Are these PSPOs valid?
Discussion
PSPO legislation provides
"67
(1)It is an offence for a person without reasonable excuse—
(a)to do anything that the person is prohibited from doing by a public spaces protection order, or
(b)to fail to comply with a requirement to which the person is subject under a public spaces protection order.
(2)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3)A person does not commit an offence under this section by failing to comply with a prohibition or requirement that the local authority did not have power to include in the public spaces protection order.
(4)Consuming alcohol in breach of a public spaces protection order is not an offence under this section (but see section 63).
"
"63
Consumption of alcohol in breach of prohibition in order
(1)This section applies where a constable or an authorised person reasonably believes that a person (P)—
(a)is or has been consuming alcohol in breach of a prohibition in a public spaces protection order, or
(b)intends to consume alcohol in circumstances in which doing so would be a breach of such a prohibition.In this section “authorised person” means a person authorised for the purposes of this section by the local authority that made the public spaces protection order (or authorised by virtue of section 69(1)).
(2)The constable or authorised person may require P—
(a)not to consume, in breach of the order, alcohol or anything which the constable or authorised person reasonably believes to be alcohol;
(b)to surrender anything in P’s possession which is, or which the constable or authorised person reasonably believes to be, alcohol or a container for alcohol.
(3)A constable or an authorised person who imposes a requirement under subsection (2) must tell P that failing without reasonable excuse to comply with the requirement is an offence.
PSPO
https://www.woking.gov.uk/community/safety/pspo/ps...
"The activities described below are hereby prohibited:
1. Persons within the Exclusion Zone will not: ingest, inhale, inject, smoke or otherwise use intoxicating substances
 Intoxicating Substances is given the following definition (which includes Alcohol, Drugs and what are commonly referred to as ‘legal highs’): Substances with the capacity to stimulate or depress the central nervous system.
Fixed Penalty Notice and Offences
1. It is an offence for a person without reasonable excuse to engage in any activity prohibited by this Order.
2. In accordance with section 63 of the Act, a person found to be in breach of this Order by consuming alcohol or by refusing to surrender alcohol to an authorised person is liable on summary conviction to a maximum penalty of a level 2 fine"
This states that engaging in any prohibited activity is an offence, which it is not
http://www.legislation.gov.uk/ukpga/2014/12/part/4...
"Challenging the validity of orders
(1)An interested person may apply to the High Court to question the validity of—
(a)a public spaces protection order, or
(b)a variation of a public spaces protection order.“Interested person” means an individual who lives in the restricted area or who regularly works in or visits that area.
(2)The grounds on which an application under this section may be made are—
(a)that the local authority did not have power to make the order or variation, or to include particular prohibitions or requirements imposed by the order (or by the order as varied);
(b)that a requirement under this Chapter was not complied with in relation to the order or variation."
Different form of PSPO, which shows how it could be done:
https://www.eastherts.gov.uk/media/29060/The-Publi...
"Prohibition of alcohol consumption in designated areas
Any person who, without reasonable excuse, continues consuming alcohol in the designated area when asked not to consume alcohol by an authorised officer commits an offence.
Any person who, without reasonable excuse, fails to surrender any alcohol in their possession when asked to do so by an authorised officer commits an offence.
"
"67
(1)It is an offence for a person without reasonable excuse—
(a)to do anything that the person is prohibited from doing by a public spaces protection order, or
(b)to fail to comply with a requirement to which the person is subject under a public spaces protection order.
(2)A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(3)A person does not commit an offence under this section by failing to comply with a prohibition or requirement that the local authority did not have power to include in the public spaces protection order.
(4)Consuming alcohol in breach of a public spaces protection order is not an offence under this section (but see section 63).
"
"63
Consumption of alcohol in breach of prohibition in order
(1)This section applies where a constable or an authorised person reasonably believes that a person (P)—
(a)is or has been consuming alcohol in breach of a prohibition in a public spaces protection order, or
(b)intends to consume alcohol in circumstances in which doing so would be a breach of such a prohibition.In this section “authorised person” means a person authorised for the purposes of this section by the local authority that made the public spaces protection order (or authorised by virtue of section 69(1)).
(2)The constable or authorised person may require P—
(a)not to consume, in breach of the order, alcohol or anything which the constable or authorised person reasonably believes to be alcohol;
(b)to surrender anything in P’s possession which is, or which the constable or authorised person reasonably believes to be, alcohol or a container for alcohol.
(3)A constable or an authorised person who imposes a requirement under subsection (2) must tell P that failing without reasonable excuse to comply with the requirement is an offence.
PSPO
https://www.woking.gov.uk/community/safety/pspo/ps...
"The activities described below are hereby prohibited:
1. Persons within the Exclusion Zone will not: ingest, inhale, inject, smoke or otherwise use intoxicating substances
 Intoxicating Substances is given the following definition (which includes Alcohol, Drugs and what are commonly referred to as ‘legal highs’): Substances with the capacity to stimulate or depress the central nervous system.
Fixed Penalty Notice and Offences
1. It is an offence for a person without reasonable excuse to engage in any activity prohibited by this Order.
2. In accordance with section 63 of the Act, a person found to be in breach of this Order by consuming alcohol or by refusing to surrender alcohol to an authorised person is liable on summary conviction to a maximum penalty of a level 2 fine"
This states that engaging in any prohibited activity is an offence, which it is not
http://www.legislation.gov.uk/ukpga/2014/12/part/4...
"Challenging the validity of orders
(1)An interested person may apply to the High Court to question the validity of—
(a)a public spaces protection order, or
(b)a variation of a public spaces protection order.“Interested person” means an individual who lives in the restricted area or who regularly works in or visits that area.
(2)The grounds on which an application under this section may be made are—
(a)that the local authority did not have power to make the order or variation, or to include particular prohibitions or requirements imposed by the order (or by the order as varied);
(b)that a requirement under this Chapter was not complied with in relation to the order or variation."
Different form of PSPO, which shows how it could be done:
https://www.eastherts.gov.uk/media/29060/The-Publi...
"Prohibition of alcohol consumption in designated areas
Any person who, without reasonable excuse, continues consuming alcohol in the designated area when asked not to consume alcohol by an authorised officer commits an offence.
Any person who, without reasonable excuse, fails to surrender any alcohol in their possession when asked to do so by an authorised officer commits an offence.
"
Drumroll said:
Why do you feel they are not?
the second one looks good, the first one states " It is an offence for a person without reasonable excuse to engage in any activity prohibited by this Order."
which isn't the case as it's not an offence to consume alcohol, except if previously told not to.
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