Public Space Protection Orders

Erewash Borough Council: Vehicle Nuisance

A consultation was held on this draft PSPO in early 2025. This page will be updated when further information is available. 

This order shall come into operation on [date to be confirmed] 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.

SCHEDULE 1 – Map of Restricted Area

Alcohol Consumption in a Public Place

Areas covered: 

• Ilkeston Town Centre (including Rutland Sports Park and Gordon Street Playing Field)
• Long Eaton Town Centre (including West Park, Dockholme Lock and Petersham Green)

Order made: 29 November 2023

Order expires: 28 November 2026

Team responsible: Community Safety

The Order

Erewash Borough Council (“the Council”) exercises its powers under Section 59, 64 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:

This Order shall come into force on 29 November 2023 and shall have an effect for 3 years thereafter, unless extended by further order under the Council’s statutory powers.

This Order relates to the land described in the Schedule and as shown edged [red] on the attached plans (“the Restricted Area”).

The Council is satisfied that the conditions set out in Sections 59, 64 and 72 of the Act have been fulfilled and that it is in all the circumstances expedient to make this Order for the purpose of reducing anti-social behaviour in the Restricted Area. The Council makes the Order because anti-social behaviour in the Restricted Area has had a detrimental effect on the quality of life of those in the locality. The effect or likely effect of this is, or is likely to be, of a persistent or continuing nature as to make this unreasonable, and justifies the restrictions imposed by this Order.

If 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 in relation this Order, may apply to the High Court within six weeks from the date upon which this Order is made.

Prohibitions

The activities which are to be prohibited are:

1. The consumption of alcohol within the Restricted Area in breach of an authorised person’s request to cease consumption; and
2. Having a sealed or unsealed container of alcohol or a container which is reasonably believed to contain alcohol within the Restricted Area in breach of an authorised person’s request to surrender the alcohol or container.

Exemptions

Nothing in Prohibition 1 shall apply to:

(a) Premises (other than council-operated licensed premises) authorised by a premises licence to be used for the supply of alcohol;

(b) Premises authorised by a club premises certificate to be used by the club for the supply of alcohol;

(c) A place within the curtilage of premises within paragraph (a) or (b) above;

(d) Premises which by virtue of Pt 5 of the Licensing Act 2003 may at the relevant time be used for the supply of alcohol or which, by virtue of that Part, could have been so used within 30 minutes before that time;

(e) A place where facilities or activities relating to the sale or consumption of alcohol are at the relevant time permitted by virtue of a permission granted under s115 of the Highways Act 1980 (highway-related uses);

(f) Council-operated licensed premises when the premises are being used for the supply of alcohol or within 30 minutes after the end of a period during which the premises have been used for the supply of alcohol.

Authorised Person

An authorised person could be a Police Constable, Police Community Support Officer or Council Officers and must present their authority upon request.

Offences

Any person who, without reasonable excuse, fails to comply with this Order commits an offence and shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Ilkeston Town Centre PSPO Map 

Long Eaton Town Centre PSPO Map

Download the Alcohol PSPO as a PDF

Area concerned: Brackley Gate

Behaviour concerned: The anti-social use of motor vehicles, motor cycles and fly-tipping   

Order made: 3 February 2024    

Order Expires: 2 February 2027   

Team responsible: Community Safety

Erewash Borough Council (in this Order called “the Council”) in exercise of its powers under Section 59, 64 and 72 of the Anti-Social Behaviour Crime and Policing Act 2014 (“the Act”) after undertaking a consultation as required by Section 72 of the Act hereby makes the following Order:

This Order comes into force on 3 February 2023 for a period of 3 years thereafter, unless extended by further Orders under the Council’s statutory powers.

The Council makes this Order because anti-social behaviour, namely the anti-social use of motor vehicles and motor cycles and fly-tipping, in areas accessed from the Restricted Area has had a detrimental effect on the quality of life of those in the locality. The effect or likely effect of this is, or is likely to be, of a persistent or continuing nature as to make this unreasonable, and justifies the restrictions imposed by this Order.

This Order relates to the land described in Schedule 1 hereto and as shown by a red line in the plans annexed to this Order (The Restricted Area) being a public place in the Borough of Erewash to which the Act applies.

