Draft PSPO for consultation
Manchester City Council (Wynnstay Grove) Public Spaces Protection Order 2023
The Anti-social Behaviour, Crime and Policing Act 2014
Manchester City Council in the exercise of its powers under section 59 of the Anti-social Behaviour, Crime and Policing Act 2014 (the Act) hereby makes the following Order.
This Order is made on [date] 2023 and shall have effect for a period of 3 years thereafter, unless discharged or extended under the Council’s statutory powers.
General provisions
The Council is satisfied on reasonable grounds that the activities in the Restricted Area and identified in Articles 1 to 7 of this Order:
have had a detrimental effect on the quality of life of those in the locality, or it is likely that those activities will be carried on in the Restricted Area and that they will have such an effect; and
that the effect, or likely effect, of those activities:
is, or is likely to be, of a persistent or continuing nature;
is, or is likely to be, such as to make those activities unreasonable; and
justifies the restrictions and prohibitions imposed by this Order
The Council is satisfied that the prohibitions and restrictions imposed by this Order are reasonable to impose in order to prevent the detrimental effect of the activities from continuing, occurring or recurring, or to reduce that detrimental effect or to reduce the risk of its continuance, occurrence or recurrence.
The Council has had particular regard to the rights and freedoms set out in Article 10 (right of freedom of expression) and Article 11 (right of freedom of assembly) of the European Convention on Human Rights and has concluded that any restrictions on such rights and freedoms imposed by this Order are lawful, necessary and proportionate.
This Order applies to all public places within the Restricted Area
This Order is available for inspection on the Council’s website.
Definitions
“Restricted Area” means all public places, as defined by section 74(1) of the Act;
on the whole of Wynnstay Grove and the whole of Wilmslow Road from its junction with Willow Bank (from the southern boundary of 336 Wilmslow Road - "McDonalds" - and the southern boundary of 361 Wilmslow Road) to its junction with Sherwood Street (from the southern boundary of 304 Wilmslow Road - the 'Orange Grove' apartments) and Ladybarn Road (the southern boundary of 331 Wilmslow Road) as more particularly outlined in red on the map at the Appendix.
Prohibitions and requirements
No person shall in a public place in the Restricted Area:
- protest, namely engage in any act of approval / disapproval or attempted act of approval / disapproval, with respect to issues related to abortion services by any means. This includes but is not limited to graphic, verbal or written means, prayer or counselling. (Article 1)
- interfere, or attempt to interfere, whether verbally or physically, with a staff member or service user of the Centre. (Article 2)
- intimidate or harass, or attempt to intimidate or harass, a staff member or service user of the Centre. (Article 3)
- record or photograph a staff member or service user of the Centre without the explicit consent of that person. (Article 4)
- display any text or images relating directly or indirectly to the termination of pregnancy. (Article 5)
- distribute any text or images relating directly or indirectly to the termination of pregnancy. (Article 6)
- play amplified music, voice or audio recordings with respect to the approval or disapproval of abortion services. (Article 7)
Requirements
These requirements apply to the whole of the Restricted Area.
- A person in a public place in the Restricted Area who an Authorised Person or Constable reasonably suspects of breaching any of the prohibitions or requirements in this Order shall, upon request of that Authorised Person, provide their name, address and date of birth to that Authorised Person. (Article 8)
- A requirement under this Article is not valid if the Authorised Person is asked by the person subject to the requirement to show evidence of their authorisation and they fail to do so.
- A person in a public place in the Restricted Area who an Authorised Person or Constable reasonably suspects of breaching any of the prohibitions or requirements in this Order shall, upon valid request of an Authorised Person or Constable, leave the Restricted Area within a reasonable time as specified in writing by that Authorised Person and not return within 24 hours. (Article 9)
- A requirement under this Article is not valid if the Authorised Person is asked by the person subject to the requirement to show evidence of their authorisation and they fail to do so.