Agenda item

ASB Crime and Policing Act 2014: delegation of functions to exercise the powers

New legislation rationalising the tools and powers available to partnerships became enacted on 20 October 2014. The new Act replaced nineteen pre-existing measures with six new measures for tackling anti-social behaviour. The Act has introduced simpler, more effective powers to tackle anti-social behaviour that provide better protection for victims and communities. The powers are available to various bodies such as Local Authorities, the Police and Registered Housing Providers.Use of some of the powers requires authorisation by officers of an appropriate grade.

Decision:

(i) that the contents of the report be noted;

(ii) that authority be delegated to the Chief Operating Officer and to the Operational Director, Community Services to exercise and to delegate to officers at an appropriate grade the following functions under the Anti-Social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”):

(a) issuing Community Protection Notices on behalf of the Council;

(b) issuing Closure Notices on behalf of the Council for up to 48 hours;

(d) applying to the Court for Criminal Behaviour Orders in consultation with the Chief Legal Officer and requesting the Police/Crown Prosecution Service to apply for Criminal Behaviour Orders;

(e) issuing fixed penalty notices for breach of any Community Protection Notice or Public Space Prohibition Order;

(iii) that authority be delegated to the Chief Operating Officer and the Strategic Director, Regeneration and Growth as the designated officers of the Chief Executive to issue a Closure Notice under the 2014 Act on behalf of the Council for up to 48 hours; and to the Head of Community Safety and Emergency Planning and as the designated officer of the Chief Executive to issue a Closure Notice for up to 24 hours;

(iv) that authority be delegated to the Chief Operating Officer, Operational Director, Community Services, and Strategic Director, Regeneration and Growth to exercise and to delegate to officers at an appropriate grade the function of authorising the issuing of court proceedings for civil injunctions under the 2014 Act on behalf of the Council in consultation with the Chief Legal Officer;

(v) that authority be delegated to the Chief Operating Officer in consultation with the Lead Member for Stronger Communities for the function of making Public Spaces Protection Orders under the 2014 Act and for this arrangement to be reviewed after one year;

(vi) that approval be given to the council’s Community Trigger Protocol as set out in Appendix 3 of the report;

(vii) that the amount of Fixed Penalties relating to Fixed Penalty Notices issued under Section 52 and 68 of the 2014 Act be set at £75 (discounted to £50 if paid within 14 days);

(viii) that approval be given to the implementation and use of the additional mandatory ground for possession of secure tenancies where the council was the landlord.

Minutes:

The Lead Member for Stronger Communities, Councillor Denselow advised the Cabinet of the new legislation that came into force on 20 October 2014 which rationalised the tools and powers available to partnerships and introduced simpler, more effective powers to tackle anti-social behaviour that provide better protection for victims and communities. The new Act replaced nineteen pre-existing measures with six new measures for tackling anti-social behaviour and the powers were available to various bodies such as local authorities, the police and registered housing providers. Councillor Denselow welcomed the opportunity to check longstanding problems.

Members welcomed the legislation, in particular Community Protection Notices and Public Space Protection Orders, which could be used to combat fly-tipping, street drinking and park sleeping.

RESOLVED: