Scarborough proposed street trading and PSPO

What is and what is not allowed? The folks in here will sort it out.
Case Law seems to be the evil wicked witch of the west at the moment.
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Schiffer369
Posts: 4
Joined: Tue Jan 24, 2017 5:31 pm

Scarborough proposed street trading and PSPO

Post by Schiffer369 » Wed Jan 25, 2017 11:22 am

Hi All,

Please help...info needed...A few of us pedlars have been trading in Scarborough town centre for over a year and a bit.....and now the council is proposing a new street trading policy and PSPO ...the street trading policy isnt really a problem for us because it does state in it that Pedlars are exempt.....however very worried about the new PSPO and the council using that as an excuse to fine us and stop us from trading legally as Pedlars...
https://www.scarborough.gov.uk/sites/de ... Policy.pdf

public Space Protection Order Consultation
We and our partners want to continue to develop safe and healthy communities; communities where everyone feels secure, free from the fear of crime and antisocial behaviour, and the effects of drugs and alcohol misuse.
A number of complaints have been received from the local community, businesses, and visitors about the anti-social behaviour within the town. We propose to introduce a Public Space Protection Order to deal with the ongoing concerns raised.
What is a Public Space Protection Order?
The Anti-Social Behaviour, Crime and Policing Act 2014 came into force on the 20th October 2014, and changed the powers available to local authorities and the police to deal with anti-social behaviour (ASB) in our communities.
The Act introduces a new power, a PSPO, which is granted by the Local Authority but which can be enforced by either the local authority or the Police. This new power replaces Designated Public Place Orders, Gating Orders and Dog Control Orders and brings the powers together as one power. The PSPO can be used to address a number of different types of behaviour in one order and so can deal with anti-social behaviour in a clearer, more effective and streamlined way than previously.
The PSPO is intended to protect a public space from persistent or continuing anti-social behaviour by individuals or groups which are having a detrimental effect on the quality of life in the designated area. Orders last for a period of up to three years, with provision for extensions for further three year periods.
If the provisions of a PSPO are not adhered to then it is open to those authorised to enforce the order to consider whether to prosecute for a breach, or whether to issue a Fixed Penalty Notice (FPN). The Act allows for Local Authorities to set a local level for FPNs to a maximum of £100.There is also provision for a lower amount to be set for payment within 14 days and it is proposed this is set at £75.

markd
Posts: 136
Joined: Wed Jul 11, 2012 8:50 pm

Re: Scarborough proposed street trading and PSPO

Post by markd » Sun Jan 29, 2017 4:13 pm

Carrying out the trade of a pedlar with a valid pedlars certificate gives you lawful excuse to be in an area, I think that it would be virtually impossible for a council to use this law to prevent you from carrying out a lawful trade.

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