Back to the list

Introduction of New Public Space Protection Order

A Public Spaces Protection Order (PSPO) will be introduced in the Roscommon Way area of Canvey Island on 5 September 2022 for a period of 3 years.
This decision was made following a public consultation and was approved by the Council Cabinet on 20 July 2022.

Below you will find information on:

  • The contents of the PSPO
  • The area it covers
  • Penalties for breaching the PSPO
  • Options for legally challenging the PSPO

PSPO Contents

The PSPO is written to tackle the following:

 Participating in car cruising activity as a passenger or driver of a vehicle within the area designated in the Public Spaces Protection Order.

Congregating in the area to spectate cruising activity undertaken by vehicles in the area designated in the Public Spaces Protection Order.

And prohibits the following acitivites:

  • Speeding
  • Driving in convoy
  • Racing
  • Performing stunts
  • Sounding horns (as to cause public nuisance)
  • Revving engines
  • Wheel spins
  • Playing music (as to cause public nuisance)
  • Recording any of the listed activities on any device
  • Using foul or abusive language
  • Using threatening, intimidating behaviour towards another person
  • Causing obstruction on a public highway or in a publicly accessible place, or private land, whether moving or stationary
  • Creating excessive noise
  • Creating a danger or risk of injury to road users including pedestrians
  • Causing damage or significant risk of damage to property
  • Creating significant risk of harm
  • Creating significant public nuisance
  • Creating significant annoyance to the public
  • Engaging in anti-social behaviour covered by any existing legislation
  • Committing any traffic offence covered by existing legislation
  • Congregating to spectate the above activities
  • Engaging in any other activity that a reasonable person would consider it to be ‘car cruising’

Area Covered by the PSPO

The PSPO covers Roscommon Way and surrounding areas (see map)

Penalties for breaching PSPO

A constable or an authorised person may under section 68 of the 2014 ASB Crime and Policing Act issue a fixed penalty notice not exceeding £100 to anyone he or she has reason to believe has committed an offence under section 67 in relation to this Order. Failure without reasonable excuse, to comply with the prohibitions or requirements imposed by this Order is a summary offence under section 67 of the Antisocial Behaviour Crime and Policing Act 2014. 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 (£1000).

Legal challenge

PSPOs can be challenged under the ASB Crime and Policing Act 2014, on the grounds that:

  • The local authority did not have the power either to make the Order or include particular prohibitions or requirements, or
  • That proper processes had not been followed as prescribed by the legislation (The ASB Crime and Policing Act 2014).

Challenges to the introduction of this new PSPO must be made to the High Court within six weeks of the Order being made  and by an individual who lives in, regularly works in or visits the restricted area. The High Court can uphold, quash or vary the PSPO and may decide to suspend the operation of the PSPO pending the verdict. As with all orders and powers, the making of a PSPO can be challenged by judicial review on public law grounds within three months of the decision or action subject to challenge.

More information can be found within these documents:

•  Public Notice[pdf] 85KB
•  Public Spaces Protection Order (PSPO)[pdf] 2MB
•  Public Spaces Protection Order (PSPO) map[pdf] 354KB