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Issue - meetings
New Anti-social Behaviour Powers
Meeting: 13/10/2015 - Communities, Housing and Environment Committee (Item 46)
46 Report of Director of Environment and Shared Services - New Anti-social Behaviour Powers PDF 112 KB
Additional documents:
- Appendix I: Members’ Guide to Changes to Anti-Social Behaviour Legislation, item 46
PDF 3 MB
- Appendix II: Kent Community Trigger and process map, item 46
PDF 127 KB View as HTML (46/3) 41 KB
Decision:
1. That the new Anti-Social Behaviour (ASB) powers, available to the Council under new legislation as described in the Members Guide, the amendments made to the Council’s Scheme of Delegation, the officer authorisations, the Enforcement Policy for Environmental Enforcement Policy and relevant procedures to allow implementation including a new Community Trigger be noted.
2. That the fixed penalty notice (FPN) amount served where the authorised person believes an offence has been committed under sections 48 of The Act (Community Protection Notice) of £100 be approved.
3. That any FPN that is served where the authorised person believes an offence has been committed under sections 63 or 67 of The Act (Consumption of Alcohol Order or Public Space Protection Order) be £100 unless an alternative amount is stated in any such order creating an offence be approved.
Minutes:
Martyn Jeynes, Waste and Street Scene Manager introduced the report on Anti-social Behaviour (ASB) Powers which provided an overview of the new tools available and the action taken to ensure officers were equipped to use these. The Committee were asked to consider the levels of fixed penalty notices (FPN) which could be utilised by officers.
It was explained that the legislation provided tools for officers to continue to tackle and improve ASB.
During the course of the discussion the following points were made:
· The Council were looking at schemes to ensure that issues affecting vulnerable people such as the homeless could be looked at holistically and they would not be further marginalised if issued a FPN.
· The maximum FPN proposed would be £100.
· Designated powers for social landlords were not yet in use.
· The reporting period for the Community Trigger was six months. Ongoing issues were discussed on a weekly basis at the Community Safety Unit meeting which meant the facility for partnership was already in place.
· The 6 month timescale for the use of the Community Trigger was deliberately short to ensure there was a focus on the case.
The guidance document on changes to ASB legislation, produced for Councillors, was commended by the Committee.
RESOLVED:
1. That the new Anti-Social Behaviour (ASB) powers, available to the Council under new legislation as described in the Members Guide, the amendments made to the Council’s Scheme of Delegation, the officer authorisations, the Enforcement Policy for Environmental Enforcement Policy and relevant procedures to allow implementation including a new Community Trigger be noted.
2. That the fixed penalty notice (FPN) amount served where the authorised person believes an offence has been committed under sections 48 of The Act (Community Protection Notice) of £100 be approved.
3. That any FPN that is served where the authorised person believes an offence has been committed under sections 63 or 67 of The Act (Consumption of Alcohol Order or Public Space Protection Order) be £100 unless an alternative amount is stated in any such order creating an offence be approved.
For:8 Against:0 Abstentions:0