Vehicular nuisance PSPO

Public Spaces Protection Order Number (1) of 2023 (the “order”) Leeds Metropolitan District.

This Order may be cited as Leeds City Council, Public Spaces Protection (Vehicular Nuisance etc.) Order Number 1.

Leeds City Council exercises its powers under Section 59 and 72 of the Anti-social Behaviour, Crime and Policing Act 2014 (“the Act”) and under all other enabling powers, hereby makes the following order:

1. The order shall come into operation on 1 April 2023 and shall have an effect for 3 years thereafter, unless extended by further order under the council's statutory powers.
2. This order relates to the whole of the Leeds Metropolitan District as shown on the attached plan ("the restricted area").
3. 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/or criminal activities have been carried out within the 'restricted area' due to nuisance associated with two or more vehicles collecting together. These activities have had a detrimental effect on the quality of life of those in the locality, and it is likely that the activities will be carried out within that area and have such an effect.
4. The council is also 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 all the circumstances expedient to make this order for the purpose of reducing crime and/or antisocial behaviour in a public place.

Prohibitions


5. Any person is prohibited from:

a) Engaging in, promoting, encouraging or assisting in the carrying out of any anti-social behaviour connected to the use of a mechanically propelled vehicle including but not limited to a car cruising event* (see definition below) in or on a public highway, public car park and other land to which the public has access in the Leeds Metropolitan District area (the restricted area). The activities include but are not limited to:


• (i) Sounding horns or playing loud music
  
• (ii) Revving engines
  
• (iii) Causing danger to other road users (including pedestrians)
  
• (iv) Causing damage or risk of damage to property
  
• (v) Exceeding the permitted speed limit or racing
  
• (vi) performing stunts (including but not limited to performing doughnuts, skidding, handbrake turns, wheel spinning)
  
• (vii) Being verbally abusive, swearing or intimidating members of the public
  
• (viii) Causing obstruction of a public highway or publicly accessible place (whether by moving or stationary vehicles or otherwise)
  

b) Engaging in, promoting, encouraging, or assisting in the use of mechanically propelled vehicle which causes or is likely to cause danger to the public in or on a public highway, public car park or other land to which the public has access in the Leeds Metropolitan District area (the restricted area).

c) (i) Promoting, organising, or publicising the occurrence of Car Cruising* to take place in or on a public highway, public car park or other land to which the public has access in the Leeds Metropolitan District area (the restricted area) (including but not limited to the use of email, the internet, social media, or any publication or broadcast medium); or

(ii) attending any meeting in or on a public highway, public car park or other land to which the public has access in the Leeds Metropolitan District area (the restricted area) either as a mechanically propelled vehicle owner, driver, passenger or spectator where a reasonable person would consider that Car Cruising was taking place or was likely to take place.

Definition of Car Cruising Event

*Although most people attend these meetings in their cars, the definition of car cruising relates to any 'mechanically propelled vehicle, whether intended or adapted for use on a road'. Therefore, meetings using off road motorbikes or quadbikes are also included.

It is two or more mechanically propelled vehicles collecting on the public highway or a publicly accessible place and those people associated with the collecting vehicles acting in an anti-social way. It can be either planned or unplanned.

Anti-social behaviour includes:

• obstructing highways, residential or business properties
• dangerous driving or inconsideration driving
• excessive noise via engine, horn or amplified music
• littering
• verbal abuse, swearing or intimidation to members of the public

Fixed penalty notices and offences


6. It is an offence for a person without reasonable excuse to engage in any activity that is prohibited by this order.
7. In accordance with section 67 of the Act, a person found to be in breach of this order is liable to be issued with a Fixed Penalty Notice in the sum of £100 or conviction of a criminal offence punishable on summary conviction to a maximum penalty of a level 3 fine.

Appeals


8. In accordance with section 66 of the Act, any interested person who wishes to challenge the validity of this order may apply to the High Court within six weeks from the date upon which the order is made. Any such challenge must be on the grounds that (1) the council did not have the power to make the order or to include particular prohibitions or requirements; or (2) that in making the order the council failed to comply with a requirement under the Act .

Appendix

A map of the Leeds Metropolitan District, the boundaries of which are edged red.

Given under the Common Seal of Leeds City Council on the 6th day of April 2023.

The common seal of the council was hereunto affixed in the presence of:

Gregg Shevill, General Property Team Leader, Legal Services
Seal no: 105907