Draft ASB Public Spaces Protection Order 2025 consultation

Any comments on this proposed Order can be made by emailing Asb.consultation@folkestone-hythe.gov.uk

Anyone wishing a printed copy of the proposed order should contact Community Safety Unit, Folkestone & Hythe District Council, Civic Centre, Castle Hill Avenue, Folkestone, Kent, CT20 2QY or telephone 01303 853000.

Anti-social behaviour, Crime and Policing Act 2014

Folkestone & Hythe District Council (the “Council”) makes this Public Spaces Protection Order (the “Order”) in exercise of its powers under Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 (the “Act”).

This Order may be cited as:

Folkestone & Hythe District Council

Anti-social behaviour Public Spaces Protection Order 2025

The Council is satisfied on reasonable grounds that the activities described below (the 'Activities' ) carried out in a public place within its area have had, or are likely to have, a detrimental effect on the quality of life of those in the locality and that the 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.

This Order applies to any land to which the public has access within the areas outlined in red on the maps which accompany the order (the “Restricted Areas”) as shown at SCHEDULE 1 below.

When this Order comes into force it will be for a period of 3 years.

The Activities which are prohibited or required by this Order are: 

• Anti-social alcohol consumption
• Use of intoxicating substances
• Spitting, urinating or defecating
• Begging
• Anti-social street entertainment
• Unauthorised street fundraising and marketing
• Unauthorised camping

An “Authorised Person” refers to any Police Constable, designated Police Community Support Officer, or Officer with authority delegated by the Council.

Anti-social alcohol consumption

Where an Authorised Person believes that the consumption of alcohol within a Restricted Area has had, or is likely to have, a detrimental effect of the quality of life of those in the locality, they can require any person;

• Not to consume alcohol or anything which they reasonably believe to be alcohol;
• To surrender anything in any person’s possession which is, or which the Authorised Person reasonably believes to be, alcohol or a container for alcohol. To be disposed of by the Authorised Person in any way they think appropriate.

This provision does not apply where alcohol being consumed within premises (including designated outdoor areas) that have obtained a licence under the Licensing Act 2003 or by virtue of a permission granted under section 115E of the Highways Act 1980.

The use of intoxicating substances

• The ingestion, inhalation, injection, smoking or other use of psychoactive intoxicating substances shall be prohibited within a Restricted Area.  
• Where an Authorised Person reasonably believes that psychoactive intoxicating substances are being ingested, inhaled, injected, smoked or otherwise used within a Restricted Area they will require any person to surrender said substance and any associated items.  

This provision does not apply where the substance is used for a valid and demonstrable medicinal or therapeutic purpose; is a cigarette or pipe (tobacco) or vaporiser or is a food product regulated and not prohibited by food, health and safety legislation.

Spitting, urinating or defacating

• All persons are prohibited from spitting, urinating and or defecating within a Restricted Area other than by use of a lavatory made available for the public.

Begging

• All persons are prohibited from approaching or propositioning other persons for the purposes of begging or soliciting goods or money within a Restricted Area.
• All persons are prohibited from sitting, laying or loitering whilst in possession of signage or other items ancillary to, for the purposes of begging, soliciting goods or money within a Restricted Area.
• All persons are prohibited from sitting laying or loitering within 5 metres of any ATM for the purposes of begging or soliciting goods or money within a Restricted Area.

This provision does not apply to any authorised collections made by or on behalf of a registered charity or other approved organisation with the landowners’ permission.

Anti-social street entertainment

• All persons are prohibited from performing any type of street entertainment in such a way that causes a nuisance to nearby premises or members of the public within a Restricted Area. Such nuisance includes but is not limited to the inconsiderate obstruction of highways, footpaths and shop entrances, or excessive noise.
• No person shall continue to perform any type of street entertainment when directed by an Authorised Person to cease the ‘Activity’.

Unauthorised street fundraising and marketing

• All persons are prohibited from approaching or stopping another person, within a Restricted Area, for the purpose of asking them to subscribe, support or to donate to a charity, organisation or business
• All persons are prohibited from approaching or stopping another person, within a Restricted Area, for the purpose of participating in a marketing questionnaire or survey.
• All persons are prohibited from encouraging any person to do anything which would constitute a breach of 6 a) and b) above

This provision does not apply where the ‘Activity’ has been authorised by the Council or other body in accordance with a scheme operated or expressly approved by them.

Unauthorised camping

• All persons are prohibited from position any vehicle, caravan, tent, or other temporary structure, within a Restricted Area, that are designed or intended to provide shelter or accommodation for the purpose of overnight stay within the Restricted Area, without prior express consent of the owner or person in lawful control of the land, proof of which shall lie with the person remaining in any such vehicle, caravan or other temporary structure.
• If instructed to do so by an Authorised Person a person a person in control of any vehicle any vehicle or temporary structure shall remove the same and / or any associated equipment, animals or paraphernalia from the Restricted Area without delay.

This provision does not apply where the Pleasure Grounds, Public Walks and Open Spaces 1996 bylaw is already in existence place at the following areas:

The grounds referred to in the forementioned byelaw are as follows:

Folkestone

Cheriton Recreation Ground, Kingsnorth Gardens, Lower Sandgate Road, Radnor Park, Sandgate Recreation Ground, South Street Gardens, Sports Ground, Cheriton Road, The Bayle Gardens, The Leas and Cliff, The Stade and Coronation Walk, Canterbury Road Recreation Ground, and Morehall Recreation Ground,

Hythe

The Royal Military Canal and Land adjoining thereto from the West Hythe Dam to Seaview Bridge/Seabrook outfall, including; The Grove Kent, Lucy’s Avenue, Wakefield Walk, Ladies’ Walk

Definitions

Registered charity means a charity registered with the Charity Commission.

ATM means Automated Teller Machine or ‘cashpoint’, being a machine that dispenses cash and/or facilitates other banking services.

Offence of failing to comply with the Order:

Activity 1. Anti-social alcohol consumption

Section 63(6) of the Act provides that a person who fails without reasonable excuse to comply with a requirement imposed on them cease to consume alcohol or to surrender anything in their possession which is, or which the constable or authorised person reasonably believes to be, alcohol or a container for alcohol, commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Activities 2- 7

Section 67 of the Act provides that it is an offence for a person without reasonable excuse-:

• To do anything that the person is prohibited from doing by the Order; or
• To fail to comply with a requirement to which the person is subject under the Order

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

In accordance with Section 68 of the Act, an Authorised Person may issue a Fixed Penalty Notice up to £100 to a person they have reason to believe has committed an offence under Section 63 or Section 67.

Schedule 1

The Activities enforceable restricted by this Order are:

1. Anti-social alcohol consumption
2. Use of intoxicating substances
3. Spitting, urinating or defecating
4. Begging
5. Anti-social street entertainment
6. Unauthorised street fundraising and marketing
7. Unauthorised camping