COMMUNITIES, HOUSING & ENVIRONMENT COMMITTEE

1 February 2022

 

Review of the use of anti-social behaviour measures.

 

Final Decision-Maker

COMMUNITIES, HOUSING & ENVIRONMENT COMMITTEE

Lead Head of Service

William Cornall

Director of Regeneration and Place

Lead Officer and Report Author

John Littlemore

Head of Housing & Community Services

Classification

Public

 

Wards affected

All

 

Executive Summary

 

The report outlines the range of activities undertaken by the Community Protection Team and provides information on the use of interventions used by the team to tackle ASB.

 

Purpose of Report

 

For noting.

 

 

This report makes the following recommendations to this Committee:

1.   To note the content of the report.

 

 

 

Timetable

Meeting

Date

Communities, Housing & Environment Committee

1 February 2022



Review of the use of anti-social behaviour measures.

 

1.       CROSS-CUTTING ISSUES AND IMPLICATIONS

 

Issue

Implications

Sign-off

Impact on Corporate Priorities

The four Strategic Plan objectives are:

 

         Safe, Clean and Green

         A Thriving Place

 

Head of Housing & Community Services

Cross Cutting Objectives

The four cross-cutting objectives are:

 

         Heritage is Respected

         Health Inequalities are Addressed and Reduced

         Deprivation and Social Mobility is Improved

         Biodiversity and Environmental Sustainability is respected

 

Head of Housing & Community Services

Risk Management

Not Applicable

 

Head of Housing & Community Services

Financial

The report is for noting.

Head of Housing & Community Services

Staffing

The report is for noting

Head of Housing & Community Services

Legal

The report is for noting

Head of Housing & Community Services

Privacy and Data Protection

Not applicable

Policy and Information Team

Equalities

The report is for noting

 

Head of Housing & Community Services

Public Health

 

The report is for noting

Head of Housing & Community Services

Crime and Disorder

Contained within the report

 

Head of Housing & Community Services

Procurement

Not applicable

Head of Housing & Community Services

Biodiversity and Climate Change

The implications of this report on biodiversity and climate change have been considered and are;

         There are no implications on biodiversity and climate change.

 

Head of Housing & Community Services

 

 

2.††††† INTRODUCTION AND BACKGROUND

 

2.1     In August 2020 the CHE Committee received a report on the use of anti-social behaviour powers and the role of the Councilís Community Protection Team. The broad remit of the CPTís function was produced in an appendix and is attached to this report at Appendix 1 for ease of reference.

 

2.2     One of the functions undertaken by the service is to tackle anti-social behaviour. This can be achieved in a number of ways that seek to deal with the behaviour exhibited by some members of the community in the short-term and long-term.

 

2.3     One tool implemented by the Council is the use of Public Space Protection Orders. For the purpose of this report, the Council has introduced two PSPOís that seek to address behaviour in connection with dogs whilst in the public, and a PSPO concerned with the Town Centre.

 

2.4     The Town Centre PSPO was first approved in September 2016 and was renewed in September 2020 for a further 3 years. The Town Centre PSPO covers begging, and the consumption of alcohol in public places where this is leading to behaviour that is causing a disturbance.

 

2.5     The PSPO was introduced to cover this issue, as it was felt that the previous DPPO banning alcohol consumption in public was not effective, as it could only lead to the alcohol being seized rather than the tackling the behaviour being exhibited. In effect, the person could acquire additional alcohol and continue with the same course of conduct. Whereas the PSPO is able to deal with the behaviour by way of a warning or fixed penalty notice, as well as seizing the alcohol††† †

 

2.6     In the period up to November 2018, following the introduction of the PSPO, there were 34 offences recorded in relation to the PSPO against 18 individuals. Three of those resulted in the matter being brought to the Magistratesí Court. Since that time, no further cases have arisen that have required a prosecution at Court.†

 

2.7     Following the implementation of the Councilís rough Sleeper Outreach Service, the combined efforts of the Councilís teams and other partners reduced the harm being caused by persons associated with entrenched street homelessness. As a result, recorded action under the PSPO significantly reduced, as the impact and threat of the PSPO had achieved its aim.

 

2.8     When members of the public are acting in contravention of the PSPO and challenged to desist from that behaviour or face being sanctioned under the PSPO most persons comply. However, this outcome is not recorded and does not therefore empirically evidence the effectiveness of the PSPO.

 

2.9     In terms of overall activity, the following table demonstrates the types of issues managed by the Community Protection Team in 2021/22 (to date)

 

 

2.10  ††In line with the adopted Enforcement Policy, the Community Protection Team adopts an approach of working with people in the first instance to inform and encourage change in negative behaviour. If this cannot be achieved, then the approach escalates from warning to enforcement. Innovative use of the Community Protection Warning very often has the desired outcome when compliance through persuasion proves ineffective.

 

2.11  In the vast majority of cases the Community Protection Warning is sufficient to modify behaviour to an acceptable level. The tables below demonstrate this approach by illustrating that a large number of Community Protection warnings are issued but fewer result in a Community Protection Notice.

 

 

 

 

2.12  †In terms of how this activity compares with our nearest CIPFA comparison local authorities the tables below set out both community protection warnings and community protection notices during 2020/21.

 

 

 

 

 

 

 

 

 

 

Table A. Community Protection Warnings issued.

 

 

Table B. Community Protection Notices issued.

 

2.13  †This suggest that MBC takes a more innovative approach to the use of the Community Protection Warnings and as a result this is quite effective. This would explain the relative low number of Community Protection Warnings then are ignored an then become Community Protection Notices.

 

 

3.   AVAILABLE OPTIONS

 

3.1     To note the report to help inform debate on the Councilís approach to tackling anti-social behaviour.†

††

 

4.        PREFERRED OPTION AND REASONS FOR RECOMMENDATIONS

 

4.1     To accept the recommendation in Paragraph 3.1 above.

 

 

5.       RISK

5.1    Assess if within the councilís risk appetite and any mitigating actions proposed if needed.

 

6.        REPORT APPENDICES

 

         Appendix 1: Community Protection Team Range of Responsibilities.