BOROUGH OF POOLE
COMMUNITY SUPPORT OVERVIEW GROUP
23 MARCH 2004
THE ANTI-SOCIAL BEHAVIOUR ACT 2003 AND THE IMPLICATIONS TO THE COUNCIL
PART OF PUBLISHED FORWARD PLAN: YES
1. PURPOSE AND POLICY CONTEXT
1.1 The purpose of this report is to seek member's consideration of the new Anti-social behaviour Act and its implications for the council. In conjunction members are also asked to consider delegated authority under section 30 of this Act.
2. RECOMMENDATIONS
2.1 Members are asked to consider the implications of the Anti-social behaviour Act 2003 and the various dates when the powers come into force.
2.2 Members are asked to consider the protocol and designation to an officer of the council within the Local Authority who will have delegated authority to undertake agreement on behalf of the authority regarding section 30 of the Act and the creation of exclusion zones (draft Protocol at Appendix A)
2.3 Members are also asked to refer any recommendations to Cabinet.
3. BACKGROUND INFORMATION
3.1. The Anti-Social Behaviour Act came into force on 20th January 2004. This Act reflects the concerns of practitioners and the general public in that, anti-social behaviour, while sometimes not a crime can affect an individual and a communities quality of life.
3.2. The Act follows on from the Crime and Disorder Act 1998 where the introduction of Anti-Social Behaviour Orders came into operation. Poole being the first area in Dorset to apply successfully.
3.3. The Poole Crime and Disorder Partnership are in the process of developing a local Anti-Social Behaviour strategy, (a requirement of the Act) the tools now available under the act will, where appropriate be built into this strategy.
4. THE IMPLICATIONS TO THE COUNCIL OF THE ANTI-SOCIAL BEHAVIOUR ACT 2003.
4.1. The Borough of Poole will have a number of service units who will have new powers to tackle anti-social behaviour. While the Act is wider in its remit the below reflects the direct implications to the council.
4.2. Part 1 section 1-11, Police Powers to close crack houses, came into force 20th January 2004.. This could have implications for landlords as the police can force closure of the property for up to 6 months, forcing landlords to board up property or do it for them and recharge. This could impact upon Housing and Community services in a number of ways; individuals may have to be picked up as homeless putting pressure on the service, also a property has been lost so there is a pressure on the empty property strategy. However at present no such houses currently exist in Poole.
4.3. Part 2, Sections 12-17, Housing: New powers for social landlords to tackle anti-social behaviour, comes into force 30th June 2004. Social landlords to publish policies and procedures for tackling anti-social behaviour. Landlords can gain same day injunctions in the court to protect tenants or their housing management function. This could make it easier to exclude people from certain areas, this positively supports the councils commitment to supporting victims and witnesses.
Tenancies can also be demoted which means the tenant loses the Right to Buy for up to one year. There will be Legal costs that will fall to the council. The Strategy for Poole, as mentioned in 3.3 includes our partnership in housing associations and they play a key role in its development.
4.4. Part 3, Sections 18-29, Parental responsibility: being responsible for their children and the communities they live in, came into force on the 27th February 2004. Schools and LEA's can now enter into parenting contracts with parents of excluded and truanting children. This can be voluntary or imposed by the courts. LEA's, Heads and Police will be able to impose penalty notices on parents in relation to truancy, if unpaid the LA can decide to prosecute for the offence. However educationalists' have concerns about using the powers due to the relationship with parents, cost of the schemes and day to day management of them.
4.5. Part 4, Section 30-36, Dispersal of Groups: the police are empowered to create, 'exclusion zones' to disperse groups of 2 or more people, came into force 20th January 2004.
These zones can only be made with full agreement form the local authority. Only the Superintendent of the Police can authorize such a zone, which can last up to 6 months. Within the local authority context agreement must be made at Chief Executive level or to whomever he/she has given delegated authority. It is envisaged that the information /evidence will be provided to this person who will make the final written agreement to go ahead. There is currently a protocol being drafted between the local authority and police for use of this power.
The recommendation to take this forward is for the Chief Executive to give delegated authority to sign off to a Policy Director. The Anti-social behaviour Co-ordinator will gather all necessary information using the Protocol for use and present to the Policy Director who can then with all relevant information agree to an area being signed off as an 'exclusion zone'.
4.6. Part 6, Sections 40-56, Environment: Cleaner and Safer Communities comes into force on 31st March 2004. Environmental Health Officers (EHO's) will have powers to issue £100 fixed penalty notices on those committing noise in a dwelling, the authority may retain the income, They will also be given powers to close a licensed premises for up to 24 hours to prevent nuisance. Fixed penalty notices may also be issued to those who cause graffiti and fly posting. The authority will also have power to stop, search and seize vehicles suspected of fly tipping and prosecute those tipping waste. The authority will be expected to keep details of performance and management data as this can be required by the Government These powers support the Leaders priorities to the public of Poole by improving the environment. Consumer Protection are currently looking at the Policy implications and costs to their service unit.
4.7. Part 7, Sections 57 -64, Public Order and Trespass, came into force 27th February 2004. New powers for the police to move on unauthorized encampments when trespassing where there are 2 or more people within the local authority area. The proviso being a pitch is available on an official site within the local authority area. The implications being that if sufficient sites are not available low level trespass may continue with the litter, nuisance & other problems often associated with these encampments.
4.8. Part 8, Sections 65 -84, High Hedges comes into force on 1st October 2004. The authority will have powers to enforce the cutting of high hedges which cause a nuisance when other forms of neighbour mediation have failed. The authority may levy a charge for this mediation/notice service on complainants. Failure to comply with any notice would be an offence. The authority may cut a hedge and recharge the owner. Arboriculture services will be affected and need to draft how they intend to set the charges and how it will affect their current work commitments/capacity based on current complaints.
4.9. Part 9 Sections 85-91, Improving Enforcement Powers. The authority will be able to prosecute, outside of the CPS, a breach of an ASBO where they were the applicant authority. There are however cost implications to the service unit who has applied, for legal services. This is in force 31st March 2004. Also in force at the same time relating to adults only is the power when undertaking possession proceedings for anti-social behaviour the authority's housing officers may link the application for an ASBO on a friend or relative also involved in the behaviour. Again there will be cost implications.
5. CONCLUSIONS
5.1. There are considerable powers conveyed through this piece of legalisation with much of the act giving greater powers directly to the local authority to tackle anti-social behaviour.
5.2. Local protocols for using some of these powers have begun development to ensure that all relevant agencies are clear about their role and expectations and to deliver the best possible service to residents of Poole.
Simon Hendey
Head of Housing and Community Services
Background papers
Home Office: A Guide to the Anti-social behaviour Act 2003
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