Proposed PSPO
Manchester City Council Alcohol Consumption Public Spaces Protection Order 2025
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 the xx xx 2025 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 activity in the Restricted Area and identified in Article 1 of this Order:
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has had a detrimental effect on the quality of life of those in the locality, or it is likely that this activity will be carried on in the Restricted Area and that it will have such an effect; and
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that the effect, or likely effect, of this activity:
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is, or is likely to be, of a persistent or continuing nature;
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is, or is likely to be, such as to make those activities unreasonable; and
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justifies the prohibitions imposed by this Order
The Council is satisfied that the prohibitions and requirement imposed by this Order are reasonable to impose in order to prevent the detrimental effect of the activity 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
“Alcohol” has the same meaning as in section 191 of the Licensing Act 2003.
“Authorised person” means a person authorised in writing by the Council.
“Constable” includes Police Community Support Officer.
“Public place” means any place to which the public or any section of the public has access on payment or otherwise, as of right or by virtue of an express or implied permission.
“Restricted Area” means all public places, as defined by section 74(1) of the Act, within the boundary of Manchester City Council except for those within the areas covered by the Manchester City Council (City Centre) Public Space Protection Order 2020 as more particularly outlined in red on the map at the Appendix.
“The Council” means Manchester City Council.
Articles
Prohibitions
Article 1: Consumption of alcohol
The consumption of alcohol or anything an Authorised Person or Constable considers to be alcohol in breach of an Authorised persons or Constable's request to cease it’s consumption.
Article 2: Failure to surrender alcohol
Having an unsealed container of alcohol or anything an Authorised person or Constable believes to be alcohol in breach of a request from an Authorised Person or Constable to surrender it
Requirement
Article 3: Provision of information upon request
A person who an Authorised Person or Constable reasonably suspects has breached Articles 1 or 2 of this Order shall, upon request of that Authorised Person or Constable, provide their name, address and date of birth to that Authorised Person or Constable.
What happens if you don't comply with this order
Section 63 of the Anti-social Behaviour Crime and Policing Act 2014 provides that where a Constable or Authorised Person has reason to believe that a person has been consuming alcohol in breach of this Order or intends to consume alcohol in circumstances which would be a breach of this Order, the Constable or Authorised Person may require that person not to consume alcohol or anything which is reasonably believed to be alcohol and/or surrender anything believed to be alcohol or a container for alcohol.
A requirement is not valid if the Constable or Authorised Person, fails to show evidence of their authorisation. Section 62 of the Act (set out in legislation) contains a list of exceptions where the prohibition on consuming alcohol does not apply.
Failure to comply without having a reasonable excuse is an offence.
Criminal offence
Section 67 of the Anti-Social Behaviour Crime, and Policing Act 2014 says that it is a criminal offence for a person without reasonable excuse:
(a) to do anything that the person is prohibited from doing by a public spaces protection order, or
(b) to fail to comply with a requirement to which the person is subject under a public spaces protection order.
Penalty
A person who is guilty of an offence under this Order shall be liable to a £100.00 Fixed Penalty Notice, or upon summary conviction to a fine not exceeding level 3 (£1000) on the standard scale.