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Decision details

Anti-Social Behaviour Crime and Policing Act 2014

Decision Maker: Leader of the Council

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

Executive Cllr. is asked to agree policy and procedures with regard to the new tools available through the ASB Act 2014.

Decision:

Matter for Decision: The Anti-social Behaviour, Crime and Policing Act 2014 received Royal Assent on 13th March 2014, with full implementation of the Act due on 20th October 2014. The report looked at the reforms in the Act that are designed to address anti-social behaviour and that would have an impact on services such as Safer Communities, City Homes, Environmental Health and Streets and Open Spaces.

 

Decision of the Leader

 

The Leader resolved:

 

       i.          To note the new measures being introduced to address anti-social behaviour, as detailed in the officer’s report;

 

     ii.          To approve the threshold and procedure for the Community Trigger and to agree to test the threshold and procedure and to review the process in six months with a further report to Strategy and Resources Scrutiny Committee at that point;

 

   iii.          To request that a report regarding Community Protection Notices to be brought back to a future meeting of the Strategy and Resources Scrutiny Committee.

 

   iv.          To take this report to Area Committees and request that they review if any areas merit consideration for Public Spaces Protection Orders (PSPO);

 

    v.          To approve the delegation additions and amendments as detailed in Appendix 3 of the officer’s report.

 

Reasons for the Decision: As set out in the officer’s report

 

Any alternative options considered and rejected: As set out in the officer’s report

 

Scrutiny Considerations:

 

The committee received a report from the Safer Communities Section Manager. It was noted that Community Protection Notices (CPN’s) would not be implemented as part of the Act on 20 October 2014, but would now follow in the New Year. Recommendation 2.1.3 of the officer’s report would therefore need to be amended accordingly.

 

In response to member’s questions the Safer Communities Section Manager said the following:

 

       i.          The Community Trigger would give victims and communities the right to request a review of anti-social behaviour (ASB) cases.

     ii.          The threshold for making a Community Trigger application must be no higher than three complaints of ASB in a 6 month period. This could be three separate complaints by a single person or complaints from three separate people.

 

Councillor Bick raised concern regarding the Public Spaces Protection Order (PSPO) powers and emphasised the need for them to only be used as a last resort.

 

The Leader responded that there would be full engagement with the local community and input from the relevant Area Committee prior to PSPO powers being considered. Further consultation would also be undertaken with the Police, the Police and Crime Commissioner and other relevant bodies.  

 

Councillor Bick proposed the following additional recommendation:

 

       i.          PSPO’s to only be implemented after discussion and agreement at a meeting of Full Council.

 

On a show of hands this proposal was lost by 3 votes to 5. 

 

The Chair proposed the following amendment to Recommendation 2.1.3 of the officer’s report regarding Community Protection Notices.

 

       i.          To request that a report regarding Community Protection Notices to be brought back to a future meeting of the Strategy and Resources Scrutiny Committee.

 

On a show of hands the amendment was agreed unanimously. 

 

 

The Scrutiny Committee considered the amended recommendations and endorsed them unanimously.

 

The Leader approved the amended recommendations.

 

Conflicts of Interest Declared by the Leader (and any Dispensations Granted):

 

Not applicable.

 

 

 

 

 

 

 

 

 

Publication date: 21/11/2014

Date of decision: 29/09/2014