Public space protection order

Please see below PUBLIC SPACES PROTECTION ORDER 2024 – DARTFORD TOWN CENTRE. Please note this is the official wording from the Order itself. If you require a copy of the official sealed document please contact the Community Safety Unit via email - Community.Safety@dartford.gov.uk or call 01322 343434.

Anti-social Behaviour, Crime and Policing Act 2014

1. Notice is hereby given that Dartford Borough Council ("the Council") hereby makes the following Public Spaces Protection Order under section 59 of the Anti-social Behaviour, Crime and Policing Act 2014 (“the Act"). The Council has complied with the statutory requirements of Section 72 of the Act and undertaken the necessary consultation.

2. The Order may be cited as The Dartford Borough Council Public Spaces Protection Order - Dartford Town Centre.

3. The Order takes effect on 1st February 2024 and will remain in force for three years thereafter.

4. This Order applies to the land described in Schedule 1 (“the Restricted Area”) and as shown edged red on the attached plan (“the Order map”).

5. The pedestrian area(s) as referred to in this Order are described in Schedule 2 (“Pedestrian Area”) and as shown marked in red on the attached plan (“Pedestrian Area map”).

6. The effect of the Order is to prohibit and/or restrict the activities listed in this Order and to impose specific positive requirements.

7. The Council is satisfied that the activities listed in this Order have been carried out within the Restricted Area and that they have a detrimental effect on the quality of life of those in the locality. The effect of the activities is of a persistent or continuing nature and is such as to make the activities unreasonable and justifies the prohibitions, restrictions and requirements imposed by this Order.

8. Intoxicating substances

‘intoxicating substances’ means substances with the capacity to stimulate or depress the central nervous system (i.e. illegal drugs or psychoactive substances (the latter being commonly referred to as ‘legal highs’)

Exemptions will apply in cases where the substances are used for a valid and demonstrable medicinal use (human and animal), including prescription medication, are cigarettes (tobacco) or vaporisers or are food stuffs regulated by food and/or health and safety legislation.

1. Persons within the Restricted Area will not ingest, inhale, inject, smoke, process or otherwise use intoxicating substances.
2. Persons within the Restricted Area will not have in their possession any open containers of intoxicating substances.
3. Persons within the Restricted Area will not have any item that can be used to assist in the taking of intoxicating substances. This includes any device for smoking substances other than e-cigarettes and needles (save for those packaged and sealed by the manufacturer and stored in a hard case).
4. Persons within the Restricted Area will not sell or supply intoxicating substances.

9. Alcohol

At all times, persons will not consume alcohol or have an open alcohol container in the Restricted Area, unless subject to the exemptions listed in Schedule 3.

10. Other forms of anti-social behaviour

‘E-Scooters’ are classed as motor vehicles under the Road Traffic Act 1988. Which means the rules that apply to motor vehicles, also apply to e-scooters including the need to have a licence, insurance and tax.

At all times, persons will not in the Restricted Area:

1. litter;
2. urinate or defecate (unless in a toilet facility);
3. swear, shout, or act in a threatening manner;
4. act in a manner that is causing or is likely to cause, harassment, alarm or distress;
5. Ride an e-scooter in the main pedestrian area of Dartford Town Centre at any time.

11. This Order imposes the following positive requirements:

‘authorised officer(s)’ means a Constable or an authorised person

Persons within the Restricted Area will, on the request of an authorised officer(s):

1. surrender any open containers of intoxicating substances in their possession;
2. surrender to the authorised officer(s) any item used to assist in the taking of intoxicating substances and comply immediately with the authorised officer(s) reasonable request to secure safe disposal of any needles in their possession not sealed and stored, as referred to in paragraph 8(iii.) above;
3. cease and remove any obstruction from the highway, whether moving or stationary, including driving in convoy;
4. cease consuming alcohol (or anything which the authorised officer(s) reasonably believes to be alcohol) and surrender to the authorised officer(s), any open containers of alcohol in their possession.

12. Offences

1. Failure, without reasonable excuse, to comply with a prohibition or restriction imposed by paragraphs 8, 9 and 10 or to comply with a requirement of an authorised officer(s) under paragraphs 11.a, 11.b and 11.c of this Order, is a summary offence under Section 67 of the Act.  A person guilty of an offence under Section 67 is liable on summary conviction to a fine not exceeding level 3 on the standard scale, or, if in receipt of a Fixed Penalty Notice, to a penalty of a maximum of £100.00.
2. Failure to comply with a requirement of an authorised officer(s) under paragraph 11.d of this Order, is a summary offence under section 63 of the Act.  A person guilty of an offence under Section 63 is liable on summary conviction to a fine not exceeding level 2 on the standard scale or, if in receipt of a Fixed Penalty Notice, to a penalty of a maximum of £100.00.