Alcohol consumption in public spaces public spaces protection order
Public Spaces Protection Order to support responsible alcohol consumption in public spaces
In summer 2020 we asked residents for their thoughts on whether council and police officers should continue to have powers to ask people to stop drinking alcohol in public if it’s causing anti-social behaviour.
Almost 90% of respondents agreed, so we extended these powers for a further 3 years until 19 October 2023.
These powers are enforced using a borough-wide Public Spaces Protection Order (PSPO).
What are the restrictions?
Authorised police and council officers can ask people to stop drinking and to dispose of or surrender their alcohol if they believe they are causing, or are likely to cause, anti-social behaviour. Those who refuse may receive a fine of £100, or even be prosecuted.
The PSPO applies to all public places in Hammersmith & Fulham.
Why are the powers needed?
These powers are designed to balance the rights of residents and visitors to enjoy alcohol responsibly in our public spaces with the need to tackle anti-social behaviour efficiently.
The powers have been in place since 2017. They help to keep our streets and parks safe for everyone to enjoy.
View a full copy of the order
- Consumption of Alcohol Public Spaces Protection Order 2020
Anti-Social Behaviour, Crime and Policing Act 2014
The council of the London Borough of Hammersmith & Fulham, in exercise of its powers under sections 59, 63 and 72 of the Anti-social Behaviour, Crime and Policing Act 2014 ("the Act") and all other enabling powers, hereby makes the following order:
1. This Order comes into force on 20 October 2020 and ends on 19 October 2023 unless extended by further Orders under the Council's statutory powers.
2. This Order applies to the public spaces described in Schedule 1 to this Order ("the restricted areas").
3. The council is satisfied that the two conditions below have been met, in that -
i. activities carried on in the restricted area as described below have had a detrimental effect on the quality of life of those in the locality, or it is likely that these activities will be carried on in the public place and they will have such an effect;
ii. the effect, or likely effect, of the activities is, or is likely to be, of a persistent or continuing nature, is, or is likely to be, such as to make the activities unreasonable, and justifies the restrictions imposed by the Order.
The effect of the Order is to impose the following prohibitions and/or requirements in the restricted areas at all times:
Persons in the restricted area detailed in Schedule 1 (1) of this Order will, on the request of a Police Officer, Police Community Support Officer or authorised person from the Council cease drinking alcohol and will dispose of or surrender any alcohol in their possession when asked to do so, unless subject to exemptions listed in Schedule 1 (2).
Any person who without reasonable excuse continues consuming alcohol in the restricted area when asked to stop by a Police Officer, Police Community Support Officer or authorised person from the Council, or fails to surrender any alcohol in his possession when asked to do so by a Police Officer, Police Community Support Officer or authorised person from the Council shall be liable on summary conviction to a fine not exceeding level 2 (currently £500) on the standard scale.
6. Fixed Penalty
A constable or authorised person may issue a fixed penalty notice to anyone he or she believes has committed an offence. A person committing an offence will have 14 days to pay the fixed penalty of £100 (or £60 if paid within 7 days), failing which they may be prosecuted.
Any challenge to this Order must be made at the High Court by an interested person within 6 weeks of it being made. An interested person is someone who lives in, regularly works in or visits the restricted area. This means that only those who are directly affected by the restrictions have the right to challenge. The right to challenge also exists where an order is varied by the Council.
Interested persons can challenge the validity of the Order on two grounds: that the Council did not have the power to make the Order or to include particular prohibitions or requirements; or that one of the requirements of the legislation, for instance consultation, has not been complied with.
When an application is made, the High Court can decide to suspend the operation of the Order pending the Court's decision, in part or in whole. The High Court can uphold, quash or vary the Order.
This order shall remain in place until 19 October 2023.
1. Restricted Areas All areas of land which are open to the air and to which the public are entitled or permitted to have access (with or without payment) within the London Borough of Hammersmith & Fulham
2. Exemptions Nothing in this Schedule shall apply to —
(a) Premises authorised by a premises licence to be used for the supply of alcohol;
(b) Premises authorised by a club premises certificate to be used by the club for the supply of alcohol;
(c) A place within the curtilage of premises within paragraph (a) or (b);
(d) Premises which by virtue of Part 5 of the Licensing Act 2003 may at the relevant time be used for the supply of alcohol or which, by virtue of that Part, could have been so used within 30 minutes before that time;
(e) A place where facilities or activities relating to the sale or consumption of alcohol are at the relevant time permitted by virtue of a permission granted under section 115 of the Highways Act 1980 (highway related issues);
(f) Council-operated licensed premises or land when the premises or land are being used for the supply of alcohol, or within 30 minutes of the end of the period during which the premises have been used for the supply of alcohol. SEAL
Signed copy of the full order
View an easy read translation of the order
To report breaches of this PSPO in parks and open spaces, contact:
- Parks police
- 020 8753 5999
To report breaches of this PSPO in other public areas, contact:
- Neighbourhood wardens
- 020 8753 2645
For further information about the PSPO, contact:
- Community safety unit
- 020 8753 2816