Beverley Alcohol Consumption PSPO Enforcement Flaw

The ERYC Beverley Public Space Protection Order (PSPO) prohibiting the consumption of alcohol has two major flaws that prevent lawful enforcement.

Enforcement Flaw 1

Regulations under the Anti-Social Behaviour, Crime and Police Act 2014 state that there should be sufficient signage in the area of the PSPO to draw attention to those using the area, setting out the effect of the Order. The Order must also be published on the Council’s website. The signage in the area does not necessarily need to set out all the provisions of the Order, but rather state where this information can be found.

Signage for the PSPO is displayed on the highway (the highway includes the road, footpath and grass verge).

As the signage is not permitted signage within the Traffic Signs Regulations and General Directions 2016 (TSRGD2016), no enforcement can take place. This is because the signs cannot be displayed on the highway, but sufficient signage must be displayed for all PSPOs.

Enforcement Flaw 2

The signs state “The consumption of alcohol in this area is restricted by order.”

The consumption of alcohol in the area is not “restricted”, it is prohibited.

As the signs do not reflect the order, no enforcement can take place.

Please see Beverley PSPO

Traffic Signs Regulations and General Directions 2016

The purpose of the TSRGD2016 is to ensure that all signage on the highway delivers an unambiguous and speedily understood message for obvious reasons.

Every sign on the highway must be contained in the TSRGD2016 or be approved by the Secretary of State. The Secretary of State cannot approve any signage that does not deliver an unambiguous and speedily understood message.

Overexuberant Local Authorities 

Local Authorities, including ERYC, have become overexuberant in their use of PSPOs. They regularly fail to remember the intention of Parliament when they passed legislation that permitted the introduction of PSPOs.

They are orders to protect public spaces like children’s play areas and parks, not the highway. Hence the name. The TSRGD2016 does not apply to children’s play areas and parks.

Complaint – Action Required

I have registered a formal complaint with ERYC for erecting unpermitted signage on the public highway and requested the removal of such signage at the earliest opportunity.

In addition, ERYC must reimburse any Fixed Penalty Notice (FPN) issued and cease the issuing of FPN for the PSPO as to do so would be a fraud.

The TSRGD2016 make all PSPO that apply to the highway unenforceable.

Posted in ERYC, PSPO

SBC Car Cruising PSPO Enforcement Flaw

The Scarborough Borough Council (SBC) Public Space Protection Order (PSPO) prohibiting car cruising has a major flaw that prevents lawful enforcement.

Enforcement Flaw 

Regulations under the Anti-Social Behaviour, Crime and Police Act 2014 state that there should be sufficient signage in the area of the PSPO to draw attention to those using the area, setting out the effect of the Order. The Order must also be published on the Council’s website. The signage in the area does not necessarily need to set out all the provisions of the Order, but rather state where this information can be found.

Signage for the PSPO is displayed on the highway (the highway includes the road, footpath and grass verge).

As the signage is not permitted signage within the Traffic Signs Regulations and General Directions 2016 (TSRGD2016), no enforcement can take place. This is because the signs cannot be displayed on the highway, but sufficient signage must be displayed for all PSPOs.

Please see SBC – Car Cruising PSPO

Traffic Signs Regulations and General Directions 2016

The purpose of the TSRGD2016 is to ensure that all signage on the highway delivers an unambiguous and speedily understood message for obvious reasons.

Every sign on the highway must be contained in the TSRGD2016 or be approved by the Secretary of State. The Secretary of State cannot approve any signage that does not deliver an unambiguous and speedily understood message.

Overexuberant Local Authorities 

Local Authorities, including SBC, have become overexuberant in their use of PSPOs. They regularly fail to remember the intention of Parliament when they passed legislation that permitted the introduction of PSPOs.

They are orders to protect public spaces like children’s play areas and parks, not the highway. Hence the name. The TSRGD2016 does not apply to children’s play areas and parks.

Complaint – Action Required

I have registered a formal complaint with SBC for erecting unpermitted signage on the public highway and requested the removal of such signage at the earliest opportunity.

In addition, SBC must reimburse any Fixed Penalty Notice (FPN) issued and cease the issuing of FPN for the PSPO as to do so would be a fraud.

The TSRGD2016 make all PSPO that apply to the highway unenforceable.

Posted in PSPO, Scarborough

Bridlington Alcohol Consumption PSPO Enforcement Flaw

The ERYC Bridlington Public Space Protection Order (PSPO) prohibiting the consumption of alcohol has two major flaws that prevent lawful enforcement.

