Environmental Crime and Antisocial Behaviour Policy

Advice  

Advice on how to comply with the law, statutory requirements and / or Council policy, typically following a request for advice, a programmed inspection or complaint.   

Public Space Protection Order (PSPO)  

In October 2017 North Tyneside Council introduced Public Space Protection Orders (PSPOs) in the borough.  This followed a public consultation exercise that took place over during summer 2017. 

The PSPOs relate to the priorities of the Our North Tyneside Plan where our places will be: 

• great places to live, and attract others to visit or work here
• clean, green, healthy, attractive and safe 

PSPOs are designed to tackle activities that have had, or are likely to have, a detrimental effect on the quality of life of local communities. The power to make PSPOs has been brought about by new anti-social Behaviour legislation. 

Our PSPOs relate to dog control and the consumption of alcohol in public spaces in the borough that we know are areas of key concern for our residents.   

The order is a borough wide legislation and is reviewed every 3 years.  It is a criminal offence, without reasonable excuse, to breach the terms of a PSPO and prosecution of the offender could happen.   

As an alternative to prosecution, a Fixed Penalty Notice (FPN) can be issued.  In that instance, a person served with an FPN will have 21 days to pay the fixed penalty of £100. If the FPN is paid within 14 days, the fixed penalty will be reduced to £75. 

Fixed Penalty Notice (FPN) 

North Tyneside Council uses Fixed Penalties to tackle 

• Irresponsible use of Alcohol in a public space
• Dog controls, such as dog fouling, dog restriction zones and dogs on leads
• Littering
• Fly Tipping 

Civil Injunctions 

The injunction under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 is a civil power to deal with anti-social individuals. The injunction can offer fast and effective protection for victims and communities and set a clear standard of behaviour for perpetrators, stopping the person’s behaviour from escalating. 

Although the injunction is a civil power, it is a formal sanction and in appropriate cases professionals will want to consider whether an informal approach might be preferable before resorting to court action, especially in the case of under 18s. However, where informal approaches have not worked or professionals decide that a formal response is needed, they are free to apply to the court for a civil injunction. 

Warning Letter-Community Protection Warning (CPW) 

Warning that recurrence or continuation of an infringement will result in legal action.  These are voluntary and non- compliance has no direct legal penalty. 

Community Protection Notice (CPN) 

The CPN is an enforcement tool that can be used by the Council or the Police to deal with problems of reported anti-social behaviour. It is a statutory notice that can be served by enforcement agencies with requirements to stop things, do things or take reasonable steps to avoid further anti-social behaviour. 

A Community Protection Notice can be served on any person aged 16 or over, or a body, including a business. 

The use of a CPN is a discretionary power. To issue a notice the enforcing agency must be satisfied that the following tests are met and the behaviour in question must be: 

• Having a detrimental effect on the quality of life of those in the locality
• Persistent or continuing in nature
• Unreasonable 

Before issuing a notice, the relevant agency must first issue a written warning stating what the alleged anti-social behaviour is and give a reasonable time for it to stop.  If a CPN is not complied with the Council and the Police have the following enforcement options: 

• Issue a Fixed Penalty Notice (FPN); Maximum penalty £100 although there is discretion on setting the amount charged and possibly to set a lower charge if the FPN is paid early in a similar way to the other FPN notices issued. If this is accepted and paid, then this discharges the liability for prosecution
• Bring a prosecution (except where an FPN is issued and paid)
• Carry out remedial works (on land open to the air). This option is not available to Police 

The Police can use these notices for anti-social matters that come to their attention. Within North Tyneside Council the powers are most likely to be used by Officers to deal with matters that are currently already reported to them, but for which existing legislative controls are not either appropriate or proportionate. For example: 

• Rubbish in gardens
• Low level noise (which does not fall within the definition of statutory nuisance
• Bonfires
• Litter
• Persistent straying dogs 

It is possible for local Authority’s to delegate power to issue CPN’s to others, for example social landlords, although this part of the legislation is not yet enabled. Further consideration of this option is needed.   

Closure Notice and Closure Order  

A Closure Notice relates to any premises regardless of whether it is Council or privately owned. The Notice lasting up to 48 hours can be issued by the Police or Local Authority in consultation with Law and Governance (the Council’s in-house legal service). 

If such a Notice is to be issued, it will be because there is or likely to be: 

• Nuisance to the Public, or,
• Disorder near the premises 

Thereafter a Closure Order of up to 3 months can be applied for in the Magistrates Court. 

