Agenda item
Anti-Social Behaviour, Crime and Policing Act 2014 - update
Minutes:
The Committee considered a report that provided an update in respect of the new powers and reforms in the Anti-Social Behaviour, Crime and Policing Act 2014. The report also highlighted the Public Spaces Protection Order and the new Community Trigger process.
The Chairman welcomed Judith Willis, Head of Community Services and Bev Houghton, Community Safety Manager to the meeting.
The Community Safety Manager introduced the report and in doing so informed the Committee that the Anti-Social Behaviour Crime and Policing Act received royal assent on 13th March 2014 and its provisions came into force on 20th October 2014. The Act repeals nineteen powers in relation to anti-social behaviour and reduces them to seven broad ranging powers.
Updated statutory guidance was issued in July 2014 and was written primarily for police officers, councils and social landlords who could use the powers. The guidance outlined how to make the best use of the new legislation to protect the public against anti-social behaviour and nuisance.
The Public Space Protection Order (PSPO) was the most relevant to Licensing Committee Members. It was an order designed to protect spaces from persistent anti-social individuals or groups and could include reasonable restrictions and requirements. PSPOs replaced Designated Public Place Orders, (DPPO’s, also referred to as Alcohol Restriction Zones), and would still allow alcohol to be confiscated from those behaving or likely to behave in an anti-social manner. Failure to comply remained an offence. PSPOs also replaced Gating Orders and Dog Control Orders.
PSPOs could be issued by Councils following consultation with the police, Police and Crime Commissioner and other relevant bodies. Council officers, with the powers granted by their Chief Executive, would be able to enforce the restrictions and requirements, alongside police officers, police community support officers and any other officer designated under the Community Safety Accreditation Scheme.
Where a DPPO, Gating Order or Dog Control Order was still currently in force, these would continue to be valid for a period of three years, following the commencement date of the new legislation, 20th October 2014. After three years it would become a PSPO. However, councils did not have to wait and could review the need for their current DPPOs ahead of the three year transition period.
The Community Safety Manager drew Members’ attention to page 36 of the report, which highlighted that decision making in relation to DPPOs had traditionally been a function of the Licensing Committee. There were twenty two DPPOs in force in the district. In 2011 in order to comply with Home Office Guidance, local authorities were advised to review DPPOs in their area. Members were reminded that although some work on a review had commenced, Members subsequently agreed to place the review on hold to allow public awareness raising work to be undertaken. In addition to this new signage for the existing DPPOs was installed. Members were reminded that following on from the meeting held on 24th June 2013, it was agreed that the review of the current DPPOs in the district be deferred until Members had received an update on the new legislation with regards to the Anti-Social Behaviour Crime and Policing Act.
The Community Safety Manager briefly informed the Committee of the Community Trigger. The Community Trigger enabled victims who felt that they had not received an adequate response to anti-social behaviour to call for a review of their case by the responsible agencies identified in the Anti-Social Behaviour Crime and Policing Act; district councils, the police, registered providers of social housing (who were co-opted in to the group) and Clinical Commissioning Groups in England.
North Worcestershire Community Safety Partnership and South Worcestershire Community Safety Partnership (CSPs) had led the development of the Community Trigger on behalf of Worcestershire’s local authorities and the other responsible agencies. A Worcestershire wide Community Trigger process had been agreed to ensure a consistent approach and to avoid confusion for victims.
The term anti-social behaviour was used to describe a broad range of day-to-day incidents of crime, nuisance and disorder that made people’s lives a misery. The reforms were designed to put victims at the heart of the response to anti-social behaviour and to give professionals the flexibility to respond appropriately to different situations and to ensure that vulnerable victims were supported and protected.
The Community Safety Manager responded to Members’ questions and reiterated that anti-social behaviour should be looked at as a whole and not just alcohol related incidents. In terms of a review of the existing DPPOs, officers would need to look at any current data associated with the existing DPPOs and the strength of that data. Residents should be informed of the recent changes and their views should be taken into account; so that residents were comfortable with the changes and what was happening with the introduction of the Anti-Social Behaviour Crime and Policing Act.
The Community Safety Manager further informed the Committee that officers intended to provide a more detailed report to a future meeting of the Licensing Committee which would cover the proposals for the transition from DPPOs to PSPOs.
RESOLVED that the contents of the Anti-Social Behaviour Crime and Policing Act report, be noted.
Supporting documents:
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