Reopened - Proposed Declaration of Two Public Space Protection Orders in Birmingham City Centre to Control Excessive Noise

Overview

Following the analysis of the consultation, the equalities monitoring data was incomplete and therefore it is decided to reopen the consultation for a period of 5 weeks. The data from this extended consultation will be added to the data already received.  

Over the past 6 months, the Council has seen an increase in the number of  complaints received from residents concerning noise levels on the street.  Between June and November 2021, a total of 79 complaints of excessive noise were received. These complaints focus around the New Street and High Street and New Street and Temple Street areas which are home to many residents.  These complaints can be split down into 17 complaints for  New Street and High Street  area and 62 complaints relating to the Temple Street and New Street area.

The source of the complaints relates to street-based activities which involve: Amplified music; amplified speaking; Amplified musical instruments; and use of musical instruments that produce loud noise in the street.

The Council have attempted to work with people who use amplification and musical instruments in the street to reduce noise levels to a reasonable level and have had to take formal enforcement action against some individuals. Despite these interventions, the noise levels are such that they cause a nuisance as well as harassment and distress to residents.

The Council are proposing to declare two Public Space Protection Orders (PSPOs) covering the two highlighted areas on the maps below. This aims to restrict the antisocial behaviour of using amplification equipment and musical instruments in these residential areas from causing harassment, alarm or distress.

Due to noise travelling further at night there are two areas highlighted: a small area immediately outside the residential properties where amplification and instruments cannot be used at anytime and a larger area between 8pm and 8am extending these restrictions to a wider area.

The 2 proposed areas are set out in the maps below

What is a Public Space Protection Order?

Public Space Protection Orders (PSPOs) were introduced under the Anti-Social Behaviour Crime and Policing Act 2014. This power gives the local authority the ability to be able to impose conditions on the use of a particular geographical area to tackle anti-social behaviour that affects the quality of life of those who live or work in the locality.  Antisocial Behaviour is defined is any activity that causes harassment, alarm or distress.

What happens if someone doesn’t comply with requirements of a PSPO?

It is a criminal act to breach the requirements of a PSPO.  This may result in a Fixed Penalty Notice (FPN) being issued by a police officer or council officer.  If the FPN is not paid, the offence may be reported to the magistrate’s court and a person can be fined up to £1,000.

A breach occurs when a person without reasonable excuse:

• does anything that they are prohibited from doing by a PSPO
• fails to comply with a requirement of a PSPO

It is the intention that the proposed PSPOs will be in place for a period of 3 years.

We are now at the consultation phase for these Orders, which will conclude on 15th May 2022.  A copy of the proposed prohibitions along with maps of the geographical areas that the Orders will apply to are provided below.

As part of the process, we would like to give you the opportunity to comment on the proposals.  These will be reviewed before a decision is taken as to whether the proposed PSPOs should be declared.

For further information, please visit:

https://www.legislation.gov.uk/ukpga/2014/12/part/4/chapter/2

Or contact: EHcitycentre@birmingham.gov.uk