Cabinet rescinds Public Spaces Protection Order and asks that new order is prepared as soon as possible

At a Cabinet meeting held on Thursday 22 August, a decision was made to rescind the decision made on Thursday 25 July in respect of the Public Spaces Protection Order.

Cabinet members at Thanet District Council made the decision following recommendations by the Overview and Scrutiny Panel that the council’s proposed Alcohol and Antisocial Behaviour PSPO be re-considered. 

The  PSPO was previously approved by Cabinet, on Thursday 25 July. The item was subsequently called in by the Chair of the Overview and Scrutiny Panel. The call-in was made on the basis of a letter under the pre-action protocol for judicial review, sent by the Free Speech Union (FSU) indicating its intention to apply for judicial review. As the initial decision by Cabinet was not implemented, there is now no basis for the PSPO to be legally challenged.

There were previously two separate PSPOs, one related to Alcohol and another to Antisocial Behaviour, both of which were due to expire at the end of July 2024. As part of the council’s continued commitment to help make Thanet a safe place to live, a new order encompassing both alcohol and antisocial behaviour was drafted.  

The new order expanded on the previous orders and sought to introduce restrictions that would help to address some of the incidences of antisocial behaviour that have caused issues within the District. 

Although the proposed PSPO included a restriction preventing the use of foul language which caused alarm or distress to other people, there have been provisions regarding the use of foul language in force in Thanet via a PSPO since 2018. This was not an issue raised with the council by the Free Speech Union.

However, Cabinet agreed that the drafting of this order could be improved to ensure that it is fully enforceable.

The PSPO will now be redrafted, a public consultation will follow which clearly sets out the PSPO’s aims and provides clear evidence for the proposed restrictions in the suggested locations.