Existing tools and powers Christine Graham

1. Existing tools and powers Christine Graham

2. Which tools and powers – how do we decide? • What evidence is available? Are victims/witnesses willing to come to court? • Is the situation getting worse? Is violence being used? • Is the person a high risk or vulnerable victim? • Is there only one person affected or is the whole community? • Will the perpetrator engage with us?

3. When you are considering taking legal action – consider: • What evidence is there of anti-social behaviour? • Why is the ‘order’ necessary?

4. An incremental approach

5. Different tools and powers • Early intervention – voluntary • Housing related tools • Environmental tools • Area based tools • Youth related tools

6. Housing • Introductory tenancies • Acceptable Behaviour Contracts • Parental Contract Agreement • Anti Social Behaviour Injunction • Anti Social Behaviour Order • Demotion Orders

7. Anti Social Behaviour Injunction • Conduct which is capable of causing nuisance or annoyance to another person • Court order • Party is required to do, or refrain from doing, certain acts • Can have power of arrest attached • Can be granted ex parte • Behaviour that directly or indirectly affects the housing management function – therefore tenure neutral • Can be varied or discharged without notice

8. Demotion Order • Tenant, another resident to the property has behaving in a way that is capable of causing nuisance or annoyance • Application to county court • Lasts for 12 months but can be extended if the landlord serves a NOSP during the period • Tenant loses certain rights eg right to buy or exchange

9. Environmental • Vehicles – Repair, Sale, Abandonment • Litter – Clearing notices, street litter control • Printed material • Graffiti / Fly-posting • Advertisements – Unlawful display and removal

10. Vehicles Vehicles • It is an offence to repair vehicles on the road following an accident or breakdown more than72hours of the incident • It is an offence to sell two or more vehicles on a road within 500 metres of each other • The sanctions for the above two are a fine of up to £2500 or a £100 FPN • In relation to FPN’s the power is given to officers to request the name and address for above offences. • New power to remove vehicles on the road without notice

11. Litter Litter • Litter Clearing Notices- notice can be given to individuals and businesses to remove litter from their land • Street Litter Control Notices - requires commercial premises to prevent or remove litter outside their property ( e.g fast food outlets) • FPNs introduced for failure to comply with above

12. Printed Material Advertising • Introduces the power to control the free distribution of printed matter on designated land (e.g outside a transport hub) • Political, religious and charitable material exempt • Sanction- £75 FPN

13. Graffiti/Fly posting Flyposting and graffiti • Sets £75 FPN • Introduces a requirement to provide name and address in relation to FPN • Extends graffiti removal notices to fly posting • The ASB Act 2003 prohibited the sale of aerosol paints to under 16s. The CNEA requires Trading Standards to carry out annual enforcement action

14. Advertisements Flyposting Amends Town and Country Planning Act requiring individuals who authorise fly-posting to prove that : • The advertisement was displayed without their knowledge • They took all reasonable steps to prevent the display; or • They took all reasonable steps to secure removal once it had been displayed.

15. Place specific tools • Designated Public Place Order (DPPO) • Dispersal Order • Premises closure

16. Designated Public Place Order (DPPO) • To tackle on street drinking • Replaces alcohol ban byelaw • Put in place by Council – designated by elected members • Offence is not to drink alcohol in public but offence is to continue to drink alcohol when asked to stop by a police officer or PCSO

17. Premises Closure • Closure of Premises for Persistent Disorder or Nuisance • Section 118, Schedule 20 Criminal Justice and Immigration Act 2008 • Amends the Anti-Social Behaviour Act 2003 (Crack House Closure) • Tenure neutral power that can be used to offer communities immediate respite by temporarily closing a premises for three months with the possibility to extend closure for a further three months

18. Closure Orders Threshold test – • Significant and persistent disorder or • Persistent serious nuisance to a community • Power of last resort where other interventions have been used/considered and rejected • The implications for vulnerable residents (perpetrators) must be considered • A police force and local authority power with each required to consult each other • On service of Closure Order the authority must apply to the Mag’s court within 24hours. • Breach is a criminal offence and imprisonable

19. Dispersal Order • Designed to give the Police, working with local authority’s power’s to target problem area’s to help communities remove intimidation and ASB from their streets. • Power enables a senior Police officer to designate an area where there is significant and persistent ASB and a problem of group’s (2 or more) causing intimidation. • The local authority must agree to dispersal orders • Decision to designate lasts up to 6 months but can be renewed if necessary and must be published in a local newspaper or by notices in the local area

20. Dispersal Order Gives Police and designated PCSO’s the power to • Disperse groups where the relevant officer has reasonable grounds for believing that their presence or behaviour has resulted, or is likely to result, in a member of the public from being harassed, intimidated, alarmed or distressed. Individuals can be directed to lead the locality and maybe excluded from the area for up to 24hours. • Return young person’s under 16 home who were out on the street’s and not under the control of an adult after 9PM if they are either at risk or vulnerable from ASB, crime etc; or causing or at risk of causing ASB

21. Anti-Social Behaviour Act 2003- Dispersal of groups continued Refusal to follow an officer’s direction to disperse is an offence with a fine of up to £2500 or 3 months imprisonment.

22. Dispersal Order Keys to taking effective action • Have you discussed your concerns with other agencies? • Use your local multi-agency meetings • Make sure you are sharing information with other agencies – Safety Net – case management system • Who is the right agency to lead on the action? • What is the most appropriate tool? • Don’t be tempted to take action in isolation

23. Guidance Home Office – A guide to anti-social behaviour tools and powers http://bit.ly/SR4jI0 A summary of tools and powers http://bit.ly/TBUfSW