Agenda item

The Cabinet Member (Communities and Culture) submitted a report which provided an overview of the new provisions contained within the Anti–Social Behaviour, Crime and Policing Act 2014.

Members were requested to consider the approval of recommendations to enable the Council to ensure effective implementation of the powers.  The report outlines how the Act streamlines tools for tackling anti-social behaviour with six new powers replacing 19 existing ones to allow anti-social behaviour to be tackled in a more effective and efficient manner. These include powers to help focus the response to anti-social behaviour on the needs of victims.

The report also outlined the work being undertaken, through the Bury Community Safety Partnership, to prepare for the Act and develop a response within the capacity and resources available to local agencies.

An amendment was made to the recommendation on page 2 of the report submitted, under the heading ‘Community Protection Notices’, paragraph 2, changing the reduced payment period deadline from 14 days to 10 days from  the issue of a Fixed Penalty Notice.

Delegated decisions:

1.           That the new tools and powers in respect of tackling anti-social behaviour, as detailed in the report submitted, be noted.

2.           That approval be given for a clear and consistent communication with all sections of the community to manage expectations and promote self help.

3.           That approval be given to the following authorisations, subject to the amendment above, for the implementation of the Anti-Social Behaviour, Crime and Policing Act 2014:

Injunctions

·         That the Executive Director (Communities and Wellbeing), in consultation with the Assistant Director (Legal and Democratic Services) and Cabinet Member (Communities and Culture), be given delegated authority, where appropriate, to seek a Civil Injunction in accordance with Part 1 of the Anti-Social Behaviour, Crime and Policing Act 2014.

Community Protection Notices

·         That initially, officers from the Council’s Environmental Health and Anti-social Behaviour Team be authorised, where appropriate, to serve Community Protection Notices and Public Space Protection Orders (in accordance with Part 4 of the Anti-Social Behaviour, Crime and Policing Act 2014).   

·         That the level of fines for Fixed Penalty Notices (FPNs) issued as a sanction for breaching Community Protection Notices and Public Spaces Protection Orders be set at £90 to bring them in line with other Greater Manchester authorities and that the level is reduced to £60 for payment within 10 days of the FPN being issued.

·         Further consideration be given to the feasibility of Six Town Housing and other social landlords becoming agents of the Council for the purposes of issuing Protection Notices, in accordance with the provisions of the Act., subject to further Regulations being published. 

·         That over the next six months, the Head of Environmental Protection, in consultation with the Assistant Director (Legal and Democratic Services), work with Greater Manchester Police to agree local arrangements for the issuing of Community Protection Notices and Fixed Penalty Notices (for breach of CPNs) by them.  As the Prosecuting Authority, the Council aims to ensure consistent and appropriate use.  

Closure Notices

·           That the Executive Director (Communities and Wellbeing), in consultation with the Cabinet Member (Communities and Culture), be granted delegated authority to issue a Closure Notice and apply for a Closure Order in accordance with Chapter 3 of the Anti-Social Behaviour, Crime and Policing Act 2014. 

Anti Social Behaviour Case Reviews (Community Trigger) 

·           That the threshold for enacting Anti-Social Behaviour (ASB) Case Reviews be set at the minimum statutory level of 3 qualifying complaints within a six month period unless hate crime is a factor or where the victim scores ‘amber’ or ‘red’ on the risk matrix used to assess vulnerability in anti-social behaviour cases, in which cases immediate reviews may be enacted.

·           That the following people be designated to respond to Anti-Social Behaviour Case Reviews (Community Trigger):

·         Acknowledgement – Anti-Social Behaviour Manager;

·         Outcome (of the request for a Review) – Executive Director of Communities and Well Being or a senior manager nominated by the Executive Director;

·         Appeal – Chair of the Bury Community Safety Partnership.

·           That a review be conducted in six months to assess the impact of the legislation on demand.

Reasons for the decision:

1.   The provisions of the Act enable the Council and its partners to tackle anti-social behaviour.

2.   Resource constraints limit the extent to which these powers can be applied

3.   The proposals outlined will ensure appropriate, consistent and proportionate use of the new tools and powers.

Other option considered and rejected:

To reject or amend the proposals.