Draft amendments to PSPO
We are consulting on the Public Spaces Protection Order (PSPO) for the restricted area outlined in orange in Braintree Town Centre. This order has been in place since October 2024 and is reviewed every 12 months to ensure it remains effective and benefits the community.
The PSPO gives legal powers to the Council and Essex Police to tackle anti-social behaviour, including:
- Consuming alcohol in a way that causes or is likely to cause harassment, alarm, distress, nuisance, or annoyance.
- Aggressive begging.
- Threatening, disorderly, abusive, or unacceptable behaviour.
Breaching a PSPO restriction is a criminal offence and may result in prosecution. Police or authorised officers can require individuals to stop the behaviour and issue a Fixed Penalty Notice (FPN) if they fail to comply.
The PSPO supports Braintree District Council and Essex Police in maintaining community safety, public order, and quality of life for residents, businesses, and visitors. Any amendments agreed will remain in place for two years.
The following amendments are proposed:
Alcohol Consumption
Any person who, without reasonable excuse, continues consuming alcohol in a public place after being asked to stop by a constable or authorised officer commits an offence.
Surrendering Alcohol
Any person who, without reasonable excuse, fails to surrender alcohol (open or closed containers) when requested by a constable or authorised officer commits an offence.
Fixed Penalty Notices
A constable or authorised officer may issue an FPN under section 68 of the Anti-social Behaviour, Crime and Policing Act 2014 to anyone believed to have committed an offence under section 63 of the Act.
Tent Encampments (New)
No tent or similar structure may be erected within the restricted area without prior authorisation from the Council. If instructed to do so by an authorised officer a person shall clear away any tent or other temporary structure and/or associated paraphernalia immediately.
There will be no change to the previous PSPO restrictions which will remain in force and are detailed below -
Aggressive begging
- No person may aggressively beg for food, money, or other items. This includes:
- begging in a manner that causes or is likely to cause, harassment, alarm, or distress.
- begging with an intent to intimidate which may include repeated requests.
- approaching or following a person whilst making a request.
- continuing to make requests when a negative response has been given.
- begging with use of false or misleading information.
- involving activities that are unsafe or dangerous to any person or property.
- attempting to provide or deliver unrequested or unsolicited services or products with a demand or pressure for money.
Threatening, abusive, aggressive, unacceptable behaviour
- No person may use language or behave in a manner that causes or is likely to cause harassment, alarm, and distress. This includes:
- Using foul or offensive language at a level that is likely to cause offence to others.
- Use of derogative comments or gestures to another person.
- Making any gestures or language to others that could be deemed as a threat of violence.
- Carrying out any sexual acts in public view.
- Exposing (flashing) intimate body parts in public view.
- Urinating and/or defecating anywhere within the restricted area (other than within a Public Convenience), that is in the open air and/or within public view.
- The use of and or the administering of controlled drugs or psychoactive substances.
Controlled drug has the meaning defined within the Misuse of Drugs Act 1971 and psychoactive substance is a substance defined within the Psychoactive Substances Act 2016.
We encourage residents of the district and local businesses to state whether they agree or disagree with the proposals, to offer any further comments or suggestions, and share experiences of this type of anti-social behaviour in the Braintree District. Your feedback will be analysed and shared with the cabinet member for stronger communities who has delegated authority as to the implementation of the Public Spaces Protection Order (PSPO).
Braintree District Council are holding a 28-day public consultation, which allows you to share your own experiences of anti-social behaviour in Braintree Town Centre and your thoughts on the amendments. The consultation process will end at midnight on 16 December 2025.
