Agenda item

UPDATE ON NEW ANTI-SOCIAL POWERS

Richard Antcliff, Head of Neighbourhood Enforcement to present.

Minutes:

Richard Antcliff, Head of Neighbourhoods & Enforcement and Community Protection, updated the Committee on the new anti-social behaviour powers contained in the Anti-Social Behaviour, Crime and Policing Act 2014.

 

The Act sets out the following 6 tools:

 

(a)  Injunctions - a purely civil injunction available in the county court for adults and the youth court for 10 to 17 year olds. Designed to tackle nuisance and anti-social behaviour, they will replace ASBIs and stand-alone ASBOs;

 

(b)  Criminal Behaviour Orders - only available where a person had been convicted of an offence. This could be any offence, not just one involving anti-social behaviour. Issued by the courts after conviction, the order will ban an individual from certain activities or places and require them to address their behaviour;

 

(c)  Dispersal Powers - this new power will enable police officers and PCSOs (where the Chief Constable has delegated these powers) to direct a person aged 10 and above who has committed, or is likely to commit, anti social behaviour to leave a specified area and not return for a specified period of up to 48 hours.

 

(d)  Community Protection Notices and Orders (CPN), - may be used by a relevant officer to order a person to do something (or stop doing something). In order to cease ‘environmental’ ASB, or behaviour having a detrimental effect on quality of life. It replaces litter clearing notices, defacement removal notices and street litter control notices. one order for local authorities to stop persistent environmental ASB like graffiti, neighbour noise or dog fouling; and for police, social landlords and local authorities to deal with more serious disorder and criminality in a specific place such as closing a property used for drug dealing;

 

(e)  Public Spaces Protection Orders - will replace the Designated Public Place Order, the Gating Order and the Dog Control Order. The new order is intended to deal with a particular nuisance in a particular area which negatively affects the community’s quality of life;

 

(f)  Closure Powers – this power is a fast, flexible power that can be used to protect victims and communities by quickly closing premises that are causing nuisance or disorder. Both the ocal authority and the Police can use this power to close residential or business premises. The notice is for a 48hr period, and the closure is for a period up to 6 months.

 

Richard Antcliff responded to the Committee’s questions as follows:

 

(g)  Community Protection covers many sections within the Council and is partnered with the Police;

 

(h)  the experiences of Nottingham City in tackling ASB has been shared with other Local Authorities and used to shape the new legislation;

 

(i)  injunctions can be used for anyone now, not just Council tenants;

 

(j)  use of the balance of probability instead of proof can be a valuable tool in preventing further issues arising;

 

(k)  if after the first warning there are further problems, these should be dealt with fairly quickly;

 

(l)  new software is in place to enable agencies to work in partnership and share information. This will allow issues to be tackled quicker than previously.

 

RESOLVED to thank Richard Antcliff for his update and note that the Committee welcomed the new anti-social behaviour powers contained in the Anti-Social Behaviour, Crime and Policing Act 2014.

 

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