ERYC have many Public Spaces Protection Orders (PSPO) across the East Riding for various reasons. I will take a close look at PSPO for Alcohol Consumption.
As can be seen above there is a PSPO for Alcohol Consumption in Bridlington. The Anti-social Behaviour, Crime and Policing Act 2014 – 59 states
The Criminal Justice Act 1967 – 91 states
If the two required conditions of the Anti-social Behaviour, Crime and Policing Act 2014 – 59 apply legislation already exists to deal with it as per the Criminal Justice Act 1967 – 91
By duplicating legislation ERYC is wasting taxpayers resources and preventing law-abiding residents enjoying a picnic with a glass of wine while watching the sea and taking in the sea air.
Punishment – Fixed Penalty Notice
If you breach a PSPO you are issued with a Fixed Penalty Notice (FPN). Unlike a PCN issued for parking, a FPN issued for breaching a PSPO cannot be appealed.
The only way to challenge a FPN for a PSPO is to request your case to be heard in court.
This clearly equates to unfair justice for those who cannot afford to finance a court case.
PSPO Alcohol Consumption – Challenging Prosecution
ERYC have introduced legislation that is exceedingly challenging to prosecute under and they suggest can only be enforced by phoning Humberside Police on 101. As 101 is for none emergencies by the time Humberside Police respond, if indeed they do, the alleged wrongdoer will have left the scene hours if not days before.
Let us say that by chance a Police Officer sees an alleged wrongdoer consuming alcohol and issues an FPN.
The alleged wrongdoer requests their case to be heard in court. In court they state they did not consume alcohol in said location and requests the Police Officer to provide the following evidence:
- That the liquid was indeed alcohol.
- That the liquid was swallowed in said location.
As no such evidence will be available the case must be dismissed.
Let us not forget that before Humberside Police progress in the first instance they must demonstrate the public interest in taking action and using Anti-social Behaviour, Crime and Policing Act 2014 – 59 legislation instead of the Criminal Justice Act 1967 – 91
I rest my case.
Freedom Of Information Request
Under the Freedom of Information Act (FOI) I have requested ERYC inform me in relation to the PSPO for alcohol consumption in Bridlington for 2016, 2017, 2018 and 2019:
- How many Fixed Penalty Notices where issued for each year.
- Upon receiving a Fixed Penalty Notice how many requests for their case to be heard in court for each year was made.