Enforcement Flaw 1

Regulations under the Anti-Social Behaviour, Crime and Police Act 2014 state that there should be sufficient signage in the area of the PSPO to draw attention to those using the area, setting out the effect of the Order. The Order must also be published on the Council’s website. The signage in the area does not necessarily need to set out all the provisions of the Order, but rather state where this information can be found.

Signage for the PSPO is displayed on the highway (the highway includes the road, footpath and grass verge).

As the signage is not permitted signage within the Traffic Signs Regulations and General Directions 2016 (TSRGD2016), no enforcement can take place. This is because the signs cannot be displayed on the highway, but sufficient signage must be displayed for all PSPOs.

Enforcement Flaw 2

The signs state “The consumption of alcohol in this area is restricted by order.”

The consumption of alcohol in the area is not “restricted”, it is prohibited.

As the signs do not reflect the order, no enforcement can take place.

Please see Bridlington PSPO

Traffic Signs Regulations and General Directions 2016

The purpose of the TSRGD2016 is to ensure that all signage on the highway delivers an unambiguous and speedily understood message for obvious reasons.

Every sign on the highway must be contained in the TSRGD2016 or be approved by the Secretary of State. The Secretary of State cannot approve any signage that does not deliver an unambiguous and speedily understood message.

Overexuberant Local Authorities 

Local Authorities, including ERYC, have become overexuberant in their use of PSPOs. They regularly fail to remember the intention of Parliament when they passed legislation that permitted the introduction of PSPOs.

They are orders to protect public spaces like children’s play areas and parks, not the highway. Hence the name. The TSRGD2016 does not apply to children’s play areas and parks.

Complaint – Action Required

As a result of a Freedom of Information request, I can confirm that no Fixed Penalty Notices (FPN) have been issued in relation to the Bridlington Public Space Protection Order prohibiting the consumption of alcohol.

I have registered a formal complaint with ERYC for erecting unpermitted signage on the public highway and requested the removal of such signage at the earliest opportunity.

The TSRGD2016 make all PSPO that apply to the highway unenforceable.

Further Information

Posted in Bridlington, ERYC, PSPO

CCTV Fiasco – Working With Others

As a campaigner, I always welcome the opportunity to work with others to resolve issues that I raise in the smoothest possible manner.

With the  East Yorkshire CCTV Fiasco, I am currently doing this with Humberside Police and others.

Sadly Pocklington Town Council (PTC) has reverted to type – we are perfect the messenger is wrong. This is typified by comments on social media attacking me for exposing the fiasco:

“Why has it taken him this long to notice it? It’s been there for a good while.” Claire Findlay, Deputy Clerk PTC.

“I was wondering that, its been here a very good number of years” Dean Hodgson, Mayor PTC.

I would politely suggest that PTC should be attempting to understand the serious implications of their failures, considered why they failed, established how to correct the failures and learn lessons to avoid such failures in the future.

Others are already doing this. PTC need to wake up, grow up and take responsibility.

Posted in CCTV, Humberside Police, Pocklington

Market Weighton CCTV – Unlawful Signage Removed

Market Weighton Town Council has informed me that the unlawful CCTV signage in the town has been removed.

The first of many actions required to correct the East Yorkshire CCTV Fiasco.

Posted in CCTV, Market Weighton

HDC No Overnight Parking Signs Removal

Hambleton District Council (HDC) have agreed that my challenge to the No Overnight Parking signs on the Leeming Bar Industrial Estate is correct as the signs are no longer legal and will be removed.

HDC stated:

“After making enquiries with both colleagues at Hambleton District Council and North Yorkshire County Council, that the blue ‘No Overnight Parking’ signs are no longer legal given that these roads have now been adopted.  I have today given instruction to have these signs removed at the earliest opportunity.”

Many Local Authorities would welcome the Government making “No Overnight Parking” a lawful sign but as overnight is ambiguous, this will never happen.

By using the word “overnight” the PSPO for Leeming Bar Industrial Estate and surrounding areas is also ambiguous. For this reason, if HDC issue a FPN in relation to the PSPO it will be unenforceable when challenged in a Court of Law.

Further Information

Public Spaces Protection Orders

Posted in Hambleton, Parking, PSPO

Leeming Bar PSPO – Third Night Unchallenged

Last night I spent my third night exposing the unenforceability of the  Leeming Bar Industrial Estate and surrounding areas PSPO.

