Issue - meetings

The Council received the recommendations of the Executive proposing the adoption of the Anti Social Behaviour Policy which aimed to provide clear guidance to residents.  The proposals would also introduce suitable delegated powers to Officers to implement the provisions of the Anti Social Behaviour, Crime and Policing Act 2014 to help manage and reduce anti social behaviour.

RESOLVED

That (i) the Anti Social Behaviour Policy be adopted;

          (ii) authority be delegated to the Chief Executive to review the Anti Social Behaviour Policy from time to time, in consultation with the Portfolio Holder, to ensure that it is updated to reflect good practice, current legislation and case law (with any updates being reported to Council for information);

          (iii) the level of Fixed Penalty Notice for a breach of a Community Protection Notice be set at £75.00 and reduced to £50.00 if payment is received within 14 days;

          (iv) authority be delegated to the Chief Executive in consultation with the Police and/or other appropriate consultees, to issue Closure Notices under Part 4 of the Anti-Social Behaviour, Crime and Policing Act 2014;

          (v)   authority be delegated to the Chief Executive to:-

a.       issue Community Protection Notices;

b.       authorise registered social landlords to issue Community Protection Notices;

c.       issue Fixed Penalty Notices for breach of a Community Protection Notice;

d.       authorise any persons to issue Community Protection Notices and issue Fixed Penalty Notices for breach of a Community Protection Notice;

e.       take remedial action when a Community Protection Notice has not been complied with.

under Part 4 of the Anti-Social Behaviour, Crime and Policing Act 2014.

Reporting Person – Ray Morgan

The Executive received a report which sought approval of the Executive to recommend to Council the adoption of the Anti Social Behaviour Policy.  The proposed new Policy aimed to provide clear guidance to residents and would agree suitable delegated powers to Officers to implement the provisions of the Anti Social Behaviour, Crime and Policing Act 2014 to help manage and reduce anti social behaviour.

Officers explained that the appointment of a new Anti Social Behaviour Officer had provided an opportunity to review how the Council dealt with Anti Social Behaviour across the Council noting that some powers within the Act sat with other Council departments, such as Environmental Health.  It was noted that restructure within the Council had resulted in a need to ensure delegations were aligned appropriately.

Members discussed promotion of the Policy to Members and residents.  Officers advised that the Policy would be published on the Council’s website and would be promoted to residents at future engagement opportunities.

Minor amendments to recommendations (ii) and (iv) were discussed.  It was agreed that recommendation (ii) should include an obligation to report changes to Council if the Policy was changed, and recommendation (iv) should include consultation with the Police or appropriate consultees when issuing Closure Notices.  The Executive requested that Officers, in consultation with the Portfolio Holder, re-drafted recommendations (ii) and (iv) for Council at its meeting on 30 July 2020.

RECOMMENDED to Council

That  (i)    the Anti Social Behaviour Policy be adopted;

          (ii)   authority be delegated to the Chief Executive to review the Anti Social Behaviour Policy from time to time, in consultation with the Portfolio Holder, to ensure that it is updated to reflect good practice, current legislation and case law;

          (iii)  the level of Fixed Penalty Notice for a breach of a Community Protection Notice be set at £75.00 and reduced to £50.00 if payment is received within 14 days;

          (iv)  authority be delegated to the Chief Executive to issue Closure Notices under Part 4 of the Anti-Social Behaviour, Crime and Policing Act 2014;

          (v)   authority be delegated to the Chief Executive to:-

                 a.    issue Community Protection Notices;

                 b.    authorise registered social landlords to issue        Community Protection Notices;

                 c.    issue Fixed Penalty Notices for breach of a            Community Protection Notice;

                 d.    authorise any persons to issue Community            Protection Notices and issue Fixed Penalty Notices          for breach of a Community Protection Notice;

                 e.    take remedial action when a Community Protection          Notice has not been complied with.

                 under Part 4 of the Anti-Social Behaviour, Crime and Policing Act 2014.

Reason:   This report requests the agreement of the new Anti Social Behaviour Policy to provide clear guidance to residents and agree suitable delegated powers to appropriate officers to implement the provisions of the Anti Social Behaviour, Crime and Policing Act 2014 to help manage and reduce anti social behaviour.