Council consults on Public Space Protection Order to ban 'legal highs'

The City of Lincoln Council has launched a consultation on the introduction of a Public Space Protection Order (PSPO) that would ban the taking of ‘legal highs’ in the city centre.

The local authority has previously introduced Designated Public Place Orders in the centre as well as the city’s Arboretum and Temple Gardens. These allow for the prevention of alcohol consumption under certain circumstances in certain areas.

City of Lincoln said the PSPO – brought in under the Anti-social Behaviour, Crime and Policing Act 2014 – would not just be restricted to alcohol consumption and allowed it to tackle a wider range of issues.

The proposed order would contain the following prohibition:

• Person(s) within this area will not ingest, inhale, inject, smoke or otherwise use intoxicating substances.
• Intoxicating substances is given the following definition (which includes alcohol and what are commonly referred to as ‘legal highs’): Substances with the capacity to stimulate or depress the central nervous system.

The order would not cover tobacco smoking or substances used for medicinal reasons.

Anyone who breached the order would be committing a criminal offence and could receive a Fixed Penalty Notice or face a fine in court. Police and council enforcement officers would also have the power to demand the surrender of the intoxicating substances.

If agreed, the PSPO can apply for up to three years, when it will be subject to another consultation and review.

Sam Barstow, the council’s Service Manager for Public Protection and Anti-Social Behaviour, said: “The main difference between the existing powers and this new proposal is that it gives us the ability to tackle on-street alcohol consumption and the use of so-called legal highs.

“The Designated Public Place Order required police to be satisfied consumption of the alcohol would lead to anti-social behaviour, which led to difficulties in enforcement. The new order would be a complete ban on consuming both alcohol and legal highs in the city centre.”

Cllr Fay Smith, Portfolio Holder for Environmental Services and Public Protection, said: “New psychoactive substances, commonly known as ‘legal highs’, are a concern to the council and other agencies. Their availability and usage have had an impact in the city centre, where the lower High Street and St Mary’s Street in particular have suffered increases in anti-social behaviour.

“The negative effect of this continuing behaviour makes it unreasonable and has a detrimental effect on the quality of life for people in the area. We are also committed to taking any action to improve community safety and protect the reputation of the city centre.”

She added: “This proposal for a new PSPO is a proactive approach that will allow the council and Lincolnshire Police to tackle on-street use of legal highs, alcohol and any other intoxicating substances within the city centre, helping to prevent the issues this causes and offer support and intervention to those who need it.”

City of Lincoln’s Policy Scrutiny Committee will consider the responses from the formal consultation on 17 December. Members of the committee will then be invited to make recommendations to the Executive ahead of its meeting on 19 January.

The authority said it was hoped a final recommendation would go before full council on 24 February.

If approved, the order would commence on 1 April 2015.