Agenda item

To consider the report of the Assistant Director Environment.

The report of the Assistant Director Environment was submitted informing Members of the powers available to the local authority under the Anti-Social Behaviour, Crime and Policing Act 2014 (the Act), and to update them of the joint-agency work that was taking place across Devon and Cornwall to develop a consistent approach in respect of these powers. The report also sought the delegation of authority under Part 4 of the Act to implement relevant powers and delegate these to appropriate officers to enable their effective use from 20 October 2014.

The Assistant Director Environment advised of an amendment to the recommendation to include delegated authority to the Assistant Director Environment and Assistant Director Public Realm to issue Fixed Penalty Notices in respect of breaches of Public Spaces Protection Orders, and further that the penalty fee for Fixed Penalty Notices in respect of Community Protection Notices and Public Spaces Protection Orders be set at a £100. This amount was the maximum allowed under the new legislation.

In response to Members’ questions the Assistant Director Environment clarified:-

·         complaints made before 20 October would count towards the Community Trigger threshold of three triggers in a six month period

·         the Council had its own communication channels and does not rely solely on calls to ‘101’

·         when a request to use a Community Trigger was received, agencies must decide whether the threshold has been meet

·         a review of the impact of the new powers would be reported in six months time

·         if there is a need for consultation with appropriate bodies or individuals then the existing Anti Social Behaviour Action Team (ASBAT) would perform this function in most instances.

In response to a comment from a Member raising concerns regarding the appropriate use of the new powers, the Portfolio Holder for Housing and Customer Access stated that whilst ASBAT did take a tough line with regards to Anti Social Behaviour they did take a balanced view when considering each individual’s personal circumstances.

RESOLVED that:-

 (1)      the Community Trigger procedure described in this report be adopted with effect from 20 October 2014; and

RECOMMENDED that Council approve the following and that the Constitution be amended accordingly where appropriate:-

(1)          the Assistant Director Environment  (ADE) and  Assistant Director Public Realm (ADPR) be authorised under S.53 of the Anti-social Behaviour, Crime and Policing Act 2014 (the Act), from the 20 October 2014, for issuing Community Protection Notices (CPN), and related Fixed Penalty Notices of a £100 penalty fee in respect of breaches of a CPN;

(2)       the Assistant Director Environment and Assistant Director Public Realm be given delegated powers under Part 4 Chapter 2 of the Act from the 20 October 2014 relating to the implementation of Public Spaces Protection Orders (PSPO), following agreement in each case at the multi-agency Antisocial Behaviour Action Team (ASBAT), and related Fixed Penalty Notices of £100 penalty fee in respect of breaches of a PSPO;

(3)       the Assistant Director Environment  be given delegated powers under Part 4 Chapter 3 of the Act from the 20 October 2014 relating to the issuing of a Closure Notice of no longer than 24 hours, following appropriate consultation.

(5)       the principle of utilising the joint collaborative work of the Devon, Cornwall, Plymouth and Torbay Community Safety Partnerships in developing consistent procedural mechanisms for the powers introduced by the Act be agreed.