Council's new plan to fine people £100 for swearing in four towns

A council is trying a renewed push to slap £100 fines on anyone caught swearing in public. Last July, Thanet District Council attempted to enforce a public space protection order (PSPO) across the Kent seaside towns of Birchington, Margate, Ramsgate and Broadstairs to combat "foul or abusive language" and preserve tranquillity.

However, the Free Speech Union (FSU) quickly stepped in with threats of legal action, leading to the abandonment of the plan just a month later. However, according to council documents set for discussion at a meeting on Tuesday, July 15, the authority is keen to revisit these contentious measures as a means to tackle anti-social behaviour.

The report advocating for the return of the fines insists that local police found the PSPO to be an invaluable tool and have faced challenges without it. It highlights: "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."

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The council had previously attempted to introduce a similar PSPO last summer, but it was met with the threat of legal action, leading to its withdrawal. However, police have since reported escalating challenges in tackling certain anti-social behaviours. The proposed PSPO stipulates 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."

Offenders of the PSPO, which will encompass Margate, Ramsgate and Broadstairs, face a £100 fine, reduced to £60 if paid within two weeks. The order also prohibits anti-social gatherings, misuse of public areas, urinating, defecating, spitting, the use of legal highs like laughing gas, public humiliation and alcohol consumption.

Critics have raised concerns about the order, particularly the ambiguity surrounding what constitutes "foul language" and potential interference with peaceful protests. Nonetheless, the report indicates that exceptions will be considered for those who can demonstrate a "reasonable excuse" for their actions.

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It said: "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."

It followed abuse endured by locals and business owners, with Chief Inspector Ian Swallow, from Kent Police, noting in a letter of support that the public spaces protection order was needed.

In it, 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 set to discuss the order on July 24, which could see the PSPO enforced for three years.