Subject: Public Space Protection Orders (PSPO) Permission to Renew, Extend and Adopt New

Date of meeting: Thursday, 17 September 2026

Report of: Cabinet Member for Children, Families and Youth Services

Lead Officer: Corporate Director for Families, Children and Wellbeing

Contact Officer: Nahida Shaikh

Email: Nahida.Shaikh@Brighton-hove.gov.uk

Ward(s) affected: (All Wards);

Key Decision: Yes

Reason(s) Key: Is significant in terms of its effects on communities living or working in an area comprising two or more electoral divisions (wards).

For general release

1. Purpose of the report and policy context

1.1 This report seeks cabinet approval to:

A. renew existing Public Space Protection Orders (PSPOs) that have expired/ are due to expire;

B. extend some existing PSPOs; and

C. introduce new PSPOs to address identified and emerging issues of anti‑social behavior and environmental harm in public spaces across Brighton & Hove.

1.2 The Council Plan sets out a mission for Brighton & Hove to be a city where people feel safe, included and welcome. PSPOs are one of the tools available to the Council to help deliver that mission by supporting safe, well-managed public spaces and addressing behaviours that negatively affect residents, businesses and visitors.

1.3 Under the Anti‑social Behaviour, Crime and Policing Act 2014 (The Act), PSPOs can be in place for a maximum period of three years. Where a local authority considers that the statutory tests continue to be met, an Order may be renewed following appropriate consultation.

1.4 The statutory tests under section 59 of the Anti-social Behaviour, Crime and Policing Act 2014 requires that:

· Activities have had, or are likely to have, a detrimental effect on the quality of life of those in the locality.

· The effect is, or is likely to be, persistent or continuing in nature.

· The effect is, or is likely to be, unreasonable.

· The restrictions imposed are justified and proportionate to the identified issues.

2. Recommendations

2.1 Cabinet approves the renewal of existing PSPOs that have expired / are due to expire as set out in Appendix 1;

2.2 Cabinet approves to extend some existing Public Space Protection Orders as set out in Appendix 2; and

2.3 Cabinet approves adoption of new Public Space Protection Orders, as set out in Appendix 3, to address anti-social behaviours and/or activities following the satisfaction of the statutory tests.

2.4 Cabinet notes that two of the proposed new PSPOs, relating to restrictions on professional dog walkers in Blakers Park, and the launching and landing of drones on council land, require further consideration in light of the issues identified during the consultation. Accordingly, these measures are not recommended at this time.

3. Context and background information

3.1 Public Spaces Protection Orders (PSPOs) allow local authorities to impose proportionate and targeted restrictions on activities in public spaces where those activities have had, or are likely to have, a detrimental effect on the quality of life of those in the locality. PSPOs may in some cases include highway restrictions to limit access to some areas which may be affected by crime and antisocial behaviour. The terms and criteria for delivering a PSPO relating to Gated Public Spaces are laid out in section 64 of the Anti-social Behaviour, Crime and Policing Act 2014.

3.2 Brighton & Hove City Council had twelve PSPOs in place (please refer to Appendix 1) addressing issues including, but not limited to, alcohol‑related anti‑social behaviour, dog control, and gated public spaces.

3.3 In addition, partners and Council services had identified emerging and changing patterns of behaviour which warranted consideration for the extension of four existing PSPOs (please refer to Appendix 2) or the adoption of six new PSPOs (please refer to Appendix 3), subject to consultation and satisfaction of the statutory tests.

3.4 In June 2026 meeting, the Cabinet approved the undertaking of statutory consultation in relation to the proposed renewal of existing PSPOs; the potential extension of some existing PSPOs; and the potential introduction of new PSPOs to address anti-social behaviours and/or activities identified through evidence and partner intelligence.

3.5 Following Cabinet approval in June 2026, research, consultation and engagement has been completed and feedback from the consultation is set out in Appendices 4-5. A six-week public consultation was undertaken between 29 June and 7 August 2026 through the Your Voice Brighton & Hove portal, alongside a separate statutory consultation on the renewal of six existing gated public space PSPOs.

3.6 The graphs below provide headline indicators from the consultation process showing exceptionally strong public support that all the current PSPOs and four out of the six new PSPOs proposed should be renewed and/ or adopted. The consultation responses and partnership information indicate the level of concern, potential risks, continued detrimental impact on residents, and continued support to place prohibitions and restrictions as necessary and proportionate to achieve desired impact.

3.7 The consultation results demonstrated that there is no clear mandate for the proposed measures around Professional Dog Walking restriction in Blakers Park and the restriction on launching and landing of drones on Council land. More respondents opposed the proposals than supported them across every question asked. Further evidence, impact, and work is required, and these specific PSPOs are not being put forward for approval by Cabinet currently.

