1. All the land in and around Leatherhead town centre which is open to the air and to which the public are entitled or permitted to have access (with or without payment) edged red coloured blue on the plan annexed below as Plan A being land in the area of the Council is land to which the Anti-Social Behaviour, Crime and Policing Act 2014 applies and will be protected by the making of this Order (the Restricted Area).
2. The Order may be cited as the Leatherhead Town Centre Alcohol Restriction Public Spaces Protection Order and will come into force on 20th October 2023 for duration of 3 years, until 19th October 2026.
3. The Council is satisfied that the conditions set out in Section 59(2) of the Act have been met. Namely that the activities set out below have been carried out within the Restricted Area and are having or are likely to have a detrimental effect on the quality of life of those in the locality or it is likely that these activities will be carried out within the Restricted Area and will 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.
Prohibitions on Alcohol
5. The effect of the Order is to impose the following conditions on the use of the Restricted Area:
5.1 In the Restricted Area a person commits an offence if without reasonable excuse he or she continues to carry out activities which are prohibited namely;
5.1.1 Continuing to drink, consume or otherwise ingest alcohol when asked to stop doing so by an authorised person
5.1.2 Failing to surrender any alcohol in his or her possession when asked to do so by an authorised person.
6. Provisions 5.1.1 and 5.1.2 of this Order do not apply to premises within the Restricted Area which have a premises licence or club premises certificate for the supply of alcohol. These provisions also do not apply to Council-operated licensed premises.
7. An authorised person includes a Police Constable, Police Community Support Officer, a Council Officer or any other person authorised by the Council. A Council Officer or any other person authorised by the Council must be able to present their authority on request.
Fixed Penalty Notices and Offences
8. In accordance with section 63 of the Act, a person found to be in breach of this Order by consuming or by refusing to surrender alcohol is guilty of an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.
9. In accordance with Section 68 of the Act, an authorised person may issue a Fixed Penalty Notice not exceeding £100 to anyone they have reason to believe has committed an offence under this Order.
Appeals
10. 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 any requirement of the Act has not been complied with they may apply to the High Court within six weeks from the date on which this Order is made.
