Public Space Protection Orders

Taunton Deane Borough Council has introduced new orders to tackle alcohol and legal high abuse using powers under the Anti-Social Behaviour, Crime and Policing Act, 2014.

These new orders replace previous Designated Public Places Orders in both Taunton and Wellington towns and extend the geographic areas covered.

Police and authorised officers of the Council have the power to take possession of alcohol and/or legal highs from any person within the areas covered.

Prohibitions:

  1. Person(s) within the Exclusion Zone will not: ingest, inhale, inject, smoke or otherwise use intoxicating substances.
  2. 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.
  3. Exemptions shall apply in cases where the substances are used for a valid and demonstrable medicinal use, given to an animal as a medicinal remedy, are cigarettes (tobacco) or vaporisers or are food stuffs regulated by food safety legislation.
  4. Persons who breach this prohibition shall surrender intoxicating substances in his/her possession to an authorised person.  In the event that a person fails to surrender such items, an authorised person shall have the power of seizure.

Fixed Penalty Notices and Offences:

  1. It is an offence for a person without reasonable excuse to engage in any activity that is prohibited by this Order.
  2. In accordance with section 63 of the Act, a person found to be in breach of this Order by consuming alcohol or by refusing to surrender alcohol to an authorised person is liable on summary conviction to a maximum penalty of a Level 2 fine or to a Fixed Penalty Notice up to £100.
  3. In accordance with section 67 of the Act, a person found to be in breach of this Order other than by consuming alcohol or by refusing to surrender alcohol to an authorised person is liable on summary conviction to a maximum penalty of a Level 3 fine or to a Fixed Penalty Notice up to £100.

The map of Taunton and the map of Wellington show the areas covered by the orders.

The full wording of the orders is available from democraticservices@tauntondeane.gov.uk