AGENDA ITEM 12
BOROUGH OF POOLE
COUNCIL
16 DECEMBER 2014
ANTI-SOCIAL BEHAVIOUR CRIME &POLICING ACT 2014 -
PROPOSALS FOR DELEGATED AUTHORITY: REPORT OF THE HEAD OF LEGAL AND DEMOCRATIC SERVICES
1.0PURPOSE OF REPORT
1.1The Council has been granted new powers under the Ant-Social Behaviour Crime & Policing Act 2014. As a result, amendments to the Scheme of Delegation are needed to enable officers to continue to undertake ASB work as before.The purpose of this report is to make the necessary authorisations required under sections 1,22, 53 and 63 of the Anti-social Behaviour Crime & Policing Act 2014 (The Act). This is to ensure that the necessary authorisations are in place before any of the above powers are used by Council officers.
2.0RECOMMENDATION(S)
2.1That the Council’s Scheme of Delegation be amended to grant delegated Authority to the Heads of Housing and Community Services, Environmental and Community Protection Services and Planning and Regeneration Services to:
- Apply to the Courts for an injunction under s1 of the Act
- Apply to the Court for a Criminal Behaviour Order under s 22 of the Act.
- Issue a Community Protection Notice under s 53 (1) (b)
- To make and serve Public Spaces Protection Orders under s 59 of the Act.
- To act as the Councils Authorised Person in respect of powers under s 53 (1) (c), and S 63 (1), (2) & (3) of the Act.
3.0BACKGROUND INFORMATION
3.1 The Anti-social Behaviour Crime & Policing Act 2014 came into force on the 20th October 2014 and changes the powers available to Local Authorities and the Police to deal with anti-social behaviour in our communities. A full presentation on the new legislation and powers was given to the Communities Overview and Scrutiny Committee on 16th September 2014 and may be found at Minute COS 16.14.
3.2 The Act introducesthe power under section 1 to apply for an injunction if two conditions are met. The injunction may for the purpose of preventing anti-social behaviour prohibit a person from doing anything described in the injunction and/or require the person to do something described in the injunction. This power is currently due to become in force in January 2015 although no definite date has been announced yet.
3.3The Act introduces Criminal Behaviour Orders under section 22.(which are not too dissimilar from Criminal Anti-social Behaviour Orders under the previous legislation in which the Crown Prosecution Service only could make the application to the court) Guidance issued in respect of the new Act suggests that Local Authorities can, in certain circumstances, apply for a Criminal Behaviour Order.
3.4The Act introduces Community Protection Notices which deal with various types of ASB. The power to issue them is available to a person authorised by the Local Authority.
3.5The Act also introduces Public Spaces Protection Orders in which theLocal Authority can make providing two conditions are met. Section 63 of the Act specifically deals with the consumption of alcohol in breach of prohibition in the order. This section empowers an ‘authorised person’ to take specific action. For the purposes of this section ‘authorised person’ means a person authorised for the purposes of this section by the Local Authority that made the Public Spaces Protection Order.
4.0FINANCIAL IMPLICATIONS
4.1Fixed Penalty Notice levels have been set at £100. Work will be carried out by existing staff and there are no additional resource implications.
5.0LEGAL IMPLICATIONS
5.1 Thelegal implications for the use of Criminal Behaviour Orders, Community Penalty Notices, Injunctionsor Public Spaces Protection Orders are set out in this report. Proper authorisation and a clear scheme of delegation is required for any action that may result in prosecution.
6.0RISK MANAGEMENT IMPLICATIONS
6.1 There are no high risks identified. Other risks are mentioned elsewhere.
7.0EQUALITIES IMPLICATIONS
7.1These will be assessed on a case by case basis particularly in the light of the circumstances of defendants who appear vulnerable. The implications of ASB on victims and the community is also an important consideration.
8.0CONCLUSIONS
8.1 The authorisation of these functions will enable decisions to be made in a quick and efficient way without any delay or additional costs. This will be beneficial to members of the local community who are suffering from anti-social behaviour and require a remedy without unnecessary delay. It will also allow the relevant service units to concentrate on addressing the issues at hand without the distraction of applying for the necessary authorisations on a case by case basis.
T M Martin
Head of Legal and Democratic Services
5 December 2014
Contact Officer/Report Author Louise Redfern ext 3026 and Ian Cooke ext 3516
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