Elmbridge Council is seeking consultation over a proposed Public Space Protection Order (PSPO). The PSPO would, among other things, give the Council powers to issue fixed penalty notice (FPN) fines of up to £400 for mooring on the Thames for longer than 24 hours. The affected sections of river maintained by the Council would include Albany Reach, Cowey Sale Open Space, Ditton Reach and City Wharf, Hurst Park Open Space, and Cigarette Island. Also proposed are restrictions on fishing, camping, and lighting of open fires such as BBQs.
This is not the first time that Elmbridge Council has proposed restrictions on boat moorings. In 2019, the NBTA responded to proposals by the Council for an extended PSPO that would cover areas moored on by itinerant liveaboard boaters. There is an existing PSPO in Walton-on-Thames town centre, in effect since March 2021.
According to guidance from the Local Government Authority, a PSPO gives councils the authority to “prohibit specified activities, and/or require certain things to be done by people engaged in particular activities, within a defined public area”. They are intended to target behaviour considered anti-social in particular, such as drinking in or littering of public areas. PSPOs can be in place for up to three years after which they are reviewed. There is no limit on the number of renewals of a PSPO.
PSPOs are intended to address specific behaviours which are having or are likely to have a detrimental effect on the quality of life of those in the locality. Elmbridge Council’s order proposes restrictions on “unauthorised” mooring, which the Council and Environment Agency define as mooring for longer than 24 hours in a location. This is not of itself damaging to quality of life for people in the locality. As the NBTA to the Council’s 2019 PSPO consultation, “there is nothing inherently anti-social in mooring a boat that is your home on a river bank… the simple act of mooring a boat on a river bank does not of its nature have a detrimental effect on quality of life.”
The Council’s proposal claims that “boats moored without permission” has led to “increased littering and noise pollution”. Restricting the mooring of boats on the Thames does not, however, address the question of “unregistered” boats as all boats, regardless of their permission on the waterways, will be penalised by such an order. The Council should instead address littering and noise pollution directly, rather than liveaboard boaters as a proxy. As Surrey Live reported in 2020, some liveaboard boaters with licences have been confronted along the canal, in an “atmosphere of enforcement” where any distinction between “legitimate” and “unauthorised” moorings is eroded.
Indeed, organisations such as civil and human rights group Liberty have criticised the powers behind PSPOs for the “vague definition of what can be criminalised [that is] ripe for abuse”, with many councils issuing fines for homelessness and rough sleeping. According to BBC and the Manifesto Club, Councils have issued fines under PSPOs for unauthorised cycling, spitting, school drop-offs, begging, and putting up an A-frame, as well as instituting curfews for under 16s. The existing PSPO in force in Walton-on-Thames town centre prohibits riding “cycle, skateboard, scooter or hoverboard in a dangerous or anti-social way”, which seems gives Councils the scope to choose what is considered “anti-social”. There is a danger that Council’s wield the power of PSPOs to criminalise any behaviour of their choosing, in this case the mooring of boats.
Above all, such mooring restrictions will have the greatest impact on the most vulnerable in the boating community, displacing individuals and potentially criminalising them for attempting to live on a boat. Avoidance of negative impact on vulnerable communities is explicitly called for in the LGA guidance. The consultation webpage states that an Equality Impact Assessment has been conducted, but the assessment has not been provided and there is no guarantee that at-risk boaters have been taken into consideration.
If Elmbridge Council is concerned about anti-social behaviour in its borough, we suggest that the Council address those precise behaviours. Restrictions on mooring specifically target liveaboard boaters, and especially the most vulnerable in our community. The consultation is closing on 11th June 2023. The Council has not yet implemented the proposed PSPO.
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