By This Order

Except as provided in paragraph 7 any person travelling by motor vehicle or motor cycle, as defined under section 185 of the Road Traffic Act 1988, quad bike or mini moto, shall cease shall cease to have the right to use as public right of way at all times on each on each and every day any part of the highway in the restricted area.
This order authorises the installation, operation and maintenance of barriers for enforcing the restriction. Any person using the barriers to gain access to or from the restricted area shall ensure that the barriers are closed and locked immediately after use.
The responsibility for the maintenance of the barriers in the restricted area will lie with Erewash Borough Council, Town Hall, Ilkeston Derbyshire.
The alternative route for people affected by the prohibition under this order is shown in blue on the map.
The council is satisfied that the conditions set out in sections 59, 64 and 71 of the Act have been fulfilled and that it is, in all the circumstances, expedient to make this order for the purposes of reducing anti-social behaviour in the restricted area.
If any interested person desires to question the validity of this order on the grounds that the council had no power to make it or that any requirement of the Act has not been complied with in relation to this order, he or she may apply to the High Court within six weeks from the date on which the order is made.

Exemptions

Nothing in the order will apply to:

• A person who occupies any of the premises adjoining or adjacent to the restricted area;
• A person whose only means of access to a dwelling is via the restricted area;
• A person whose only or principal means of access to premises used for business or recreational purposes is via the restricted area to be allowed access during periods when the premises are normally used for those purposes.
• The Police, Fire and Ambulance Service acting in pursuance of their statutory powers or duties.
• The council undertaking a statutory duty under or in connection with maintenance work or other function of the council.
• Any statutory undertaker, provider of gas, electricity, water services or communications provider requiring access to their apparatus located in the restricted area.
• A person authorised by the council.
• Any permitted member of an organisation authorised by the council.

Penalty

Any person, who, without reasonable excuse, fails to comply with the requirements of this order commits an offence under the section 67 of the Act and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale. Alternatively, a constable or authorised person may issue a fixed penalty notice to anyone he or she has reason to believe has committed an offence under section 67.

Brackley Gate map showing alternative route:

Dog Fouling

Areas covered: Erewash

Order made: December 2023
Order expires: December 2026

Team responsible: Neighbourhood Warden Service 

Dogs Excluded

Location: All gated and fenced Children's play areas    

Behaviour concerned: Dogs excluded    

Starts: December 2023
Expires: December 2026

Team responsible: Neighbourhood Warden Service 

Dogs on a Lead

Location: All cemeteries 

Behaviour concerned: Dogs on a lead
Starts: December 2023
Expires: December 2026

Team responsible: Neighbourhood Warden Service 

Public Space Protection (Control of Dogs) Order

Erewash Borough Council (in this Order called “the Council”) in exercise of its powers under Section 59, 64 and 72 of the Anti-Social Behaviour Crime and Policing Act
2014 (“the Act”) after undertaking a consultation as required by Section 72 of the Act hereby makes the following Order:

The administrative area for Erewash Borough Council is protected by this Order (hereinafter called the “Designated Area”) as detailed in Schedule 1.

The Council is satisfied that activities have been carried out in the Designated Area that have had a detrimental effect on the quality of life of those in the locality. The Council is further satisfied that the effect of these activities is likely to be of a persistent and continuing nature and is of such as to make the activities unreasonable and the effect of the activities justifies the restrictions imposed.

This Order comes into force on 15 December 2023 for a period of 3 years thereafter, unless extended by further Orders under the Councils statutory powers.

If any interested person desires to question the validity of this Order on the grounds that the Council had no power to make it or that any requirement of the Act has not been complied with in relation to this Order, he or she may apply to the High Court within six weeks from the date on which this Order is made.

The following prohibitions are imposed on use of the Designated Area:

Fouling

If within the Designated Area, as detailed in Schedule 1, a dog defecates at any time on land to which the public or any section of the public has access, by payment or otherwise, as of right or by virtue of express or implied permission and a person who is in charge of the dog at the time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless:

• he has reasonable excuse for failing to do so;
  or
• the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

Leads

A person in charge of a dog shall be guilty of an offence if, at any time, on land detailed in Schedule 2 below he does not keep the dog on a lead unless:

• he has reasonable excuse for failing to do so;
  or
• the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

Dogs On Leads by Direction

A person in charge of a dog shall be guilty of an offence if they fail to suitably restrain the dog when directed to do so by an Authorised Officer on any land detailed in Schedule 1 below unless:

• he has reasonable excuse not to do so;
  or
• the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

Exclusion

A person in charge of a dog shall be guilty of an offence if, at any time, he takes the dog onto, or permits the dog to enter or to remain on, any land detailed in Schedule 3 below unless:

• he has reasonable excuse for failing to do so;
  or
• the owner, occupier or other person or authority having control of the land has consented (generally or specifically) to his failing to do so.

