Issue - meetings

To consider a report of the Executive Councillor (Communities & Sustainability)

On the 20th October 2014 the Anti-social Behaviour, Crime and Policing Act 2014 comes into power and there will be significant changes on how the Council and its partners can deal with many ASB issues.

The report provides the Executive with an overview of the Anti-social Behaviour, Crime and Policing Act 2014 and an update on progress of implementation of ASB Reforms.

The Executive is recommended to:-

·           note the new powers under the Anti-social Behaviour, Crime and Policing Act 2014,

·           note the all Member Briefing on the new powers on Tuesday 7^th October 2014 at 6.00pm,

·           note the progress of implementation of ASB Reforms,

·           delegate to the Deputy Chief Executive in consultation with the Executive Councillor (Corporate, Customer & Community Services) the authority to approve the arrangements for the carrying out an ASB review and associated procedures including determination of victim vulnerability.

·           delegate to the Corporate Director of Place Management and Regeneration the power under section 53 of the Act to designate persons to issue a community protection notice, including fixed penalty notices which will include appropriate officers of Stockport Homes.

·           determine the new level of fines for CPN Fixed Penalties offences at £90, with an early payment discount of £30.

·           allocate the fines generated through Fixed Penalties to Stockport Safer Partnership’s Restorative Justice Project SoRT-IT.

·           recommend to the Council Meeting that it agree to change the Constitution to reflect the delegation to the Corporate Director for Place Management & Regeneration.

Officer contact: Helen Boyle; 0161-474-3145, helen.boyle@stockport.gov.uk

The Executive Councillor (Corporate, Customer & Community Services) submitted a report (copies of which had been circulated) inviting the Executive Meeting to consider the proposed Council response to the provisions of the Anti-Social Behaviour, Crime and Policing Act 2014 that would come into force on 20 October 2014 and would result in significant changes to the how the Council and its partners could respond to anti-social behaviour issues.

The Executive Councillor (Corporate, Customer & Community Services) reported that since publication of the report there had been four further developments:-

·         delay to the implementation of Part 1 of the Act relating to Civil Injunctions to allow for revisions to the Legal Aid assessment criteria to account for provisions of the Act.

·         renaming of the ‘Community Trigger’ to ‘Anti-Social Behaviour Case Review’ in line with the request of the Greater Manchester Police and Crime Commissioner;

·         agreement across Greater Manchester to set the Fixed Penalty Notice at £90 with a £30 reduction for early payment;

·         national guidance recommending delaying delegating powers to non-council bodies to allow for the provisions within the Act to ‘bed-in’.

RESOLVED – That

·         the new powers under the Anti-Social Behaviour, Crime and Policing Act 2014 be noted;

·         the all Member Briefing on the new powers on Tuesday 7 October 2014 at 6.00pm be noted;

·         the progress of implementation of ASB Reforms be noted;

·         the authority to approve the arrangements for carrying out an ASB review and associated procedures including determination of victim vulnerability be delegated to the Deputy Chief Executive in consultation with the Executive Councillor (Corporate, Customer & Community Services);

·         the power under Section 53 of the Act to designate persons to issue a community protection notice, including fixed penalty notices be delegated to the Corporate Director for Place Management and Regeneration (with delegation outside of the Council subject to further national guidance);

·         the new level of fines for CPN Fixed Penalties offences be set at £90, with an early payment discount of £30;

·         the fines generated through Fixed Penalties be allocated to Stockport Safer Partnership’s Restorative Justice Project SoRT-IT; and

·         the Council Meeting be recommended to agree to change the Constitution to reflect the delegation to the Corporate Director for Place Management & Regeneration.

To consider a report of the Deputy Chief Executive.

The report provides an overview of the Anti-social Behaviour, Crime and Policing Act 2014, an update on progress of implementation of ASB Reforms, the proposed delegation to approve the arrangements for the carrying out an ASB review and associated procedures including determination of victim vulnerability, and the proposed delegation of powers to Stockport Homes.

The Scrutiny Committee is requested to:

note:

·         the new powers under the Anti-social Behaviour, Crime and Policing Act 2014,

·         the all Member Briefing on the new powers on Tuesday 7th October 2014 at 6.00pm,

·         the progress of implementation of ASB Reforms,

·         the proposed delegation to approve the arrangements for the carrying out an ASB review and associated procedures including determination of victim vulnerability,

·         the proposed delegation of powers to Stockport Homes.

comment on the level of fines for Fixed Penalty Notices for non-compliance with the requirements of a Community Protection Notice as outlined at paragraph 3.5 of the report.

Officer contact Helen Boyle on Tel: 0161-474-3145 or by email on helen.boyle@stockport.gov.uk

The Deputy Chief Executive submitted a report (copies of which had been circulated) providing an overview of the Anti-Social Behaviour, Crime and Policing Act 2014, and updating the Scrutiny Committee on the progress of the implementation of Anti-Social Behaviour (ASB) Reforms, the proposed delegation to approve the arrangements for the carrying out of an ASB review and associated procedures including determination of victim vulnerability, and the proposed delegation of powers to Stockport Homes.

The Deputy Executive Leader and Portfolio holder for Corporate, Customer and Community Services (Councillor Iain Roberts) attended the meeting to answer member’s questions.

The following comments were made/issues raised:-

·         There were other powers available to the Council in addition to the new Criminal Behaviour orders where a person had not been convicted of an offence.

·         The Scrutiny Committee noted the range of persons that would be authorised to issue a Fixed Penalty Notice including a limited number of officers of Stockport Homes

·         ‘Mandatory grounds for possession’ would also apply to Registered Housing Provider (social landlord).

·         Stockport Homes or the Council would be able to issue Fixed Penalty Notices on behalf of other Registered Social Landlords, if agreements were in place between the appropriate organisations.

·         The Scrutiny Committee questioned the rationale of setting the Fixed Penalties offence at £90 and an early payment discount of £30.

·         It was noted that although following a complaint the Council already carried out reviews of the response to that behaviour but under the new ‘Community Trigger’ a partnership response was required.

·         The Scrutiny Committee noted that the implementation of the legislation had not been costed and that no decision had been taken regarding where income generated through Fixed Penalties would be allocated.

RESOLVED – (1) That the following be noted:

·         the new powers under the Anti-Social Behaviour, Crime and Policing Act 2014,

·         the All Member Briefing on the new powers to be held on Tuesday 7 October 2014 at 6.00pm,

·         the progress of implementation of ASB Reforms,

·         the proposed delegation to approve the arrangements for the carrying out of an ASB review and associated procedures including determination of victim vulnerability,

(2)  That the Council Meeting be informed that this Scrutiny Committee would support a change to the Scheme of Delegation in the Constitution to delegate to the Corporate Director of Place Management and Regeneration power under section 53 of the Act to designate persons to issue a community protection notice, including fixed penalty notices which would include appropriate officers of Stockport Homes.