Decision details

ADOPTION AND IMPLEMENTATION OF ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014

Decision status: Recommendations Approved

Is Key decision?: Yes

Is subject to call in?: Yes

Decisions:

Carole Burgoyne (Strategic Director for People) submitted a report on the framework and recommendations for the implementation of the new anti-social behaviour tools and powers set out in the Anti-Social Behaviour, Crime and Policing Act 2014, which came into force on the 20 October 2014.

 

The report indicated that the existing 19 powers for tackling anti-social behaviour had been replaced with six new ones and the quality of the Council’s partnership arrangements, both internally and externally, would be key to the efficient and effective implementation of the legislation. 

 

Councillor Penberthy (Cabinet Member for Co-operatives, Housing and Community Safety) introduced the report and indicated that –

 

(a)

government guidance was still being issued;

(b)

officers had looked at how other authorities across the peninsula were implementing the Act;

(c)

there were concerns that some of the new processes through the Courts would be slower and more expensive than existing arrangements.  It was also anticipated that more staff would be required to implement the provisions;  

(d)

ward councillors would no longer be given the opportunity to comment on dispersal orders as those powers had now transferred to the police.

 

Sarah Hopkins (Community Safety and Partnerships Manager), Dylan Sadler (Senior Lawyer) and Superintendent Chris Singer (Devon and Cornwall Police) attended the meeting for this item and Councillor Penberthy thanked Sarah and her team for their work.

 

Following concerns expressed about the transfer of powers to the police for dispersal orders, Cabinet Members were advised –

 

(e)

that the new public spaces protection orders had replaced the former dispersal order powers, however the extent of the new powers would be tested and determined through the courts in due course;

 

(f)

that the Police had new tactical powers and could authorise dispersal orders for short durations at very short notice;

 

(g)

by Superintendent Chris Singer that he would give an assurance that the police would always endeavour to discuss any pre planned dispersal orders with ward councillors and that the collaborative enforcement pilot would be using this as a means of joint problem solving;

(h)

that Councillor Evans would be raising the issue with the Local Government Association.

Alternative options considered and the reasons for the decision

 

As set out in the report.

 

Agreed -

 

(1)

to note the provisions of Anti-Social Behaviour, Crime and Policing Act 2014;

(2)

that injunctions are only used in cases where behaviour is likely to cause or is causing the most harassment, alarm and distress;

(3)

that, in respect of Community Protection Notices, the Fixed Penalty Notice for environmental anti-social behaviour is set at £100 and that authority is delegated to the Cabinet Member for Environment, to agree any future variations and early repayment reductions;

(4)

not to designate Community Protection Notice powers to Registered Housing Providers and that this decision is referred to the Co-operative Scrutiny Board for consideration;

(5)

that ‘closure powers’ are only used in circumstances where premises are linked to nuisance to the public or disorderly, offensive or criminal behaviour of a serious nature;

(6)

to note that the Chief Executive will designate authority for signing off Closure Notices to the Community Safety and Partnerships Manager;

(7)

to work closely with the Police to influence the way in which the new Police power to disperse is applied taking into account previous learning and experience in process Dispersal Orders;

(8)

to explore with the Police, options for consulting or notifying ward councillors when Police use their powers to disperse;

(9)

that authority for signing off Public Spaces Protection Orders is delegated to the relevant Cabinet Member (either with responsibility for environment and/or community safety);

(10)

that the Collaborative Enforcement Pilot is used as the means for testing the Public Spaces Protection Order power in order to work through and identify relevant processes for consideration for city-wide implementation;

(11)

that the ‘single point of contact’ for all Anti-Social Behaviour Case Review Requests is the Community Safety and Partnerships Manager;

(12)

the threshold level of three separate qualifying complaints within six months as the threshold for triggering an Anti-Social Behaviour Case Review;

(13)

to work closely with Registered Housing Providers to explore the viability of establishing ‘Tenant Champions’;

(14)

to work with the community and voluntary sector and other relevant partners and agencies, to explore options for engaging communities in supporting the Anti-Social Behaviour Case Review process;

(15)

to delegate authority to the Head of Community Services to decide on any appeals against the outcome of Anti-Social Behaviour Case Reviews.

 

Publication date: 12/12/2014

Date of decision: 09/12/2014

Decided at meeting: 09/12/2014 - Cabinet

Effective from: 20/12/2014

Accompanying Documents: