Proposed Public Space Protection Orders

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Proposed Public Space Protection Orders

This consultation was open from 13 November 2017 to Friday, 12 January (nine weeks). CLOSED

Consultation on six types of anti-social behaviour that could be tackled by a public space protection orders for certain areas of Rother

We work with Sussex Police to control anti-social behaviour, with the police taking the lead in serious cases.

We consulted you on whether to create a new public space protection order to control six identified anti-social behaviours in our district.  These controls are in addition to the public space protection order we already have for dog control.  (A previous consultation Bexhill and Dogs)

What Happened Next:

The results of the consultation went to the Cabinet meeting of 9 April 2018 where you can read the report.  Changes were made to the proposed orders in response to the public consultation. You can read the new versions in the minutes of the meeting. 

The decision was taken to take the changed orders to the next stage. The next stage is a consultation with East Sussex County Council and the Sussex Police and Crime Commissioner and Chief Officer of Police. 

Depending on any adverse comments from that consultation, the following stage will be to create a public space protection order for three years.


A public space protection order can make enforcement faster and easier because it means the police or an authorised council officer can issue a £100 fine, immediately, at the time they see the anti-social behaviour.  This is faster than taking people to court as gathering evidence is a lengthy process.  We can still go to court, if necessary, where the fine could be up to £1,000.  Other authorities have introduced public space protection orders and measured a reduction in the behaviour they are trying to stop. 

There are a number of authorised council officers operating in the Council from staff in environmental health, environmental enforcement, crime prevention and other staff who travel around the district checking on our services, land and buildings.  We will run joint training with the police, PCSOs and our authorised staff so that they all know and work to the same standards of giving warnings, when to apply and not to apply the orders.  Our authorised staff will be able to call on the police and PCSOs, with their additional powers, if necessary.

Before we go ahead with an order, the first step was gathering any evidence from you that you are or are not affected by these six forms of anti-social behaviour, either where you live or work in Rother.  (The orders can be based on certain locations or cover all of Rother.)  In addition, we ask if an order is going to make a difference with the problem. The first six identified behaviours were:

  • Begging where it become a nuisance, by shop doorways and by cash points
  • Sleeping or camping in vehicles on the highway overnight
  • Drinking alcohol in a public place after being told not to do so
  • Dangerous cycling, skateboarding and any other vehicle (mechanical or not) on pavements/footpaths (including Bexhill promenade)
  • Fly tipping by residents or businesses, particularly in or near litter bins
  • Unauthorised removal of fossils from public land (without permission from the council)

We focused on six particular behaviours.  But, there was an opportunity for you to raise other nuisance behaviour that you felt could be helped by having a public space protection order.  This gave us a start on further research and consultation when we review any order that is created. 

Please take part in this research using this online form:  CLOSED

Alternatively, you could have emailed consultations@rother.gov.uk or write to Public Space Protection Order Consultation, Rother District Council, Town Hall, Bexhill-on-Sea, TN39 3JX.  We sent copies of the list of six orders and our questions.

If you have any questions about public space protection orders, this consultation or how to consult with the Council on this subject please email consultations@rother.gov.uk .  We will put the answers to frequently asked questions on this website for everyone to read.

Frequently asked questions

Q:  Is this not already against the law?  Why are you banning it again if it is already against the law?

A:  Yes, these activities are against the law and there is existing legislation to stop it.  A public space protection order is not an additional ban; it gives us the right to issue an on the spot fine of £100.  Without the order we have to do evidence gathering, take people to court and it is a lengthy process.  The benefit of an order is the immediate action.

Q:  This should be taken to court and not in the power of the police and council officers to issue notices to pay.

A:  There is always the option to go to court on both sides. 

Q:  Illegal and dangerous parking is more important than these matters, why isn't there an order for that?

A:  Illegal and dangerous on-street parking would not be enforced by Rother District Council.  It is the responsibility of Sussex Police.  If it was decriminalised then it would be the responsibility of East Sussex County Council as the highways authority.  The Council already has been considering whether or not it should ask East Sussex County Council to take over the enforcement.  If it is then it would be enforced in a different way because it is on the highway and different rules apply.  We can put some types of parking into a public space protection order if it is not on the highway, for example parking on green verges.

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