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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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Can a Town council get a Public Space Protection Order against

Resolved Question:

Can a Town council get a Public Space Protection Order against an individual who is regularly being sick in the town centre
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
-Could you explain your situation a little more?
Customer: replied 1 year ago.
An individaal is regularly sick in the town centre , council staff have to clean up , residents and visitors are put off using a public space (waterfront and park area )
Expert:  Jo C. replied 1 year ago.
To be wholly honest, you may struggle.
If this person is sick through drunkeness then an ASBO might be a better option.
You will find the criteria here
http://www.legislation.gov.uk/ukpga/2014/12/part/4/chapter/2/crossheading/public-spaces-protection-orders/enacted
I don't think you would struggle too much really with most of the conditions. Whether it would really have a 'detrimental effect upon ... quality of life' is always arguable. Clearly it is disgusting but whether it really meets this condition is another matter. You would probably get over that hurdle with an argument. I think your problem would be ground 6. I'm afraid I cannot imagine that a court is likely to want to prohibit any vomiting at all in this area by anybody. Some people may have a good sound medical reason.
If this person is behaving unacceptably then an ASBO is a better option.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69508
Experience: Over 5 years in practice
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