New Protection Order references cycling
Just a quick thing...
I have chosen not to use adverts, pop-ups, mailing lists, or mandatory subscriptions, but it means there is an ongoing cost for me in researching and writing content, and generally advocating for active travel - time spent not working! If you can throw a few pounds my way to help out, your support is gratefully received! Thank you!
The local Borough Council is proposing a new Public Space Protection Order (PSPO) to cover Nuneaton and Bedworth town centres and surrounding areas as one method of tackling antisocial behaviour and improving the perceived safety in the borough. The PSPO will mention cycling – but as far as these things go, it seems reasonable.
Unlike other places around the country that have been known to implement straight bans on cycling in town centres, the wording proposed for Nuneaton’s order only impacts those who may ride in a “malicious and/or dangerous manner as to cause harassment, alarm or distress to any person within the area,” where in this case an authorised person can request a rider to dismount. This also applies to people riding skateboards or scooters.
In other words, those who are riding responsibly and courteously, in a manner suitable and appropriate to the environment and putting pedestrians first (as should always be the case) should be able to continue to do so. This is important as the extent of the order covers not only pedestrianised areas but surrounding streets and parts of the National Cycle Network, where it would be obviously entirely unreasonable and unworkable to implement bans.
The new proposal, which will run for a three year period if it is approved, follows the suggestion made by a local police inspector in October 2023 that cycling in Nuneaton Town Centre should be banned. However, on checking for recorded incidents involving cycling in the pedestrianised area between January 2022 and September 2023, it was confirmed that there was no data to quantify an issue and thus support the proposition of an outright ban.
The proposed PSPO makes a fair distinction between legal and considerate use versus antisocial and/or dangerous riding. It will be important to ensure that so-called “authorised persons” are absolutely clear on this distinction to ensure that people are not wrongly targeted and unjustifiably told to dismount, with the potential for fines if that request isn’t followed. This is especially important for those who may use cycles as mobility aids, where dismounting may not be desirable or possible.
A consultation on the full PSPO (which is copied below) is open until 07 October 2024, to allow people to have their say. In this, I have sent the following comment with small suggestions for improvement:
I support the aims of this PSPO, and welcome the very specific references to the antisocial riding of cycles, skateboards, scooters etc. However, there are two small issues that should be resolved to ensure legitimate, considerate users are not unintentionally caught by the Order.
1. It must be made explicitly clear in the wording of the Order that considerate and responsible cycling remains permitted (excepting where excluded by existing traffic orders), and that those using cycles or e-cycles (i.e., EAPC compliant cycles, not electric motorcycles) will not be asked to dismount where their use construes a mobility aid for a disabled person. This must be clear to ensure no misunderstandings with any authorised persons wrongly asking legitimate users to dismount, and those users risking fines should they not comply.
2. In the wording “…malicious and/or dangerous manner as to cause harassment, alarm or distress to any person within the area,” there is a risk that the Order could be abused by, for example, one person in a town centre who holds a personal issue against cycling, who raises a complaint about a considerate rider who poses no risk, saying they are distressed and alarmed by their presence. The wording would be better read as “…malicious and/or dangerous manner as to cause harassment, alarm or distress to a reasonable person.”
Nuneaton and Bedworth Borough Council in exercise of its powers under Section 59, of the Anti-social Behaviour, Crime and Policing Act 2014 (“the Act”) hereby makes the following Order:
Nuneaton and Bedworth Public Spaces Protection Order (PSPO) 2024
This Order shall come into operation on [TBC] and shall have effect until [TBC] for a period of three years.
This Order relates to the areas as shown edged red on the attached plan (the Restricted Area).
The Council is satisfied that the conditions set out in Section 59(2) of the Act have been met. Namely that anti-social behaviour and criminal activities have and are taking place within the Restricted Area through nuisance behaviour. These activities have a detrimental effect on the quality of life of those in the locality.
The Council is further satisfied that the conditions set out in Section 59(3) of the Act have been met. Namely, that the effect or likely effect of the activities is, or is likely to be, of a persistent or continuing nature and that these activities are unreasonable and justify the restrictions imposed by this Order and that it is in all the circumstances expedient to make this Order for the purpose of reducing crime and/or anti-social behaviour in a public place.
The effect of this Order is to impose the following conditions on the Restricted Area:
- An authorised person, where they reasonably suspect, may request that a group of three or more within the restricted area acting in such a manner as to cause harassment, alarm or distress to any person immediately disperse and not return to the restricted area within 48 hours.
- An authorised person may request a person to dismount if they are cycling, skateboarding, scootering or using similar devices within the restricted area where they reasonably suspect that the person is riding in a malicious and/or dangerous manner as to cause harassment, alarm or distress to any person within that area.
- A person is prohibited from wearing face coverings in an attempt to conceal their identity to cause harassment, alarm or distress to any person; this includes scarves, balaclavas, and masks. This would not include a face covering worn in respect of religious or cultural beliefs.
An Authorised Officer of the Authority means a Local Authority employee, a person designated by the Local Authority, a Police Officer or Police Community Support Officer who is authorised in writing by Nuneaton and Bedworth Borough Council for the purposes of giving directions under this Order.
Fixed penalty notices and offences
It is an offence for a person without reasonable excuse to engage in any activity that is prohibited by this Order.
In accordance with section 63 of the Act, a person found to be in breach of this Order by pursuing the act of begging, and/or approaching people for money, or being stationary and directly asking for money, or positioned on the floor to invite the offer of money or goods1, is liable to:
- Fixed Penalty Notice up to £100 (reduced to £60.00 if paid within 14 days)
This would discharge any liability to conviction for an offence under Section 67(1) of the Act, or on summary conviction to a maximum fine not exceeding level 3.
Appeals
In accordance with section 66 of the Act, any interested person who wishes to challenge the validity of this Order on the grounds that the Council did not have the power to make the Order or that a requirement under the Act has not been complied with may apply to the High Court within six weeks form the date upon which the Order is made.
- It appears this section in red has been copied without amendment from another public space protection order. It is duplicated here as it was published but wording would presumably change for a confirmed order. ↩︎
Have you found this content interesting or useful? If so, and if you are able to, any contributions are greatly appreciated! Thank you! Oh, and do please share with others!
