is important to record if at all possible whether we are on or near public land as this will determine the type of police response.
- Never put ourselves in danger, but can we see who is involved and what they look like (e.g. number of people, their gender(s), age(s), the clothing worn, tools being carried)? Can we hear them – if so what are they saying, are they using any names etc?
- If any dogs are involved how many are there, what colour are they, do we know what breed they are (even information like ‘terriers’ or ‘lurcher-types’ can be very useful).
- The make, colour and registration number of any vehicle (we can take photos of a car if we think it is being used or might be used to commit a crime). Does it have any obvious dents, branding or markings, spotlights, bullbars etc.
DO and DO NOT
- Do NOT disturb the scene by walking around unnecessarily – small pieces of evidence (cigarette ends, footprints, the marks left by a spade etc) may be lost or trampled into the mud or grass.
- If photographing an object do try to use eg a coin or a notebook/field guide for scale – providing it won’t disturb the crime scene.
- If in the countryside take wide angle photographs of any landmarks (a tree, a distinctive fenceline, a hill) that might help officers relocate the crime scene. DO NOT mark a site with eg a white plastic bag though. Being able to see a marker from a distance might sound like a good idea, but it will also alert an offender that someone has been at the site: they may go back and remove the evidence.
- Do NOT move any items at the scene – the exception being if they are likely to disappear before the police arrive when we can collect them as evidence.
- Do NOT touch any dead birds or animals with bare hands. They may be poisoned baits or victims of poisoning. Many poisons (eg Carbofuran) are extremely dangerous in even very small amounts and can be absorbed through the skin.
- Do NOT do anything illegal ourselves – that might mean our evidence is not admissible.
If we see a wildlife crime taking place (or someone is at risk of getting injured or is being threatened) call 999 immediately.
They will want to know what we can see happening:
- What sort of crime is being committed
- Are any firearms involved
- Could we or the public be in danger
- Do we have photos or video footage which may be used as evidence
- Tell whoever you REPORT the crime to exactly what you have RECORDED as described in the section above.
To report a historic crime – that is, a crime that is no longer taking place – use 101 or a local organisation instead.
- If calling the police ask to speak to a Wildlife Crime Officer and make sure to get an Incident Report number.
- Please always follow any advice given and – if they are not available – insist that a Wildlife Crime Officer is made aware of your report.
- Our options are wider if the event is over, and it may be preferable to talk first to a charity or NGO to get advice. Crimestoppers (an independent charity) can be contacted in complete confidence on 0800 555 111
- When thinking about reporting a crime it’s worth noting that only the police have statutory powers to make an arrest. RSPCA and RSPB investigation officers work with the police for successful prosecutions.
Reporting a wildlife crime (or even a suspected wildlife crime) is important for two reasons.
- If the event is still happening it may enable the authorities to catch the criminals ‘in the act’ (which means a higher chance of prosecution),
- and if the event is over a report can still help to build up a more accurate picture of what might be happening in a specific location or across the country as a whole.
Our help is always welcomed
- Whoever we decide to contact we have been assured that our help is welcomed and that if we’re in any doubt that what we’re seeing is a crime we should report it anyway. Remember, if what we see ‘feels’ wrong, it probably is!
- Even if we’re not sure about what we’re seeing, we can take a photograph and email it to the police or an investigations officer – they are trained to quickly recognise for example when a snare is illegally placed, whether a trap is being used illegally, or whether a crime is being committed or not.
- We may help stop or solve future crimes by helping build up a pattern of behaviour in an area.
Have you ever wondered what UK law says about hunting with dogs, shooting, or collecting bird eggs? Or what protection foxes, badgers, bats, and birds of prey have? Whether a gamekeeper is using a snare, spring trap, or a cage trap legally? Wanted to know more about operating drones, using airguns, or driving quad bikes legally? What the different forms of trespass are, what constitutes assault, or what we should do if we’re arrested?
And have you ever been unimpressed with having to search hunting and shooting websites to find some of the information you need?
Us too! Which is why we have developed ‘Protectors of the Wild‘ and laid out the information we need in over thirty simple, mobile-friendly pages just like this one.
‘Protectors of the Wild‘ is a free resource to help us all become ‘eyes in the field’ by learning how to recognise, record, and report wildlife crime and wildlife persecution.
After all, the more we know, the more any potential criminal will have to be looking over their shoulder wondering if we know enough to Recognise, Record, and Report what they’re up to.
And the more we can all do to help protect the wild.
To access all Protectors information please go to Protectors of the Wild
Have you ever wondered what UK law says about hunting with dogs, shooting, or collecting bird eggs? Or what protection foxes, badgers, bats, and birds of prey have? Whether a gamekeeper is using a snare, spring trap, or a cage trap legally? Wanted to know more about operating drones, using airguns, or driving quad bikes legally? What the different forms of trespass are, what constitutes assault or harassment, or what we should do if we’re stopped and searched or even arrested?
And have you ever been unimpressed with having to search hunting and shooting websites to find some of the information you need?
Us too! Which is why we have developed ‘Protectors of the Wild‘ and laid out the information we need in forty-one simple, mobile-friendly pages and over 500 FAQs just like this one.
‘Protectors of the Wild‘ is a free resource with two aims: to help us all become ‘eyes in the field’ by learning how to recognise, record, and report wildlife crime and wildlife persecution; and to provide a ‘quick guide’ to anyone interacting with hunts, hunt supporters, or the police.
After all, the more we know, the more any potential criminal will have to be looking over their shoulder wondering if we know enough to Recognise, Record, and Report what they’re up to, and the more we know our rights the better we can protect ourselves.
And the more we can all do to help protect the wild.
The National Wildlife Crime Unit currently has seven priority offences for wildlife crime.
