Further response from local Portswood police on use of Dispersal Order in Portswood and the PSPO (received 19/10/26)

(In the text below, PSPO is the Public Spaces Protection Order which controls street drinking, aggressive begging and drug taking in Portswood Broadway)

In addition to asking about longer term solutions to using a Disposal Order (which can only be used for a maximum of 48 hours), the follow up email also queried how the Police use the PSPO, store the information and whether the number, type and location of PSPO breaches is information that is available to the general public.

The response from the local Portswood police:

“Regarding the PSPO, officers can identify breaches and issue Fixed Penalty Notices where appropriate. However, the PSPO is owned by the Council and responsibility for administering the wider enforcement process, including pursuing unpaid notices and any subsequent court action, rests with the Council. As the Council is the lead authority for the PSPO, any further enquiries regarding its implementation, administration or long-term enforcement arrangements would be best directed to them.

There are also some practical challenges with enforcement. Whilst officers can record breaches, there is currently no dedicated system within our police records to centrally capture and monitor PSPO breaches. We have requested a recording solution that would allow breaches to be automatically uploaded and collated, but the earliest anticipated implementation date is March. As a result, we are currently unable to easily provide comprehensive data regarding the number, type and location of PSPO breaches across Portswood. In addition, there appears to have been a change to the penalty amount attached to the PSPO and we understand the FPN books originally provided by the Council may no longer reflect the current position, which requires clarification.

In terms of longer-term solutions, the PSPO is intended to be one of the primary tools available to address street drinking and associated anti-social behaviour. At present, however, we continue to make use of Section 35 dispersal powers where the legal threshold is met. These can only be authorised by an Inspector for up to 48 hours at a time and are therefore not a long-term solution. They do, however, provide immediate enforcement powers, including arrest where an individual returns to the area after being directed to leave.”