Issue - meetings

Community Warning Notice Policy

Meeting: 19/06/2019 - Cabinet (Item 6)

6 Community Protection Notices as an Anti-Social Behaviour Enforcement Tool pdf icon PDF 74 KB

Report of the Director of Neighbourhoods and Development attached.

Decision:

RESOLVED (Unanimously):

1.    Cabinet approved delegated authority to the Director of Neighbourhoods and Development, to use powers available under Part 4 of the Anti-Social Behaviour, Crime and Policing Act 2014, in the form of Community Protection Notices to enforce against anti-social behaviour that is having a detrimental effect on the quality of life for those in a locality, and is unreasonable and is of a persistent or continuing nature.

2.    Cabinet note the information contained within the report.

Minutes:

The Leader of the Council presented the report of the Director of Neighbourhoods and Development that updated on the use of Community Protection Notices (CPN’s) as an environmental tool and sought delegated authority to be granted to the Director of Neighbourhoods and Development for their use.

 

In response to Member’s questions it was explained that the Community Protection Notices could be used in a variety of ways that included use for statutory nuisance that did not exist under the Environmental Protection Act 1990, where behaviour is persistent and having a negative effect on a locality. Along with anti-social behaviour issues, this could be overgrown gardens.

 

Use of the Community Protection Notices would be monitored as to their effectiveness over the next twelve months.

 

It was proposed by Councillor Paul Foster, seconded by Councillor Mick Titherington and

 

Decision made (Unanimously):

 

1.    Cabinet approved delegated authority to the Director of Neighbourhoods and Development, to use powers available under Part 4 of the Anti-Social Behaviour, Crime and Policing Act 2014, in the form of Community Protection Notices to enforce against anti-social behaviour that is having a detrimental effect on the quality of life for those in a locality, and is unreasonable and is of a persistent or continuing nature.

2.    Cabinet note the information contained within the report.

 

Reason(s) for the decision:

 

If approved, the recommendation will provide an additional tool for officers to enforce against a wider range of anti-social behaviours, perhaps where a statutory nuisance does not exist under the Environmental Protection Act 1990, yet where behaviour is having a negative effect on a locality. This may particularly apply to the problem of untidy domestic gardens and other examples of anti-social behaviour.

 

Alternative Options Considered and Rejected:

 

To not make use of the Community Protection Notices. This option is discounted, as the Community Protection Notice is a powerful tool. It is available to local authorities to tackle behaviours that cause distress and impacts on a locality that may be more difficult to tackle using other legislation. Not adopting the use of Community Protection Notices reduces the possibilities open to the Council for dealing with matters that have long term effects on the residents and where other full powers may not be as suitable or effective.