Badger persecution
It is illegal to interfere with or block a badger’s home or ‘sett’. Badger baiting is a centuries-old now illegal blood sport, where small dogs such as terriers or lurchers seek badgers out of their setts before fighting and killing them.
Bat persecution
Bats and their homes are legally protected, so disturbing or removing them is an offence. If bats roost in your roof, you need to obtain a special ‘bat mitigation licence’ from Natural England to be allowed to disturb them. They are hugely important to our ecosystem.
Trade of endangered species
The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) sets out which endangered animals and plants have protected status. It is illegal to remove any of them from their natural habitat, possess, or sell them. Currently, the top priorities are European eels, birds of prey, ivory, medicinal and health products, reptiles, rhino horns, and timber.
Freshwater pearl mussel offences
These Endangered mussels (Margaritifera margaritifera) are only found in rivers in Scotland and small parts of England. They can live for more than 130 years but are extremely sensitive to water pollution and have been illegally farmed for years. It is illegal to damage or destroy their habitat or to take, injure or kill them.
Poaching
Fox, deer, and hare hunting are all illegal under the Hunting Act 2004. Poaching offences also cover illegal fishing – when anglers do not obtain a licence or remove protected fish from lakes and rivers without returning them.
Raptor persecution
Birds of prey are often targeted on shooting estates. Their eggs are also traded illegally. It is an offence to target, poison, or kill them, with a particular focus on Golden Sagles, Goshawks, Hen Harriers, Peregrines, Red Kites, and White-tailed Eagles. Disturbing or taking their eggs or chicks is also illegal.
Cyber-enabled wildlife crime
Social media is often used to promote wildlife crime and recruit people to take part in it. Endangered plants and animals are also traded illegally online.
- Punishment must fit the crime. Conditional discharges and paltry fines are not a disincentive for criminals.
A common complaint is that even if wildlife criminals are brought to court the fines or sentences they get are pathetic and not a disincentive. In most cases judges are giving out the penalties they are allowed to under the law. Changes can be made though. In 2022 the maximum sentence for ‘causing uneccesary suffering’ went from six months to five years. That was the result of targeted public pressure and campaigning. We need to identify where changes should be made and push hard for them.
- Wildlife crime must be notifiable and statistics accurately compiled so that resources can be properly targeted.
Police forces are required by law to inform the Home Office of any notifiable offences, which then uses the reports to compile the crime statistics known as ‘recorded crime’. Currently, wildlife crimes are not ‘notifiable’ though (and wildlife crime involving firearms are also not recorded as firearms offences by the Police). Without them being notifiable, no one knows how many wildlife crimes are being committed across the UK and where the hotspots are (though ‘grouse moors’ is one obvious response). As we have stated many times on this website, law and legislative enforcement is hugely underfunded and under-resourced. Some of this has undoubtedly been through political choice, but if we at least know which crimes are being committed and where, the resources that are available can be placed where they are needed most.
- There must be changes to make it far easier for all of us to play our part in ‘Recognising, Reporting, Recording’ wildlife cime.
As even a quick glance at the Protectors pages makes clear, laws protecting wildlife are hard to understand. Major pieces of legislation like the Hunting Act 2004 and other laws are riddled with exemptions which strongly favour the hunting, shooting, and agricultural industries. Some date from a century or more ago and don’t reflect the modern world. These need to be updated. While there has undoubtedly been efforts made by successive governmants to use ‘plain english’ to explain legislation, any government wanting to tackle wildlife crime needs to make understanding what is and what isn’t a crime far more easily understood and put resources into a reporting system that the public feel confident using. Crucially, the public need to be sure that if they do report a crime it will be acted upon.
- We have to protect the environment and wildlife properly.
Laws protecting wildlife and the environment need to be revised to reflect the 21st century and the biodiversity and climate crises we are in. Animals (and plants) are not an add-on or a ‘nice to have’ – they have shaped the systems that life depends on, and our laws need to reflect how critically important they are.
If you’d like to support just one legislative change, Protect the Wild has launched ‘The Hunting of Mammals Bill: A Proper Ban on Hunting‘ – please sign our petition calling for a proper ban on hunting with dogs.
We would like Protectors of the Wild to be the ‘go to’ free resource, packed with the kind of information that really does help all of us become ‘eyes in the field. But we can’t possibly think of every question that might need answering or every situation someone might find themselves in! And while the information in these pages is largely taken from Government online advice and was compiled in 2023 (and constantlyy updated), perhaps we’ve missed something out.
If you could provide us with legal advice get in touch. Or if you find a mistake or a gap please let us know. That way we can continually improve Protectors of the Wild – for the benefit of animals and all of us. Thanks.
‘Protectors of the Wild’ is a project of Protect the Wild. We have a dedicated email address for anyone wishing to get in touch with a specific Protectors query or with additional information etc. Please use the form on our Contact Protectors page or email protectors@protectthewild.org.uk. Thank you.
Much of the information we give in these pages is very technical or to do with legislation which can be revised without much notice. While we have worked very hard on these pages and we take keeping our information accurate and up-to-date very seriously, Protect the Wild are not legal professionals. Just to make sure no-one thinks we’re offering professional legal advice, we feel obliged to include the following disclaimer on every page.
- Please think of the ‘Protectors of the Wild’ pages as a ‘first stop’ before seeking legal advice. We provide detailed information but not professional advice. The information provided by Protect the Wild should NOT be considered or relied on as legal advice and is for general informational purposes only. Any of the material on our website may be out of date at any given time, and we are under no legal obligation to update such material. While we update and revise as often as we can, Protect the Wild assumes no responsibility for the accuracy and correctness of any information, or for any consequences of relying on it. Please do not act or refrain from acting upon this information without seeking professional legal advice.
