Public Space Protection Orders - Alcohol

Milton Keynes Council banner advertising alcohol public space protection orderAlcohol Public Space Protection Order (PSPO) - please find further information below from Milton Keynes Council regarding questions and comments they have received in response to the Public Consultation on the Alcohol Public Space Protection Order (PSPO):  .  

Milton Keynes Council would like to reiterate that this is not a ban on drinking alcohol in those areas with a PSPO, which is a common misconception. The Alcohol PSPO order does NOT prevent individuals consuming and/or carrying an alcoholic beverage providing they do so without causing a nuisance or annoyance to members of the public.

Milton Keynes Council are responsible for the administration of the Fixed Penalty Notices (FPN’s) and any subsequent prosecutions, so they will be monitoring the issuing of them by the agencies. This is reviewed at all stages and a recipient does have the right to appeal, should they feel that the FPN was issued disproportionally. They are currently reviewing support pathways too, with their colleagues in Public Health. They are also developing a process with colleagues and agencies to address alcohol related anti-social behaviour in under 18’s, so that they are also offered support as part of a tiered approach.

An individual who fails to comply with the requirement of the police officer/Authorised Officer, without reasonable excuse, will be committing an offence and offenders may be liable to a fixed penalty notice (FPN) or prosecution resulting in a maximum fine of £500.

FPN’s will only be issued as a last resort to those individuals who do not comply with a Police Constable’s or Authorised Officer (which can be an MKC Officer, PCSO or Parks Trust Officer) request to:

•             require a person to not consume alcohol or anything which they reasonably believe to be alcohol 
•             require a person surrender anything in their possession which is, or which they reasonably believe to be, alcohol or a container for alcohol

This should only happen when anti-social behaviour is occurring and is alcohol-related. For example; An individual or group is being intimidating or abusive towards other members of the public whilst drinking in a local park.

To comply with the legislation, MKC must supply evidence so that they can show that the Order is required to tackle the Anti-social behaviour (ASB) related to alcohol in those areas.  Evidence to support this can be difficult to obtain due to the COVID-19 lockdowns and restrictions. MKC may not get a true picture of alcohol related anti-social behaviour this year in Milton Keynes..  

To go to the Public Consultation on the Alcohol Public Space Protection Order (PSPO) please click on the following link:  

https://www.milton-keynes.gov.uk/consultations/641

A list of Q&As and further information can also be found on the consultation page.  

If you require any additional information, please contact the Community Safety Team on pspo@milton-keynes.gov.uk.