New legal powers could ban 'intimidating use of balaclavas and face coverings'

Hartlepool councillors are set to discuss potential new legal powers which could ban the “intimidating use of balaclavas and face coverings” in the town.

A key local authority committee will look at proposals to clamp down on people who “use balaclavas, masks and other face coverings to conceal their identities while engaging in intimidating, threatening or antisocial behaviour”.

The Reform UK motion, which was presented for debate at Thursday’s (October 1) full council meeting, followed concerns from residents, businesses and community representatives about antisocial behaviour.

However, it was agreed that the motion would be sent to the council’s neighbourhoods and regulatory services committee for consideration.

The motion said that other councils have used public spaces protection orders (PSPOS) to “address the use of face coverings to conceal identity while causing harassment, alarm or distress”, and asked the council to explore a similar measure in Hartlepool.

This included a call for senior council officers, in consultation with Cleveland Police and wider partners, to investigate the use of a PSPO and to “consider all qualifying public spaces within the administrative boundary of Hartlepool Borough Council”.

The motion noted that borough-wide coverage would be the council’s “preferred position”, subject to relevant evidence, and that the PSPO would see officers “consider a proportionate enforcement process” which could include fixed penalty notices.

Reform UK said that “nothing within this motion shall be interpreted as authorising a council officer to physically remove a face covering, detain an individual or exercise any power beyond that lawfully available to them”.

The motion added that the proposed restriction “does not make the wearing of a face covering alone an offence” and “requires a reasonable connection between the concealment of identity and the conduct causing, or likely to cause, harassment, alarm or distress”.

It also stressed the PSPO would include “appropriate exemptions and reasonable-excuse provisions for legitimate religious, cultural, medical, disability-related, occupational, safety, sporting and weather-related use,” as well as “protecting lawful protest and assembly”.

Meanwhile, it was noted that officers would “undertake the necessary statutory consultation, equality impact assessment, human-rights and proportionality assessment, together with an assessment of staffing, enforcement and financial implications.”

Although the motion was outlined on Thursday’s council agenda, it has not been formally adopted and has been sent to the council’s neighbourhoods and regulatory services committee for consideration.

The motion is expected to be discussed at a future meeting of the decision-making panel.