Wrexham County Borough Council s4

6

AGENDA ITEM NO. 7

REPORT TO: Executive Board

REPORT NO: CEDO/14//08

DATE: 15 April 2008

LEAD MEMBER: Councillor Aled Roberts

(Corporate Governance and Leadership)

LEAD OFFICER: Chief Economic Development Officer

CONTACT OFFICER: Rebeccah Lowry (Tel: 292455)

Janet Growcott (Tel: 317022)

SUBJECT: Gating Policy

WARD: All

1. PURPOSE OF THE REPORT

1.1 For Members’ to consider and approve the draft Gating Policy and application procedures in order for the Council to implement ‘the Power’ for Local Authorities to make Gating Orders introduced in Section 2 of the Clean Neighbourhood and Environment Act 2005.

2.  EXECUTIVE SUMMARY

2.1  Section 2 of the Clean Neighbourhood and Environment Act 2005 introduced a wide range of enforcement powers for local authorities, including powers to make Gating Orders to tackle crime and anti-social behaviour in their area. In Wales, these powers came into force in February 2007, having been available to local authorities in England since April 2006.

2.2  The provision gives local authorities the power to restrict public access to certain public highways, typically pathways or alleyways, by gating them without removing the underlying highway status. A Gating Order may be used to restrict the public right of way at all times or during certain times of the day, days of the week or times of the year so long as it is clearly defined in the Order.

2.3  In December 2007 a report was presented to the Corporate Governance and Policy Scrutiny Committee (CEDO/47/07S) detailing four options to consider as to how the Council could respond to the introduction of this power. The options ranged from do nothing, through to devise a policy and associated budget that would allow applications to come forward on the basis of expression of interest which would then be administered, funded and monitored through Council resources.

2.4  The Corporate Governance and Policy Scrutiny Committee resolved to recommend to the Executive Board that option 2 ‘to introduce a policy that invites applications (subject to set criteria of clear evidence of anti-social behaviour, community support etc) and places the responsibility of funding the capital costs of the gate, together with the cost of installation, evaluation, maintenance and removal (if deemed necessary) on the applicant’ be supported and reviewed in 12 months time.

2.5  Members are now requested to consider the draft Gating Policy and application procedure that has been devised on the basis of the recommendation of the Corporate Governance and Policy Scrutiny Committee to support option 2 as detailed in paragraph 2.4 above.

3.  RECOMMENDATIONS

3.1  for members’ to approve the proposed Gating Policy and application procedure for immediate effect; and

3.2  agree that this matter is dealt with as an urgent item in accordance with Standing Order 42(1) of the Council’s Standing Orders.

REASONS FOR RECOMMENDATIONS

Reducing anti-social behaviour is the key objective in making a Gating Order this directly supports the Council’s corporate priority of Reducing Anti-Social Behaviour (Rowdy Nuisance).

Stephen Bayley

Chief Economic Development Officer

4.  BACKGROUND INFORMATION

4.1 Section 2 of the Clean Neighbourhood and Environment Act 2005 introduced a wide range of enforcement powers for local authorities, including powers to make Gating Orders to tackle crime and anti-social behaviour in their area. In Wales, these powers came into force in February 2007, having been available to local authorities in England since April 2006.

4.2 The provision gives local authorities the power to restrict public access to certain public highways, typically pathways or alleyways, by gating them without removing the underlying highway status. A Gating Order may be used to restrict the public right of way at all times or during certain times of the day, days of the week or times of the year so long as it is clearly defined in the Order.

4.3 Before making a Gating Order, the Council must be satisfied that:

(a) premises adjoining or adjacent to the highway are affected by crime and anti-social behaviour;

(b) the existence of the highway is facilitating the persistent commission of criminal offences or anti social behaviour; and

(c) it is in all the circumstances expedient to make the order for the purposes of reducing crime or anti social behaviour.

4.4  The guidance advises that Gating Orders should not be used as a first resort in tackling anti-social behaviour or criminal behaviour and the local authority should consider whether alternative measures, for example increased police and youth support service interventions, or other situational improvements like street lighting or CCTV surveillance would be more appropriate and/or cost effective.

