Purpose

The Public Spaces Protection Orders (PSPOs)
restricting street drinking in Bath City and Midsomer Norton were
renewed in September 2024. These orders, implemented under the
Anti-Social Behaviour, Crime and Policing Act 2014, are crucial for
maintaining public safety and addressing anti-social behaviour in
these areas.

To enforce these PSPOs effectively, it is essential to establish a
clear and consistent penalty framework for breaches. This proposal
aims to set the penalty levels for Fixed Penalty Notices (FPNs)
issued under the Anti-Social Behaviour, Crime and Policing Act
2014, specifically for PSPO breaches. The goal is to ensure
transparency, consistency, and formal documentation of the penalty
levels.

Decision

1) 
To set the Fixed
Penalty charge for breach of Public Spaces Protection Orders at the
following levels:
 
· 
Penalty Amount: Set
the maximum Fixed Penalty Notice (FPN) amount for breach of PSPO at
£100, to be paid within 28 days of notice being
issued.
 
· 
Early Payment
Reduction: Offer a reduced penalty of £75 if the payment is
made within 14 days of the FPN being issued.
 
2) 
To consider the
legislative requirement for FPNs, as outlined in the Statutory
Considerations section of the report.
 
3) 
To ensure transparency
and formal documentation of this decision through the Single Member
Decision process.
 
(4)  To agree that the
implementation of all future changes to PSPO Fixed Penalty charges
are delegated to and implemented by the Director of People and
Change, or any successor or equivalent role to that post in
consultation with the relevant Cabinet Member.

Reasons for the decision

The Fixed Penalty Notice levels have been
reviewed within the scope of the legislation. The aim of setting
the penalty amounts is to ensure transparency in the process, and
to act as a deterrent to those breaching a Public Spaces Protection
Order (for anti-social behaviour related to alcohol).

Alternative options considered

To set the FPN at the maximum amount of
£100 without a reduction for early payment. However, this
approach was deemed less effective in promoting prompt compliance
and may disproportionately impact individuals.