The first two nights were spent on the two different parts of the  Leeming Bar Industrial Estate. So last night I was parked on the “surrounding areas”.

For the third night, Hambleton District Council(HDC) yet again did not issue me a Fixed Penalty Notice (FPN). This clearly confirms that they know if they issue a FPN in relation to the PSPO it will be unenforceable when challenged in a Court of Law.

I will now wait up to six months to give HDC time to revoke the PSPO. If they fail to do this I will once again challenge the PSPO by direct action.

As a PSPO can only be applied to areas where the public or a section of the public has access to Argyll House and Roughly Corner Farm would appear to be open to public access. Would this include the right to roam, take a picnic and/or set up a campsite?

Equality Impact Assessment

I highly recommend HDC consider why they have failed to carry out an Equality Impact Assessment (EIA) before the introduction of the PSPO. An EIA would have identified that two protected groups are disadvantaged by the PSPO:

  • British Nationals – they would be disadvantaged as EU Nationals could not have a FPN enforced against them. The PSPO has placed British truckers at a financial disadvantage to EU truckers.
  • Gypsies and Travellers – a basic understanding of relevant legislation demonstrates the PSPO could not be enforced against Gypsies and Travellers.

Further Information

Public Spaces Protection Orders

Posted in Hambleton, PSPO

CCTV Fiasco – Working with Humberside Police

I am pleased to confirm that following my investigations into the East Yorkshire CCTV Fiasco Humberside Police have today contacted me. We will now work together to bring resolution to the situation.

Currently, the CCTV systems in Pocklington, Market Weighton and Driffield are operating unlawfully and as such no Data can be used from them to deal with crime. As a result, in effect, they are “out of order” at the moment.

I and Humberside Police have identified aspects that need to be addressed in the first instance to ensure that the CCTV systems are operating lawfully. This includes:

  1. Adequate signage
  2. Confirmation who the Data Controllers are
  3. My subject access requests and Freedom of Information requests addressed

Hopefully, by our working together the CCTV systems will soon be able to gather Data as intended.

Posted in CCTV, Humberside Police

East Yorkshire CCTV Fiasco

As a result of my investigations, I believe it can be safely said that the operating of CCTV systems across East Yorkshire are a fiasco.

Lee Freeman, Chief Constable, Humberside Police

Given the potential issues that could arise from the unlawful operation of a CCTV, I requested Lee Freeman, Chief Constable, Humberside Police to intervene when I exposed the failures of the Pocklington system. I await his reply.

As a result of the Chief Constables silence, I investigated further. I have now revealed that further systems are being operated unlawfully:

  1. Pocklington
  2. Market Weighton
  3. Driffield

The potential repercussions are not just from the past but are also current. The delay in Humberside Police addressing my concerns could add to the potential repercussions. These may include:

  1. Convicted criminals being released due to inadmissible evidence being used against them.
  2. Convicted criminals taking legal cases against Humberside Police.
  3. Humberside Police wasting taxpayers resources by having to agree on settlement terms for their failures.

As this may be the tip of a major UK wide miscarriage of justice I have requested the Chief Constable to intervene locally and to refer the matter to the Home Office.

Posted in CCTV, Driffield, Humberside Police, Market Weighton, Pocklington

Market Weighton Big Brother – CCTV Breaches Legislation

The CCTV in Market Weighton, which is owned and run by Market Weighton Town Council (MWTC), is operating in breach of legislation.

The CCTV operator must let people know they are using CCTV. Signs are the most usual way of doing this. MWTC has failed to do this. Indeed they have three signs in place giving false information.

Formal Complaint

I have made a formal complaint against MWTC for operating the CCTV outwith legislation. In addition, as the CCTV camera signs are giving false information I have requested that they are removed at the earliest opportunity.

Freedom of Information Request (FOI)

Under the FOI I have requested from MWTC:

  • Copy of the communication with the ICO to register as a CCTV operator
  • Copy of the stated purpose for the CCTV system
  • The Privacy Impact Assessment for the CCTV system
  • Contact details of the CCTV Data Controller

Subject Access Request

I want to make a subject access request to MWTC for Data MWTC hold of me that was taken via their CCTV yesterday morning. Unfortunately, until my FOI request is addressed I am unable to do this.

Further Information

Posted in CCTV, Market Weighton