Cornwall Council renewed the Public Spaces Protection Order (Alcohol Consumption in Designated Public Places) in October 2023 following consultation and approval by Cornwall Council Neighbourhoods Overview & Scrutiny Committee.
Public Spaces Protection Orders (PSPOs) are one of a range of measures introduced by the Anti-Social Behaviour (ASB), Crime and Policing Act 2014 (the Act) to combat ASB.
A PSPO identifies a public space (the Restricted Area) and prohibits certain activities within that area and/ or requires certain things to be done by persons engaging in certain activities within that area. PSPOs should focus on identified problem behaviour(s), rather than targeting specific individuals or properties. A breach of a PSPO is a criminal offence.
In 2012, Cornwall Council made a combined Alcohol Consumption in Designated Public Places Order (DPPO), which created a county wide ‘Controlled Zone’. This was based on the former District Council Designated Public Places Orders and brought them into the first single order following Cornwall Council becoming a unitary authority.
In 2018 the Order transitioned into a Public Spaces Protection Order (PSPO) under the provisions of the Act. This Order expired in October 2023, and was again renewed with amendments and is due to expire on October 1st 2026.
The PSPO gives the police and authorised Officers of the Council powers to confiscate alcohol from a minority of drinkers whose excessive drinking causes problems for others in public spaces. The purpose of the DPPO was to ensure that the consumption of alcohol in a public place did not cause disorder, nuisance or annoyance to members of the Public, and this is required to be reviewed every three years.
The PSPO is designed to ensure the law-abiding majority can use and enjoy public spaces without experiencing anti-social behaviour. These powers are not intended to disrupt peaceful activities and are used explicitly for addressing nuisance or annoyance associated with the consumption of alcohol in a public place. It is not a criminal offence to consume alcohol within a designated area. An offence is only committed if the individual refuses to comply with an authorised officer’s request to stop drinking.
A PSPO cannot be used to restrict the consumption of alcohol where premises are licensed for the supply of alcohol as licensing law already includes safeguards against premises becoming associated with nuisance and anti-social behaviour.
The current Order is effective across all land to which the public have access as identified within the current order.
Alcohol related anti-social behaviour can quickly escalate and have a significant and lasting impact upon communities. Whilst most residents, visitors or people living and working in the county drink socially and behave responsibly, their right to enjoyment of our public spaces can be threatened by those who behave in anti-social manner, The PSPO allows Police and authorised Council officers to ask individuals to stop drinking and have their alcoholic drinks confiscated, if they are deemed to be acting antisocially. It is an offence to fail to comply with a request to stop drinking or surrender alcohol including any opened or sealed containers in the area covered by the PSPO
What are the concerns and issues with street drinking/ drinking in public spaces?
Street drinking is sometimes associated with anti-social behaviour, causing high levels of noise, rowdy and nuisance behaviour, harassment and intimidation of passers-by, as well as the littering of cans and bottles and urination in public spaces.
How long has the current PSPO been in place?
The County wide DPPO, now a PSPO, went live in 2012. The aim of this was to reduce the amount of anti-social street drinking occurring within Cornwall and therefore lowering the number of residents’ complaints. Its aim was to ensure our public spaces are safe, improving the quality of life for residents and visitors.
Can I be stopped or arrested for carrying alcohol in public spaces?
A PSPO does not make it illegal to carry alcohol or to drink alcohol in a public place; as long as drinking is done responsibly. A PSPO will only be used to tackle alcohol related anti-social behaviour or disorder. Under these circumstances police will have the power to stop people drinking alcohol and seize or confiscate alcohol within the controlled area.
Would people still be able to drink or hold alcohol bottles outside pubs?
Yes. The PSPO does not make it illegal to drink alcohol in a public place. However, if a person was to drink beyond the legal boundary of licensed premises and they do not stop drinking if asked to do so by an officer authorised by the local authority, police officer or police community support officer, then they could be at risk of regulation.
What about street parties and events in parks?
Events within a public place authorised by a premises license or a Temporary Event Notice (TEN) will be excluded from the Police and Authorised Council Officers PSPO powers.
A PSPO does not make it illegal to carry alcohol or to drink alcohol in a public place; as long as drinking is done responsibly, a PSPO will only be used to tackle alcohol related anti-social behaviour or disorder. Under these circumstances police will have the power to stop people drinking alcohol and seize or confiscate alcohol within the controlled area.
How will the PSPO be enforced?
If the person breaching the PSPO fails to comply with the requirements of the order, they will be issued with a £100 Fixed Penalty Notice and taken to court if the fine is not paid within the specified timeframe. A person guilty of an offence is liable on summary conviction to a fine up to £1000.
The PSPO will be enforced by Cornwall Council Authorised Officers and the Police.
Does the PSPO ban drinking alcohol in public spaces?
It is NOT an offence to consume alcohol within the PSPO identified areas however; a Constable or Authorised Person can require a person to stop consuming what they believe to be alcohol and require that person to surrender any alcohol or container they believe contains alcohol. The Person must be informed that failure to comply with the Officers requirement is an offence. A Constable or Authorised Person may dispose of the contents in whatever way they think appropriate
