The Anti-Social Behaviour, Crime and Policing Act 2014
(Part 4 Chapter 2 Sections 59-75)
North Yorkshire Council ("the Council") in exercise of its power under section 59 of the Anti-Social Behaviour, Crime and Policing Act 2014 (the Act) hereby makes the following Order:
This Order shall be known as North Yorkshire Council Unauthorised Camping and Lighting of Fires and Barbeques Public Spaces Protection Order 2026 and shall come into force on XXXXXX 2026 for a period of three years
Before the expiry of the Order the Council may extend, vary or discharge it in accordance with the provisions of the Act
This Order has three parts and applies to the Public Places described in Schedule 1 to this Order:
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Part 1 |
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Unauthorised camping in public places |
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Part 2 |
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The lighting of fires or barbeques in/on public places |
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Part 3 |
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Fixed Penalty Notices |
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Schedule 1 |
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Public Spaces – Restricted Areas |
PART 1 Unauthorised camping in public places
1.2 The Council is satisfied that the conditions set out in Section 59 (2) of the Act have been met in that anti-social behaviour has been carried out, or is likely to be carried out, within the “the restricted areas” caused by unauthorised camping resulting in antisocial behaviour, including but not limited to littering / disposal of waste and materials causing damage to the environment and these activities have a detrimental effect on the quality of life of those living or legitimately visiting or holidaying in the area.
1.3 The Council is also satisfied that the conditions set out in Section 59 (3) of the Act have been met. Namely, that the effect or likely effect of the activities is, or is likely to be, persistent or continuing in nature, and are unreasonable, and justify the prohibition imposed by this Order.
Prohibition
1.4 No one person shall erect a tent, gazebo, marquee, or other temporary structure that is designed or intended to provide shelter or accommodation with the intention of camping overnight, within “the restricted areas” without the express prior written permission of the landowner.
Requirements
1.5 If instructed to do so by an authorised officer of North Yorkshire Council or by a Police Officer a person shall clear away any tent or temporary structure and associated equipment.
Offence
1.6 A person who fails, without reasonable excuse, to comply with a requirement imposed on him or her under subsection 5 commits an offence contrary to section 67 of the Anti-social Behaviour, Crime and Policing Act 2014 and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Exemptions
1.7 Person(s) who have express prior written permission of the landowner, North Yorkshire Council.
PART 2. The lighting of fires or barbeques in/on public places
2.1 This Section applies to all public places within the land identified and described in Schedule 1 “restricted areas” and imposes the prohibition contained in subsection 2.4
2.2 The Council is satisfied that the conditions set out in Section 59 (2) of the Act have been met in that anti-social behaviour has been carried out, or is likely to be carried out, within the “the restricted areas” caused by the lighting of fires or barbeques causing damage to the environment and has a detrimental effect on the quality of life of those living or legitimately visiting or holidaying in the area.
2.3 The Council is also satisfied that the conditions set out in Section 59 (3) of the Act have been met. Namely, that the effect, or likely effect, of the activities is, or is likely to be, persistent or continuing in nature, and are unreasonable, and justify the prohibition imposed by this Order.
Prohibition
2.4 No person shall light a fire or barbeque within “restricted area” without the express prior written permission of the landowner, North Yorkshire Council.
Requirements
2.5 If instructed to do so by an authorised officer of North Yorkshire Council or by a Police Officer a person, when instructed, shall extinguish any fire or barbeque and clear away.
Offence
2.6 A person who fails, without reasonable excuse, to comply with a requirement imposed on him or her under subsection 5 commits an offence contrary to section 67 of the Anti-social Behaviour, Crime and Policing Act 2014 and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Exemptions
2.7 person(s) who have express prior written permission of the landowner, North Yorkshire Council.
Part 3 – Fixed Penalty Notices
3.1 In accordance with Section 68 of the Anti-social Behaviour, Crime and Policing Act 2014, a constable or authorised person may issue a Fixed Penalty Notice to anyone they have reason to believe has committed an offence under this Order. Such notice offers the person to whom it is issued the opportunity to discharge their liability to conviction for the offence by payment of a fixed penalty. The penalty is set at £100.00 to be paid within 28 days.