4.5  Reducing Anti-Social Behaviour is a corporate priority for the council. Members will be aware of the significant commitment that has already been made to reduce anti-social behaviour through investment in:

(a)  Police and Community Support Officers across the County Borough; and

(b)  The Young People’s Early Intervention Team which is due to commence in January 2008. Information on this initiative, which will be managed through Prevention and Inclusion, Children’s Services, was contained in the report in June (AMR/08/07S) as part of the Anti-Social Behaviour Strategy.

4.6  The task to ‘draft a Gating Policy for the Council’ in response to the new powers introduced in Section 2 of the Clean Neighbourhood and Environment Act 2005 was incorporated into the Council’s Anti-Social Behaviour Strategy within the 2007/08 Action Plan. The expectation is that the policy will be agreed and operational by March 2008. However, in researching this issue further it appeared that there were many areas particularly around capacity and resource issues that the Council must consider before a Gating Policy can be progressed.

(b) Current Position

4.7 The powers under Section 2 of the Clean Neighbourhood and Environment Act 2005 do improve the process of enacting Gating Orders for local authorities. However, the Act provides a ‘power’ and not a ‘duty’ to local authorities and the potential investment demanded by enacting the power, the process, implementing, maintaining and evaluating Gating Orders is significant and does need careful consideration.

4.8 There is a wide variant inn how different local authorities have responded to having this new power. At one extreme, Liverpool City Council has in 2007/08 committed £650,000 to Gating Orders, with £150,000 of the total, financing 3 full time Gating Officer posts. However, Liverpool CC has been able to utilise part of their Neighbourhood Renewal Funding to finance this investment, a fund not available in Wales. Looking at North Wales local authorities, it is understood that Gwynedd and Flintshire County Councils due to the potential resource/funding demands, have decided not to utilise the new power. While Anglesey County Council, will consider only those applications which have identified their own funding source.

4.9 Having considered that there is not one standard approach to how the Council responds to the power to make Gating Orders, the Corporate Governance Scrutiny Committee considered the following 4 options at their December 2007 meeting:

Option 1

Not to progress the use of the power to make Gating Orders at this time. There is no obligation for the Council to respond as the Clean Neighbourhood and Environment Act 2005 introduces a ‘Power’ not a ‘Duty’ to make Gating Orders. Clearly this option would have no financial cost implication.

Option 2

Introduce a policy that invites applications (subject to set criteria of clear evidence of anti-social behaviour, community support etc) and places the responsibility of funding the capital costs of the gate, together with the cost of installation, evaluation, maintenance and removal (if deemed necessary) on the applicant. Cost of this option would relate solely to the lead officer co-ordination time provided by the Council which would broadly equate to around £1129.94 per scheme. (The cost of this scheme has been calculated on the basis of the officer time required to process the application for a Gating Order – estimated as being 37 hours for the co-ordination of one application and 2 hours per application for each member of the Gating Panel to prepare for and consider at the panel meeting each application (x6 officers = 12 hours). Total 49 hours at an average cost of £23.06 hour (inclusive of 30% on costs @ SCP 42) = £1129.94.)

Option 3

Introduce a policy that invites applications (subject to set criteria of clear evidence of anti-social behaviour, community support etc) and places the responsibility of funding the capital costs of the gate, together with the cost of installation on the applicant, but where the Council agrees to cover the costs of evaluation, maintenance and removal (if deemed necessary). The financial implications of this option would include the lead officer co-ordination time plus the costs of purchase of the gates and installation, equating to approximately £6129.94 per scheme (This has been calculated on the basis of the officer time calculations as described above with an additional £5,000 the estimated cost of purchasing and installing one gate).

Option 4

Introduce a policy that invites applications (subject to set criteria of clear evidence of anti-social behaviour, community support etc) with the Council providing the capital costs of the gate, together with the cost of installation, evaluation, maintenance and removal (if deemed necessary). The financial implications of this option will total £11,129.94. (This figure is as Option3 above with the addition of a further £5,000 the estimated cost of the longer term maintenance of one gating scheme).

The cost details within each of the options about were estimated on the basis of existing schemes in Liverpool and Knowsley.

