Alcohol-related Anti-Social Behaviour Public Spaces Protection Order (PSPO)

Royal Borough of Kensington and Chelsea Alcohol related Anti-Social Behaviour Public Spaces Protection Order 2025

The Council of the Royal Borough of Kensington and Chelsea, in exercise of its powers under sections 59, 63 and 72 of the Anti-Social Behaviour, Crime and Policing Act 2014 ("the Act”) and all other enabling powers, hereby makes the following order:

1. This order comes in to force on 6 August 2025 and ends on 6 August 2028 unless extended under Section 60 of the Act.

2. This Order applies to the public spaces described in the Schedules to this Order ("the restricted areas”).

3. The Council ls satisfied that the two conditions below have been met, in that:

i. activities carried on in the restricted area as described below have had a detrimental effect on the quality of life of those in the locality, or it is likely that these activities will be carried on in the public place and they will have such an effect;

ii. the effect, or likely effect, of the activities is, or is likely to be, of a persistent or continuing nature, is, or is likely to be, such as to make the activities unreasonable, and justifies the restrictions imposed by the Order.

4. The effect of the Order is to impose the following prohibitions and/or requirements in the restricted areas at all times:

Alcohol

Persons in the restricted area detailed in Schedule 1 of this Order will, on the request of a Police Officer, Police Community Support Officer or authorised person from the Council cease drinking alcohol and will dispose of or surrender any alcohol in their possession when asked to do so, unless subject to exemptions listed in Schedule 2.

5. Penalty

Any person who without reasonable excuse continues consuming alcohol in the restricted area when asked to stop by a Police Officer, Police Community Support Officer or authorised person from the Council, or fails to surrender any alcohol in his possession when asked to do so by a Police Officer, Police Community Support Officer or authorised person from the Council shall be liable on summary conviction to a fine not exceeding level 3 (currently £1,000) on the standard scale.

6. Fixed Penalty

A constable or authorised person from the Council may issue a fixed penalty notice to anyone he or she believes has committed an offence. A person committing an offence will have 14 days to pay the fixed penalty of £100, failing which they may be prosecuted.

7. Appeals

Any challenge to this Order must be made at the High Court by an interested person within 6 weeks of it being made. An interested person is someone who lives in, regularly works in or visits the restricted area. This means that only those who are directly affected by the restrictions have the right to challenge. The right to challenge also exists where an order is varied by the Council.

Interested persons can challenge the validity of the Order on two grounds: that the Council did not have the power to make the Order or to include particular prohibitions or requirements; or that one of the requirements of the legislation, for instance consultation, has not been complied with.

When an application is made, the High Court can decide to suspend the operation of the Order pending the Court's decision, part or in whole. The High Court can uphold, quash or vary the Order.  

SCHEDULE 1 Restricted Areas

 

SCHEDULE 2 Exemptions

Nothing in this Schedule shall apply to -

a) Premises authorised by a premises licence to be used for the supply of alcohol.

b) Premises authorised by a club premises certificate to be used by the club for the supply of alcohol. c) A place within the curtilage of premises within paragraph a) or b);

d) Premises which by virtue of Part 5 of the Licensing Act 2003 may at the relevant time be used for the supply of alcohol or which, by virtue of that Part, could have been so used within 30 minutes before that time.

e) A place where facilities or activities relating to the sale or consumption of alcohol are at the relevant time permitted by virtue of a permission granted under section 115 of the Highways Act 1980 and Part 1 of the Business and Planning Act 2020 (highway related issues);

f) Council-operated licensed premises or land when the premises or land are being used for the supply of alcohol, or within 30 minutes of the end of the period during which the premises have been used for the supply of alcohol.