Conditions of the order
Torbay Council (the Council) in exercise of the power under Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 (the Act), being satisfied that the conditions set out in Section 59 of the Act have been met, makes the following order:
The Order applies to the public areas as described in the Schedule of Land (the Restricted Area):
- Any person or persons behaving in a manner that has caused, or likely to cause a member of the public to suffer harassment, alarm or distress by that behaviour, must leave the area either immediately or by such a time as may be specified and by such means as may be specified, when ordered to do so by an authorised officer.
- The means specified by the authorised person may include a requirement not to re-enter a defined zone within the PSPO area until a certain time, which shall be no later than 24 hours from the time that an authorised person orders a person to leave the area and or persons to disperse from that area.
Definitions
- The Authority means Torbay Council (the Council)
- Authorised Officer means a police officer, an employee, agent or contractor of the Council or other person who is authorised in writing by the Council.
- Restricted Area means the land designated in the Schedule of Land to this Order.
- The Order applies at all times.
- This Order comes into force on 1 May 2024 and will remain in force for a period of three years from that date.
Penalty
Any person who, without reasonable excuse, fails to comply with this Order shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Schedule of Land
This Order applies to all land within the Restricted Area in the map below edged in red that is open to the air and to which the public are entitled to, or permitted to have access (with or without payment). For the purposes of this Schedule, land which is covered is to be treated as land which is ‘open to the air’ if it is open to the air on at least one side.
Challenging the Validity of Orders
An interested person may apply to the High Court to question the validity of –
- This Order, or
- A future variation of this Order
“Interested person” means an individual who lives in the restricted area or who regularly works in, or visits, that area.
An appeal against this Order or a future variation of this Order may be made to the High Court within six weeks from the date on which the Order or variation is made, on the grounds that:
- Torbay Council did not have power to make the Order or variation, or to include particular prohibitions or requirements imposed by the Order (or by the Order as varied);
- A requirement under Chapter 2 of the Anti-Social Behaviour, Crime and Policing Act 2014 was not complied with in relation to the Order or variation.
Dated this First Day of May 2024
