Agenda item - Anti-social Behaviour, Crime and Policing Act 2014 (Implementation of Provisions)

Agenda item

Anti-social Behaviour, Crime and Policing Act 2014 (Implementation of Provisions)

Minutes:

The Community Safety Manager presented a report in relation to the Anti Social Behaviour, Crime and Policing Act 2014, which outlined the implementation of provisions.  The report also proposed a series of amendments to the Council’s Scheme of Delegations to enable the Council to best utilise and implement the ASB tools and powers under the Act.

 

It was reported that the Anti Social Behaviour, Crime and Policing Act 2014 provided the tools and powers, outlined in the report, which were relevant to the Council and supported the Strategic Purpose ‘Keep My Place Safe and Looking Good’.

 

It was noted that the Public Space Protection Order (PSPO) (Section 59 – 75 of the Act) was used to stop individuals or groups from committing anti social behaviour in a public space and which had or was likely to have a detrimental effect on the lives of those in the area. This tool replaced the Designated Public Place Orders, Gating Orders, and Dog Control Orders and could be either enforced by Police Officers, Police Community Support Officers or authorised Council Officers.

 

It was reported that the Council was responsible for making a PSPO, however, Police Officers and Police Community Support Officers could also play a role in enforcing the orders. Orders were issued after consultation with the Police, PCC and other relevant bodies.

 

Arising from Members’ questions, the following responses were made:

 

·         Currently there was one community trigger in Bromsgrove and that no other order was in progress.  Members would be updated in relation to any community trigger raised.  The Community Safety Manager stated that she would circulate more information relating to this to Members.

·         it was a statutory requirement that District Councils were in consultation with Police, PCC and other relevant bodies to ensure that all relevant information was compiled in order for the appropriate process to be followed and be transparent.

·         The restrictions and requirements of an order could be related to any anti social behaviour, such as loud music.  The order could be applied to both commercial and residents provision.

·         Worcestershire Regulatory Services had a specific section in the guidance to tackle any ASB issues when raised.

·         It was not clear which powers had the overriding guidance.

·         Concerns relating to nuisance noise would be dealt by Environmental Health Services.  Members were informed that the Council was taking legal advice in respect of the statutory guidance regarding nuisance noise.

 

Members noted the proposed amendments to the Council’s Scheme of Delegations. In order to enable all relevant Council officers to utilise the powers under the Act,the following amendments to the Council’s current Scheme of Delegation were recommended:

 

a)    That the Head of Community Services, in consultation with the PrincipalSolicitor be given delegated authority to seek a Civil Injunction inaccordance with Sec. 1 – 21 of the Anti Social Behaviour, Crime andPolicing Act 2014.

 

b)    That the Head of Community Services, the Head of EnvironmentalServices, the Head of Worcestershire Regulatory Services and the Headof Planning and Regeneration Services be given delegated authority toserve Community Protection Notices, (and Fixed Penalty Notices in theevent of a breach) in accordance with Sec. 43 – 58 of the Anti SocialBehaviour, Crime and Policing Act 2014.

 

c)    That the Head of Community Services, Head of Environmental Servicesand Head of Leisure and Cultural Services be given delegated authority toinitiate and implement the consultation process required to make a PublicSpace Protection Order in accordance with Sec. 59 – 75 of the Anti SocialBehaviour, Crime and Policing Act 2014.

 

As recommended in the amended statutory guidance, the decision to
make a Public Space Protection Order would be put to Cabinet/Council. Members requested that Ward Members be included to the decision matrix. The Community Safety Manager advised that she would need to seek legal advice to ensure that such information could be shared with Members as it may impede on data protection requirements.

 

The Community Safety Manager stated that, in terms of consultation with the Police, any enforcement order put in place must have the Police’s commitment to ensure the enforcement was carried through and to ensure that public safety was the prime concern.

 

It was reported that the Alcohol Free Zone Legislation was being replaced with the Public Space Protection Order and would be reviewed in three years.

 

Any financial implications would be considered during the consultation.

 

RESOLVED that the powers available to the Council under the Anti Social Behaviour, Crimeand Policing Act 2014, as amended in December, 2017 be noted.

 

 

RECOMMENDED that the Council’s Scheme of Delegations be amended, as detailed within the report subject to the inclusion of “in consultation with the Ward Councillor”, where appropriate.

 

</AI4>

<AI5>

 

 

Supporting documents: