Barbecues: Public Spaces Protection Orders
The question
To ask the Secretary of State for the Home Department, what assessment she has made of the effectiveness of (a) support and (b) guidance provided to local authorities on the use of Public Spaces Protection Orders to prevent the use of disposable barbecues in areas at high risk of wildfire.
Answered by Dame Diana Johnson
The Anti-Social Behaviour, Crime and Policing Act 2014 provides the police, local authorities and other local agencies with a range of tools and powers they can use to respond to anti-social behaviour (ASB), including the Public Spaces Protection Order (PSPO).
The powers in the 2014 Act are deliberately flexible in nature, and it is for local agencies to determine whether their use is appropriate in the specific circumstances of each individual case.
PSPOs may be put in place by a local authority to deal with a particular nuisance or problem in a specific area that is detrimental to the local community’s quality of life, by imposing conditions on the use of that area which apply to everyone. This may include for example a prohibition on use of barbecues in a specific location.
Failing to comply with a requirement of a PSPO is a criminal offence. Depending on the behaviour in question, the enforcing officer could decide a Fixed Penalty Notice (FPN) would be the most appropriate sanction. As set out in legislation, FPNs have a fixed upper limit of £100. Provisions in the Crime and Policing Bill will increase the upper limit for breach of a PSPO to £500.
The Home Office publishes statutory guidance for frontline professionals on the use of the powers in the 2014 Act. The guidance is published here: https://assets.publishing.service.gov.uk/media/6422a19b60a35e00120cae63/2023_Update_ASB_Statutory_Guidance_-_FINAL__1_.pdf
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