Issue - meetings

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

 

 

Meeting: 09/12/2014 - Cabinet (Item 97)

97 ADOPTION AND IMPLEMENTATION OF ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014 pdf icon PDF 389 KB

Carole Burgoyne (Strategic Director for People) will submit 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.

Additional documents:

Minutes:

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  ...  view the full minutes text for item 97