Exemptions

Nothing in this order shall apply to a person who:

• is registered as a blind person in a register compiled under section 29 of the National Assistance Act 1948; or
• is deaf, in respect of a dog trained by Hearing Dogs for Deaf People (registered charity number 293358) and upon which he relies for assistance; or
• has a disability which affects his mobility, manual dexterity, physical coordination or ability to lift, carry or otherwise move everyday objects, in respect of a dog trained by a prescribed charity and upon which he relies for assistance.

Definitions

For the purpose of this Order:

• A person who habitually has a dog in his possession shall be taken to be in charge of the dog at any time unless at that time some other person is in charge of the dog;
• Placing the faeces in a receptor on the land which is provided for the purpose, or for the disposal of waste, shall be sufficient removal from the land;
• Being unaware of the defecation (whether by reason of not being in the vicinity or otherwise), or not having a device for, or other suitable means of removing the faeces, shall not be a reasonable excuse for failing to remove the faeces.
  “an Authorised Officer of the Authority” means an employee, partnership agency or contractor of Erewash Borough
• Council who is authorised in writing by Erewash Borough Council for the purposes of giving directions under the Order.

Penalty

• Any person who, without reasonable excuse, fails to comply with the requirements of this Order commits an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

Schedule 1

This Order applies to all land in the administrative area for Erewash Borough Council that is open to the air and to which the public are entitled or permitted to have access (with or without payment). For the purposes of this Schedule, land, which is covered, is to be treated as land which is “open to the air” if it is open to the air on at least one side.

This Order applies: Borough Wide, Erewash.

Schedule 2

This Order applies to all land in the administrative area for Erewash Borough Council that is open to the air and to which the public are entitled or permitted to have access (with or without payment). For the purposes of this Schedule, land which is covered is to be treated as land which is “open to the air” if it is open to the air on at least one side.

This Order applies to all land described below:

Restricted Area

• Play Area, Bowling Green, Tennis Courts Duffield Road Little Eaton
• Play Area, Tennis Courts Brookside Road Breadsall
• Play Area Belper Road Stanley Common
• Play Area Park Avenue Stanley
• Play Area Beech Lane West Hallam
• MUGA Station Road West Hallam
• Play Area, Bowling Green Victoria Park Ilkeston
• Play Area Little Meadow Close Ilkeston
• Play Area, MUGA Summerfield Way South Shipley View
• Play Area Barling Drive Shipley View
• Play Area off Barling Drive Shipley View
• Play Area, MUGA off Denby Hall Lane Cotmanhay
• Play Area Granby Park Cotmanhay
• Play Area Gordon Street Ilkeston
• Play Area Cantaloupe Road Ilkeston
• Play Area Buller Street Ilkeston
• Play Area Gallows Inn Ilkeston
• Play Area Walker Street Ilkeston
• Play Area Oakapple Crescent Ilkeston
• Play Area Godfrey Drive Kirk Hallam
• Play Area Wyndale Drive Kirk Hallam
• Play Area Nuthall Circle Kirk Hallam
• Play Area Goodwood Crescent Kirk Hallam
• Play Area, MUGA Windsor Crescent Kirk Hallam
• Play Area First Avenue Risley
• Play Area Priorway Avenue Borrowash
• Play Area Weyacres Borrowash
• Play Area Hopwell Road Draycott
• Play Area, MUGA New Street Draycott
• MUGA Longmoor Lane Breaston
• MUGA Draycott Road Sawley
• MUGA Purdy Meadow Sawley
• Play Area Cobden Street Long Eaton
• Play Area Norfolk Road Long Eaton
• Station Road Long Eaton
• Splash Pad, West Park, Long Eaton
• Play Area Trent Meadows Long Eaton
• Play Area, MUGA Tennis courts, Skate park, Bowling Green, Splash pad West Park Long Eaton
• Play Area Hayworth Road Sandiacre
• Play Area St Giles, Stanton Road Sandiacre
• Play Area Sandringham Road Sandiacre
• MUGA, Play Park and Skate park Doncaster Avenue Sandiacre
• Noskwith Play Area, Ilkeston
• Wirksworth Road Play Park, Kirk Hallam
• Green Space adjacent to School, Circuit Drive, Long Eaton
• Play Area Inglefield, Ilkeston
• Ferndene Drive, Long Eaton
• Harrington Play area, Long Eaton
• Curzon Street, Long Eaton.