Decision Maker: Portfolio Holder for Community Safety and Regulatory Services
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Following a 6 week public consultation the
options for a potential PSPO were considered. The consultation is
now completed and the decision now needs to be made if a PSPO is to
be implemented or not.
The decision is to implement a Public Spaces Protection Order in the Ophir Road area, Bournemouth.
A map of the designated safe zone is shown below and identified as the area shaded within the red line:-
The Order will restrict the following behaviours within the safe zone area;
· Protesting, namely engaging in an act of approval/disapproval or attempted act of approval/disapproval, with respect to issues related to abortion services, by any means. This includes but is not limited to graphic, verbal or written means, prayer or counselling.
· Interfering, or attempting to interfere, whether verbally or physically, with a service user or member of staff of the BPAS clinic.
· Intimidating or harassing, or attempting to intimidate or harass, a service user or a member of staff, of the BPAS clinic.
· Recording or photographing a service user or member of staff of the BPAS Clinic.
· Displaying text or images relating directly or indirectly to the termination of pregnancy and or playing or using amplified music, voice or audio recordings.
· Holding vigils’ where members audibly pray, recite scripture, genuflect, sprinkle holy water on the ground or cross themselves if they perceive a service-users is passing by.
· Remaining in the Safe Zone, when asked to leave by a Police Officer or police community support officer or any other person designated by BCP Council or returning to the Safe Zone before 7pm on the day you have been asked to leave.
The PSPO will be enforceable Monday to Friday between 7am and 7pm.
The PSPO will be implemented on Thursday 13 October 2022, for a period of 3 years.
The evidence, external legal advice and outcome of the public consultation in regard to this matter has been tested against the relevant legislation including case law precedent. All enforcement options have been assessed and proportionality has been carefully considered in determining the recommended option.
The legislative test for the implementation of a PSPO has been met. Public consultation has now been concluded, which supports the implementation of a PSPO, and of the option being pursued. The restrictions within the PSPO are proportionate to the evidence and provide for effective enforcement, protection of clinic staff and service users and maintains a balance of access to the open space by the public.
A full equality impact assessment which considered human rights and the right to peaceful protest has been undertaken.
Publication date: 11/10/2022
Date of decision: 11/10/2022