Anti-social behaviour, Crime and Policing Act 2004
Public Spaces Protection Order
Consultation
The Draft Order below is currently out for consultation. To share your views, please take part in the survey before 5pm on 1 January 2025.
Erewash Borough Council: Vehicle nuisance
This order shall come into operation on [insert date] and shall be in effect for the period of three years thereafter, unless extended by further orders under Erewash Borough Council’s (‘the Council’s) statutory powers.
The restricted area
This Order relates to all land:
- Within the map in Schedule 1 of this Order as shown edged red in bold and;
- To which the public are entitled to or permitted to have access (with or without payment).
The activity
The council is satisfied on reasonable grounds that a number of activities have been carried out or are likely to be carried out in the public space, namely the Restricted Area (as shown at Schedule 1), that have had or likely to have had a detrimental effect on the quality of life of those in the locality. The effect or likely effect of these activities is of a persistent or continuing nature, such as to make these activities unreasonable and justifies the restriction imposed by this Order.
Prohibited activities
In exercise of its powers under Sections 59 and 64 of the Act, and subject to the Exceptions (as shown in the paragraph below), any person is prohibited from taking part in any of the following activities, or allowing a vehicle registered to them to take part in any of the following activities:
- Being a spectator of, or participating in a car cruising event / car meet (as defined in Schedule 2 of this Order);
- Performing stunts using a motor vehicle (including but not limited to performing doughnuts, drifting, skidding, handbrake turns and wheel spinning);
- Causing a danger or risk of injury to road users (including pedestrians) by speeding or racing in a motor vehicle;
- Causing an obstruction on a public highway, whether moving or stationary, including but not limited to driving in convoy in a motor vehicle;
- Causing or allowing a loud noise to be emitted from a motor vehicle or from a portable device (including but not limited to loud amplified music or motor vehicle horns (other than in accordance with the Highway Code)) so as to cause a nuisance to persons in the locality of the Restricted Area;
- Promoting, publicising or organising any car meet or car cruising event to occur within the Restricted Area by any means including but not limited to the internet, social media, email, hoardings, publications or adverts;
- Revving of motor vehicle engines so as to cause a nuisance to persons in the locality of the Restricted Area.
Exception
An activity or behaviour which is authorised by the owner of that part of the Restricted Area where the activity or behaviour is taking place, is not in breach of this Order.
Failure to comply with this Order
Any person failing to comply with this Order will be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale pursuant to Section 67 of the Act. Alternatively a Fixed Penalty Notice may be issued by an Authorised Officer or Constable.
Appeals
If any interested person wishes to question 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, then they may apply to the High Court within 6 weeks of the date of this Order was made.
Executed as a Deed
By affixing the common seal of Erewash Borough Council
hereto in the presence of:-
Signed:
Date:
SCHEDULE 1 – Map of Restricted Area
Northern boundary – follows the borough boundary
Eastern boundary – follows the borough boundary
Southern boundary – starts at the intersection with the M1 and the borough boundary just north of Stanton Gate, the boundary follows Lows Lane over to the junction with Quarry Hill Road, up Quarry Hill Road until it meets the Nutbrook Canal then turns to follow the Canal.
Western boundary – follows the Nutbrook Canal until it meets the borough boundary.
SCHEDULE 2 – Definitions
Definitions for the purpose of this Order:
“The Act” means the Anti-Social Behaviour, Crime and Policing Act 2014.
“Car cruising” or “car meet” means two or more vehicles in the Restricted Area where any such vehicle or occupant of a vehicle performs any of the prohibited activities of this Order.
“Motor vehicle” means any mechanically propelled vehicle intended or adapted for use on roads.
“Doughnut” means driving a motor vehicle in a tight circle whist continuing to accelerate.
“Drifting” means driving a motor vehicle in such a manner as to cause the rear of the vehicle to slide.
“Hand brake turn” using the handbrake to bring the motor vehicle to an abrupt stop whilst turning the vehicle.
“Wheel spinning” means accelerating to allow the wheels to spin while the motor vehicle is stationary, producing noise and smoke; or accelerating at speed.
“Authorised officer” means a person authorised by the council in accordance with this Act.
“Interested person” means an individual who lives in the Restricted Area or who regularly works or visits the area.