4.10 The Corporate Governance and Policy Scrutiny Committee resolved to recommend to Executive Board that option 2 as detailed above be supported and reviewed in 12 months time and that a Gating Policy and application procedure be progressed.

4.11  This option places responsibility on the applicant to:

(a)  provide the necessary information and evidence to support the criteria set out in paragraphs 2.5 above;

(b)  finance the gate associated costs of processing the Order, the maintenance and potential removal of the gate at a later stage;

(c)  the annual review of the effectiveness of the gate in reducing anti-social behaviour; and

(d)  the identification of key holders and longer term management/replacement responsibilities of the keys

4.12  Details of the proposed Gating Policy, application procedure together with the application form and guidance notes are included as Appendices to this report.

4.13  The applicant must have secured the necessary funds to enable an application to be progressed. Applicants will be advised of the estimated costs of proceeding with an application and installing a gate within the application guidance notes (see Appendix E), however these are very much estimates. Due to the costs involved detailed design work will not proceed until the application has reached a point that the Order will be made. The estimated minimum costs per scheme are £5,660 for a simple single gate, one ended alleyway to a maximum of £11,660 for a double gated (vehicle access) double ended alleyway. Applicants will need to be aware that this is not a fixed price.

4.14  The requirement to carry out an annual review will form part of the contract with the applicant when a Gating Order is made, the applicant will be responsible for providing information to either justify removal or continuation of the Gating Order. The cost of removal of the gate will be borne by the applicant and will need to be in place at the outset of the application.

(b) Gating Order: Application Process and Policy

4.15  The accompanying appendices comprise:

(i)  Appendix A Draft Gating Policy;

(ii)  Appendix B provides brief information on the Cleaner Neighbourhood and Environment Act 2005, including advice on what circumstances a Gating Order can be made;

(iii)  Appendix C summarises the stages of a Gating Order application from initial submission to the Community Safety Team, through to maintenance and evaluation;

(iv)  Appendix D sets out this process, highlighting specific responsibilities for the applicant, the Economic Development Department (Community Safety Team), the Gating Panel, Transport and Asset Management Department and Environment Department; and

(v)  Appendix E provides details of the Gating Order Application Form and Guidance Notes. (The form does emphasise the importance of including the essential information/documentation to ensure the application passes the initial verification but it may be useful to have accompanying guidance notes attached to the lank form to strengthen this point).

5. CONSULTATION

There has not been any external consultation regarding this issue.

6. SCRUTINY COMMITTEE COMMENTS

6.1 The Corporate Governance and Policy Scrutiny Committee considered a report on this issue, at its meeting on the 5 December 2007 and resolved to recommend to the Executive Board:

(i) that option 2, as detailed in the report, be supported and reviewed in 12 months time;

(ii) that a further report identifying criteria to be set requiring clear evidence of anti-social behaviour and community support be submitted to a future meeting, with consideration being given to inclusion of representatives’ of the Local Access Forum in the Gating Order process; and

(iii) the proposed Gating Policy and application be approved.

7 IMPLICATIONS

7.1 Policy Framework Reducing anti-social behaviour (rowdy nuisance) is one of the Council’s seven corporate priorities for 2007/08. Tackling Anti-Social Behaviour is and will continue to be a priority for the Community Safety Partnership. Community Safety is a key feature within the Economic Development Department’s Strategy for achieving social inclusion.

7.2 Budget The proposed Gating Policy and application procedure that has been developed in accordance with option 2 does not require the Council to provide any additional funds.

7.3  Legal The Highways Act 1980 (Gating Orders) (Wales) Regulations 2007 set out the procedures to be followed by Councils in Wales when making, varying or revoking Gating Orders.

7.4  Staffing The administration required to initially process an application for a Gating Order will be undertaken by the Community Safety Team within the existing capacity – the ability for the Community Safety Team to continue to do this within existing resources will form part of the 12 month review and will be influenced by the volume of applications made. Additional officer time from other departments of the Council namely TAMS, Legal and Democratic Services and Environment is also required to make up the ‘Gating Panel’ see footnote 1 (page 4 for details).