3.8 The use of a £100 Fixed Penalty Notice was broadly supported across the consultation as a fair and proportionate enforcement measure for all PSPOs.

3.9 A smaller group of respondents favoured a more targeted and welfare-led approach to enforcement of PSPOs. This included distinguishing between responsible and harmful behaviour, such as camping compared with fly-camping, or isolated noise compared with persistent nuisance; using designated spaces and environmental improvements to reduce impact; and focusing action on hotspots and repeat breaches. This feedback will inform operational implementation and officer decision-making.

3.10 It should be noted that the proposed PSPOs will not disadvantage residents, including those who have expressed concerns or opposed specific measures, such as dog exclusion provisions. The dog exclusion PSPOs do not prevent dog owners from accessing or using parks altogether; rather, they designate limited areas where dog-free access is prioritised. The vast majority of park space remains available for responsible dog walking, ensuring that residents can continue to enjoy these spaces while balancing the needs of different user groups.

3.11 The existing PSPO Gating Schemes continue to provide effective protection against crime, antisocial behaviour, and associated community harm. While incidents within the gated areas have reduced, significant crime levels remain in the surrounding neighbourhoods, suggesting that removal of the restrictions could lead to a reoccurrence of these issues. Consultation feedback strongly supports renewal of the six existing schemes, with evidence demonstrating that the statutory tests continue to be met and that the schemes provide ongoing benefits to residents.

3.12 Following Cabinet approval and provided no legal challenge is made within the six-week period after approval, the PSPOs relating to the Gating Schemes will be formally sealed, published and implemented.

4. Analysis and consideration of alternative options

4.1 Cabinet has the option of not agreeing to the recommendations. This would result in existing PSPOs expiring and the Council losing associated enforcement powers. This presents a risk that significant and enduring levels of crime, antisocial behaviour and community harm would return to the affected areas, seriously impacting on the residents, their safety and quality of life. The evidential basis does not support losing a proven valuable intervention for existing PSPOs and widening this into other identified areas. This option is not recommended.

4.2 Alternatively, Cabinet can agree to the recommended PSPOs, enabling the Council to meet its statutory duties, reduce the impacts and harm from antisocial behaviour and crimes, and improve people’s sense of safety and wellbeing. This is the recommended option.

5. Community engagement and consultation

5.1 An All-Member briefing took place on 7^th July 2026 with further information sent after the meeting.

5.2 A six-week public consultation was undertaken on the Your Voice Brighton & Hove platform (29^th June 2026 to 7^th August 2026). This generated rich information about community experience, perceptions of safety, and expectations of statutory services. The volume of responses received for each of the PSPO is listed in the table below and evidences the breadth of engagement and strength of feelings on certain subjects.

PSPO	Responses	Status
Dog exclusion	1442	Current
Drone use restriction in Brighton & Hove	132	New
Prohibition of Professional Dog Walking in Blakers Park	153	New
Prohibition of unauthorised overnight stays in camper vans and other vehicles	62	New
Dogs on leads	46	Current
Single-use disposable barbecues, fires, lanterns, and balloons	41	Current
Dog Fouling	33	Current
Prohibition of unauthorised overnight recreational camping in public spaces	96	New
Dogs on leads by direction	22	Current
Consumption of Alcohol	29	Current
Prohibition of unauthorised vehicles in open public spaces	16	New
Prohibition of unauthorised trading	14	New

5.3 The online consultation sought views on:

· whether the existing PSPOs remain necessary and proportionate;

· the impact of the current Orders;

· whether any amendments and/or extensions are required; and

· whether there is support for the introduction of any new PSPOs.

5.4 Current PSPOS relating to Gated Public Spaces have different consultation requirements. For the six locations with existing PSPO (Gating Schemes) listed in the table below, research, consultation and engagement included:

Current PSPO / Renewal of Gating Schemes

Brunswick Row PSPO

Farman Street PSPO

Nelson Row PSPO

Oxford Court PSPO

Pool Passage PSPO

St James's Court PSPO

· Site visits to meet residents and a pre-consultation engagement process to help evaluate the impact of the scheme and consider the need for any changes

· The proposal for renewal alongside a draft order was placed on the Council website, posted to each address in the affected area and attached to each of the affected gates for a 28-day period.

· The proposal for renewal and the draft orders were circulated to key statutory and other stakeholders including Sussex Police, the Police & Crime Commissioner, Ward councilors and the MP for the location, Community Cohesion, and Environmental Services in the council.

5.5 The consultation approach was proportionate, accessible and inclusive, and captured a broad range of views. Additional engagement activities were adopted as appropriate to each PSPO. All public inquiries were directed at the consultation.

6. Financial implications

6.1 No financial implications in delivering the recommendations of this report.

Name of finance officer consulted: David Ellis Date consulted 07 September 2026

7. Legal implications

7.1 The consultation responses have been carefully considered, and no matters have been identified that would undermine the Council's conclusion that the statutory conditions for making, renewing or extending the PSPOs are met.

