A council has relaunched a controversial bid to hand out £100 fines to anyone caught swearing.
Thanet District Council tried to apply similar rules – known as a public space protection order (PSPO) – to the Kent seaside towns of Birchington, Margate, Ramsgate and Broadstairs last July.The authority had said that the restrictions were to stop “foul or abusive language” from ruining the peaceful atmosphere of the streets.But after the Free Speech Union (FSU) threatened legal action the scheme was scrapped a month later.
Now, council papers for a meeting due to take place today (July 15) have revealed that the authority hopes to revisit the controversial rules to crack down on anti-social behaviour.
In their reasoning for bringing the fines back, the report states that police officers found it a helpful tool, and that they have struggled without it.
The report says: “There is an ongoing issue of antisocial behaviour in the Margate, Broadstairs and Ramsgate areas.
“The causes of this are complex and the PSPO is recognised by all of those working with such behaviour, as being one of the effective tools for dealing with this.
“The Council sought to implement a PSPO in similar terms to the one that it is currently proposed in the summer of last year. This was however subject to the threat of legal challenge. As a result, a decision was made not to implement this PSPO.
“Since that time police report experiencing increased difficulties in managing some of the identified forms of anti-social behaviour.”
According to the document, the rule is that: “All persons are prohibited from using foul or abusive language in such a manner that is loud and can be heard by others and cause either alarm or distress to any other person in any public place.”
The penalty for breaking the PSPO, which will cover Margate, Ramsgate and Broadstairs entirely, is £100 to be paid within 28 days – but is reduced to £60 if paid within 14 days.
The order also bans anti-social groups, misuse of public space, urinating, defecating or spitting, legal psychoactive substances (such as nitrous oxide), humiliating others and consuming alcohol.
The report acknowledges a lot of criticism of the order, including the vague nature of the term “foul language” and fears of disruption to peaceful protests.
However, they say that exceptions will be made if people have a “reasonable excuse” for having broken the rules.
It states: “In response to these concerns, residents should be reassured that there are a number of protections within the order.
“The first is that there is a defence of ‘reasonable excuse’ so that if someone appeared to be in breach of one of the restrictions but had a reasonable excuse, then no further action would be taken.
“The second is that the Human Rights Act remains applicable and the rights afforded under Article 10 and 11, freedom of expression and assembly, remain relevant.”
Chief Inspector Ian Swallow from Kent Police wrote a letter of support stating his agreement with the PSPO, due to verbal abuse faced by locals and shop owners.
He wrote: “I can confirm that Kent Police support the implementation of a PSPO for the Thanet district and agree with the proposed prohibitions and requirements.
“We believe that the implementation of the PSPO is a necessary measure to reduce crime, disorder, and ASB on the Thanet District, and to provide Officers and staff suitable powers to deal with such behaviour.
“We see a lot of this type of anti-social behaviour in the district.
“We also receive reports of swearing and threatening behaviour on the towns beaches during the summer months, abusive and foul language during evening events and fireworks events in Broadstairs, and multiple reports from businesses and councillors of street drinkers and young people abusing shopkeepers and members of the public trying to use the town centre amenities in Margate, Ramsgate and Broadstairs.
“This type of behaviour if left unchecked can escalate and result in violence or other disorder.”
Cabinet members are expected to discuss the revisited order in the council chamber on July 24.
If approved, the PSPO will be in place for three years.