Council branded 'draconian' over rules allowing enforcement officers to fine beach-goers £100 for swearing
10 August 2024, 20:33 | Updated: 11 August 2024, 07:00
A council has been criticised as "draconian" over new rules which permit enforcement offers to dish out £100 fines for swearing.
Listen to this article
Loading audio...
The new measures have been called an "unlawful" assault.
Thanet District Council's (TDC) public space protection order (PSPO) will encompass entire towns of Birchington, Margate, Ramsgate and Broadstairs.
It means people are "prohibited from using foul or abusive language" that can be heard by others in a public place and may cause "alarm or distress to any other person".
The order states: "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."
However, locals are undecided as to whether the restrictions - which can be put in place by the police - will help or hinder the community.
Activist group The Free Speech Union has threatened to launch a legal challenge about the new rule, stating it is an "unreasonable and probably unlawful" restrictions.
But locals are split on whether the restrictions - which can also be enforced by police - will help or hinder the community.
Ramsgate local resident Anna told MailOnline: "I think it's a bad idea because freedom of speech is very important.
"Some people may have a very limited vocabulary to express themselves. Sometimes people have a bad day; sometimes they just need to blast."
16-year-old Harry Stevens added: "I think as long as you're not using bad language to try and be abusive, it should be okay."
"If you're out with friends just having a laugh and it's not that deep, then a £100 fine is a bit harsh."
However, pensioner Lynn Nichols believes she has seen antisocial behaviour in Ramsgate town centre several times and supports council initiative to clamp down on this type of action.
She said she thinks it's a good idea, adding that "we always get a lot of trouble in the evening" when young people congregate in groups.
"Not all young people are like that but some can be really disrespectful.
"Free speech is free speech but that shouldn't include being abusive to people, horrible behaviour or swearing."
63-year-old Birchington resident Andrew Thwaites said: "I think it's fair enough. If people are making a nuisance of themselves then they should be fined."
When deliberating the new rules at a `TDC cabinet meeting on July 25, councillor Rebecca Wing said she had witnessed poor behaviour in her Ramsgate constituency.
However, the Green Party councillor questioned how effectively the PSPO would be implemented.
She said: "Ramsgate feels really unsafe at the moment.
"I was on York Street one Sunday evening at half past four, walking my dog, and a group of street drinkers ended up having a punch-up.
"It just feels as if they don't give two damns about the PSPO.
"The police have told us they won't enforce it.
"That's what they've told us.
"That's what a policeman out on the street said, 'We won't give fines to this group because they're not payable', which makes the whole thing pointless.
"The PSPO came into effect on Wednesday, July 31, and will be in place for one year.
The Free Speech Union has threatened to legally challenge the council’s new rule, with a spokesperson for the group saying: "For example, the PSPO prohibits 'causing a disturbance to others' - this has clear implications for lawful protest.
"The blanket ban on any behaviour that is 'likely to cause harassment, alarm or distress' is a draconian measure that is wide open to abuse.
"It may be that the council only intends to enforce the PSPO in certain cases of legitimately anti-social conduct.
"But they had a duty to make the order itself clear about what those cases are.
"It is contrary to the rule of law to leave criminal sanctions entirely at the whim of enforcement officers based on vague and ill-defined prohibitions.
"We have sent TDC a letter before claim - a formal warning putting them on notice that legal proceedings may be commenced unless they take immediate action to rescind their unjust and oppressive order.
"We also stand ready to assist any local resident in Thanet who is worried about being punished by their local council for exercising their free speech rights, and encourage them to get in touch."
TDC says signs will be placed around the enforcement areas to educate residents about the new restrictions.
The penalty for breaking the PSPO is £100 and it must be paid within 28 days, however it's reduced to £60 if it's paid within 14 days.
Labour councillor Heather Keen said: "Antisocial behaviour can have a detrimental effect on people's enjoyment of the place where they live if it isn't dealt with.
"It can also spoil the experience of visitors and holidaymakers.
"We know that making Thanet a safer and cleaner place to live in, work in or visit is a top priority for residents, and this new PSPO is a positive step towards this ambition."
