Vehicle related anti-social behaviour PSPO

Anti-social Behaviour, Crime & Policing Act 2014

Public Spaces Protection Order No.1 of 2025

This Order may be cited as Breckland District Council, Public Spaces Protection Order (Vehicle Related Anti-Social Behaviour) Number 1 of 2025('the Order')

In exercise of the power under Section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 ("the Act") being satisfied that the conditions set out in Section 59 of the Act have been met and that the prohibitions and requirements imposed by articles 5 and 6 below are reasonable in all the circumstances, Breckland District Council ("the Council") hereby make the following Order.

1. The Order shall come into operation on 8^th April 2025 and shall have an effect for 3 years thereafter, unless extended under section 60 of the Act.

2. The Order relates to all public places across the entire Breckland District as shown etched in red on the attached plan ('the restricted area').

3. Breckland District Council is satisfied that the conditions set out in Section 59 (2) of the Act have been met, namely;

i. that anti-social behaviour and/or criminal activities have been carried out within the restricted area due to vehicular nuisance.

These activities have had, or are likely to have, a detrimental effect on the quality of life of those living, working and visiting in the locality, and it is likely that the activities will be carried out within the restricted area and have such effect.

4. Breckland District Council is also satisfied that the conditions set out in Section 59 (3) of the Act have been met. Namely:

i. that the effect or likely effect of the activities is, or is likely to be, of a persistent or continuing nature,

ii. that these activities are unreasonable and

iii. justify the restrictions imposed by this Order.

Prohibitions

5. Any person(s) (by definition includes the driver, rider, or registered keeper of a mechanically propelled vehicle, who at the time of the offence was in control of the mechanically propelled vehicle; or in a position to control its use within the restricted area) are prohibited from:

5.1. Attending any meeting or gathering in any public space, as a mechanically propelled vehicle owner, driver, passenger, or spectator where any reasonable person would consider that such activity causes or is likely to cause noise, harassment, alarm, distress, or detrimental impact.

5.2. Carry out, assist, or encourage any other person to carry out any of the actions specified in a to k below:

a. Unnecessarily sounding motor vehicle horns (otherwise than in accordance with the Highway Code), in a manner causing or being likely to cause a nuisance or annoyance to people in the locality.

b. Playing amplified music in or near or powered from a motor vehicle at an excessive volume, causing or likely to cause a nuisance or annoyance to people in the locality.

c. Unnecessary revving of a motor vehicle engine causing or likely to cause a nuisance or annoyance to people in the locality.

d. Driving at an excessive speed or being likely to cause a nuisance and/or danger to persons in the locality of the restricted area.

e. Racing motor vehicles or gathering for the purpose of street racing.

f. When driving a motor vehicle causing repeated, sudden and/or rapid acceleration and deceleration

g. Performing stunts (including but not limited to performing doughnuts, skidding, drifting, handbrake turns, wheel spinning, burn outs).

h. Using loud and/or threatening and/or abusive language causing or likely to cause a nuisance or annoyance to people in the locality.

i. Throws down, drops, or otherwise deposits litter from a motor vehicle and leaves it.

j. Engaging in, encouraging, or assisting activities or other mechanically propelled vehicle related nuisance causing or likely to cause a danger to the public or is likely to cause noise, harassment, alarm, distress, or detrimental impact.

k. Aiding, abetting, counselling, procuring, or taking part in the organisation of the above whether or not any intended event takes place.

Fixed penalty notices and offences

6. It is an offence for a person without reasonable excuse to engage in any activity that is prohibited by this Order.

7. In accordance with Section 67 of the Act, a person found to be in breach of this Order is liable to be issued with a Fixed Penalty Notice of £100 or on summary conviction to a maximum penalty of a level 3 fine.

Appeals

8. In accordance with Section 66 of the Act, any interested person who wishes to challenge the validity of this Order may apply to the High Court within six (6) weeks from the date upon which the Order is made. Any such challenge must be on the grounds that (1) the Council did not have the power to make the Order or to include particular prohibitions or requirements; or (2) that in making the Order, the Council failed to comply with a requirement under the Act.

Definitions

9. In this order the following terms have the meaning given below

9.1. "Public place" means any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, in accordance with Section 74 of the Anti-Social Behaviour, Crime and Policing Act 2014.

9.2. "Mechanically propelled vehicle" means any vehicle which is powered mechanically (for example electrically or by an engine) that is intended or adapted for use on roads. This includes but is not limited to motorcars and motorcycles.

9.3. "Doughnuts" means driving around a small area in a repetitive manner

9.4. "Handbrake turns" means using the handbrake to turn a vehicle.

9.5. "Drifting" means the use of the accelerator when going into a bend causing the tail end of a motor vehicle to slide.

9.6. "Wheel spinning" means (1) use of the accelerator when the motor vehicle is stationary and before releasing the handbrake or brake, causing the wheels of the motor vehicle to spin and noise and/or smoke to be produced, and (2) accelerating at a speed which causes the wheels of the motor vehicle to spin in a manner a competent driver would expect not to happen in the normal course of driving.

9.7. "Burn-outs" means keeping a vehicle stationary or moving only a small distance, whilst spinning its wheels, with the resulting friction causing the tires to heat up and smoke.