Councils in Guildford and Waverley have mounted a defence of their Public Space Protection Orders (PSPOs) following complaints from campaigners who argue the measures amount to a 'swearing ban' in town centres. The orders, introduced to tackle anti-social behaviour, grant local authorities powers to issue penalties for a range of activities, including what is described as 'abusive language'.
Campaigners have voiced concerns that the broad wording of the PSPOs could lead to disproportionate enforcement and potentially infringe on freedom of expression. They contend that while tackling genuine anti-social behaviour is important, the inclusion of 'abusive language' without clear definition could criminalise everyday interactions or minor outbursts, rather than targeted, persistent issues.
Public Space Protection Orders were introduced in England and Wales under the Anti-social Behaviour, Crime and Policing Act 2014. They allow councils to impose restrictions on specific activities in designated public areas if those activities are deemed to have a detrimental effect on the quality of life of those in the locality. Breaching a PSPO can result in a Fixed Penalty Notice of up to £100, or a fine of up to £1,000 if the case goes to court and a conviction is secured.
Local authorities, including Guildford and Waverley, argue that PSPOs are a vital tool in maintaining public order and ensuring town centres remain pleasant and safe for all residents and visitors. They suggest the orders are not intended to target casual swearing but rather persistent and aggressive language that contributes to a hostile environment. The councils maintain that enforcement is carried out judiciously, focusing on genuine instances of anti-social conduct rather than isolated incidents.
The debate highlights a recurring tension between local authorities' desire to manage public spaces and civil liberties groups' concerns about potential overreach. Similar PSPOs across the country have drawn criticism for their scope, with some orders targeting activities ranging from busking to begging, prompting ongoing scrutiny of their implementation and effectiveness.
The Home Office guidance on PSPOs states that they should be used to address 'persistent, unreasonable anti-social behaviour' that has a 'detrimental effect on the quality of life of those in the locality'. Councils are expected to consult with the public and local police before implementing or renewing such orders, ensuring they are proportionate and necessary.
Source: Anti-social Behaviour, Crime and Policing Act 2014