Name of lawyer consulted: Simon Court Date consulted: 24 August 2026

8. Risk implications

8.1 Enforcement of PSPOs effectively and transparently is important to maintain communities’ confidence and trust in the tools and powers and will contribute to upholding the Council’s reputation as an anti-racist, fair and inclusive, welcoming place maker and leader.

9. Equalities implications

9.1 Due regard has been given to the equality duty in drawing up the recommendations including mitigation to reduce adverse impacts, if any. The recommendations and their implementation do not have significant equality implications. No equality or accessibility concerns were raised during the consultation, and alternative routes remain available where relevant. (please also see the Appendix 5).

10. Sustainability implications

10.1 No significant implications have been identified.

11. Health and Wellbeing Implications:

11.1 In seeking to address significant and ongoing antisocial behaviour, neighbourhood issues, and harms, this proposal supports the public health and wellbeing of residents by addressing an ongoing effect on their health, wellbeing, and safety.

Other Implications

12. Procurement implications

12.1 This activity does not involve any procurement and has no procurement implications.

13. Crime & disorder implications:

13.1 PSPOs are one of a range of tools available to the Council and its partners to address anti-social behaviour and support community safety and cohesion. They support crime reduction, better enable positive policing and offer protection to residents and businesses by addressing crime and antisocial behaviour which is having an impact on their quality of life.

14. Conclusion

14.1 The available information gathered through stakeholder engagement, and public consultation demonstrates that the anti-social behaviours identified within the proposed PSPO area have had, or are likely to have, a detrimental impact on the quality of life of those living in, working in or visiting affected areas. The proposed restrictions are considered reasonable, proportionate, and necessary to prevent the continuation of these behaviours, to protect the rights of the wider community, and to support the Council's wider objectives of maintaining safe, welcoming, and accessible public spaces.

14.2 The introduction, renewal and variation/ extension of the PSPO will provide the Council and partner agencies with an additional tool to address persistent issues. This will enable the Council to continue taking a lawful, transparent, proportionate, and evidence‑based approach to the prevention and reduction of antisocial behaviour, crime, and associated harm. Cabinet is therefore requested to approve the recommendations set out in this report.

Current PSPO	Recommendation
Single-use disposable barbecues, lanterns and balloons Public Spaces Protection Order	Renew PSPO
Consumption of alcohol Public Spaces Protection Order	Renew PSPO
Dog Fouling Public Spaces Protection Order	Renew PSPO
Dogs Exclusion Public Spaces Protection Order	Renew PSPO
Dogs on Leads (By Direction) Public Spaces Protection Order	Renew PSPO
Dogs on Leads Public Spaces Protection Order	Renew PSPO
Current PSPOs– Gated Public Schemes	Recommendation
Pool Passage Public Spaces Protection Order	Renew PSPO
St James's Court Public Spaces Protection Order	Renew PSPO
Oxford Court Public Spaces Protection Order	Renew PSPO
Farman Street Public Spaces Protection Order	Renew PSPO
Brunswick Row Public Spaces Protection Order	Renew PSPO
Nelson Row Public Spaces Protection Order	Renew PSPO

Current PSPOs -	Extension	Recommendation
Single-use disposable barbecues, lanterns and balloons PSPO	Add an additional prohibition of lighting an unauthorised fire	Extend PSPO
Dog Fouling PSPO	To remove the exception of BHCC agricultural land and extend the prohibition to these areas.	Extend PSPO
Dogs Exclusion PSPO	To extend to Blakers park fenced area and Preston Park Velodrome and cricket pitch	Extend PSPO
Dogs on Leads PSPO	To remove the exception of BHCC agricultural land and extend the prohibition to these areas	Extend PSPO

Potential New PSPO	Recommendation
Prohibition of Unauthorised Overnight Recreational Camping in Public Spaces	Adopt PSPO
Prohibition of Unauthorised Overnight Recreational Stay in Campers or Vehicles adapted to be Lived In.	Adopt PSPO
Prohibition of the Entry of Unauthorised Vehicles in Open Public Spaces	Adopt PSPO
Prohibition of Unauthorised Trading	Adopt PSPO
Prohibition of Unauthorised Drones – Launching from and Landing on the Council Land	Not Recommended for Adoption – Further Work Required
Prohibition of Professional Dog Walking in Blakers Park	Not Recommended for Adoption – Further Work Required

Supporting Documentation

1. Appendices

1. Recommendations on Renewal of Current PSPOs

2. Recommendations on Extension of Current PSPOs

3. Recommendations on Adoption of Current PSPOs

4. PSPOs Consultation Responses Report

5. PSPOs Gated Public Spaces Schemes Consultation Responses