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Council launches fresh bid to fine people for swearing

A council hopes to revive controversial plans to fine people for swearing in public – just months after backing down in a legal row.

Last year, Thanet District Council (TDC) hoped to hit those using foul language in the pocket in trouble hotspots such as Margate, Ramsgate and Broadstairs.

Ramsgate High Street could be one area in Thanet made subject to a new Public Space Protection Order
Ramsgate High Street could be one area in Thanet made subject to a new Public Space Protection Order

But the authority revoked its Public Space Protection Order (PSPO) in August after the Free Speech Union (FSU) threatened to make it the subject of a judicial review battle in the High Court.

Now, official council papers show it plans to revisit the controversial scheme in a fresh attempt to help tackle rising tensions between anti-social youths and street-drinkers.

“The council sought to implement a PSPO in similar terms to the one that it is currently proposed in the summer of last year,” the report says.

“This was, however, subject to the threat of legal challenge.

“As a result, a decision was made not to implement this PSPO.

Margate’s beach would be included in the PSPO area
Margate’s beach would be included in the PSPO area

“Since that time police report experiencing increased difficulties in managing some of the identified forms of anti-social behaviour.”

High-profile clashes between antisocial groups have made headlines this summer – particularly in Broadstairs.

Many disturbances unfolded in front of families, while some were caught on camera and subsequently circulated on social media.

The overview and scrutiny meeting papers, set to go before the panel on July 15, outline seven “activities” TDC hopes to prohibit.

If approved, the PSPO would cover Margate, Ramsgate and Broadstars entirely.

Viking Bay is Broadstairs' busiest beach, close to the town centre
Viking Bay is Broadstairs’ busiest beach, close to the town centre

Within those is “the use of foul or abusive language” which, if approved by the cabinet, could see perpetrators fined £100.

“All persons are prohibited from using in a public place foul or abusive language within the hearing or sight of any other person likely to be caused harassment, alarm or distress thereby,” the document says.

As it currently stands, the order’s scope covers any foul or abusive language within the hearing or sight of another, “likely to cause harassment, alarm or distress”.

Responding to the consultation, Kent Police Chief Inspector Ian Swallow firmly backed the plans, stressing if foul language goes unchecked, tense situations can turn sinister.

“In some areas the district’s business owners are really vulnerable to this type of abuse,” his letter states.

Kent Police Chief Inspector Ian Swallow
Kent Police Chief Inspector Ian Swallow

“Many shop keepers and bar workers have also reported such abuse.

“Businesses on Margate beach, along Margate seafront and at Westwood Cross have reported on occasions throughout the year, they have had to close due to the aggressive behaviour, swearing and abusive language.”

Threats and assaults on fast food employees have also experienced the brunt of hostile language, he said, adding: “This is not a reference to casual swearing.

“But to the use of language in such a way as it is threatening and as indicated, it is likely to escalate a situation or cause other residents real fear or distress.”

Last year, the FSU opposed the council’s order on the grounds it could prevent a person’s right to protest peacefully due to “too vague and too broad” parameters about how they could express discontent.

Free Speech Union spokesperson Steven O’Grady argued last year that the Thanet District Council PSPO was incompatible with the European Convention on Human Rights. Picture: Steven O’Grady
Free Speech Union spokesperson Steven O’Grady argued last year that the Thanet District Council PSPO was incompatible with the European Convention on Human Rights. Picture: Steven O’Grady

It had not set out specific opposition to the use of foul language but branded the order as the “worst one it had seen” after seeing a rise in local authorities trying to “crack down on speech they don’t like”.

The FSU and TDC have been contacted for comment.

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