Prosecution  

North Tyneside Council will look to use court prosecutions for non-payment of Fixed Penalty Notices. 

Possession (this refers to social housing only)

Possession of a property (eviction) is something North Tyneside Council will look to use where it is proportionate and reasonable and where all other action has failed to stop the anti-social behaviour. 

These orders are only granted by the courts.   

Absolute Ground for Possession (this refers to social housing only for NTC) 

This is a brand-new tool to possess and secure assured tenancies where ASB or criminality has already been proven in court or the tenant’s property has been closed for more than 48hrs under a Closure Order. Social Landlords are most likely to be the users of this tool but is available to any landlords. 

Dispersal Power 

The Police now have the power with an inspector’s authorisation to remove a person or persons likely to commit or are committing ASB, crime or disorder from an area for up to 48 hours. This tool carries the power to confiscate items used, or likely to contribute to the behaviour. This is a Police power which could lead to a request for a Public Spaces Protection Order in problem areas to deal with specific issues. 

Criminal Behaviour Orders  

These can be applied for when a person has been convicted of a criminal offence and has engaged in behaviour that has caused, or is likely to cause, harassment, alarm or distress, and the court believes that making the order will help prevent the offender from engaging in such behaviour. 

Criminal Behaviour orders can only be applied for by the Police however this will be in consultation with North Tyneside Council. 

Community Remedy 

This gives victims a say in the out-of-court punishment of perpetrators for the lowlevel crime and ASB. The Police will use this (restorative justice) to deliver a conclusion that a victim has agreed to. The Police and Crime Commissioner (PCC) is responsible for setting the criteria, developing the documentation for the Police and possibly others to use. 

Community Trigger 

The Community Trigger gives victims and communities the right to a review of actions taken, where there is an ongoing problem of reported anti-social behaviour but feel it has not been resolved appropriately. Anyone can request a Community Trigger. If the following criteria are met the trigger will be actioned; 

• Victim has reported a minimum of 3 incidents of ASB within a six-month period
• The victim feels that at least one of these incidents has not been dealt with adequately
• None of the incidents are on-going 

Any individual or group from the same community can ask for a trigger to be actioned.  

Our ambitions 

Prevent and deter 

We will: 

• Support the development and delivery of pre-tenancy training ensuring that new tenants are aware of their responsibilities in terms of crime and antisocial behaviour (social housing only).
• Maximise partnership opportunities to provide diversionary activities aimed at preventing crime and anti-social behaviour and encouraging responsible citizenship, particularly for young people.
• Promote mutual respect, an awareness of the needs of others, and a sense of civic pride.
• Build on our success with partners to reduce the opportunities for crime and anti-social behaviour including the use of CCTV, hot spot analysis and response and identification of emerging trends.
• Promote positive outcomes and make sure individuals and communities are re-assured by our actions.  Increase public confidence in our services through effective communication messages and campaigns that use effective methods of communication.
• Strengthen our communications plan to increase confidence in our service, improve the perception of ASB in our communities and reduce stigma through effective communication messages. We will also ensure that it includes hard to reach communities.
• Increase the opportunities for joined up partnership community safety communications messages.
• Explore how we can work with the Probation Service and prisons to reduce re-offending in our communities. 

Intervene swiftly 

We recognise that crime and anti-social behaviour undermines the quality of life for individuals, families and communities and we are committed to the provision of a victim centred approach to anti-social behaviour ensuring victims are at the heart of our service and are able to access high quality advice, victim care and support. 

We will not hesitate to take enforcement action when necessary and we will continue to ensure that our response is robust and effective using all the tools and powers available to us, targeted to serious and persistent incidents of anti-social behaviour and criminality that can blight our communities if left unchallenged. 

We will: 

• Deliver a victim centred approach to case management which focuses on the harm and impact an incident of crime or anti-social behaviour has on victim(s).
• Provide high quality victim care and support, making sure that victims have confidence in our service and are kept in regularly informed about the progress and outcome of their case.
• Provide additional support to victims who are vulnerable or repeat victims of anti-social behaviour or hate crime.
• Ensure our response to tackling noise nuisance is robust and victim focused and that the appropriate tools and guidance is available to effectively tackle neighbour noise nuisance with confidence.
• Drive high levels of customer satisfaction and listen to feedback about us and our services.
• Make swift and effective use of ASB tools and powers by working in partnership with Community Protection to deliver enforcement interventions, make sure that the services provided by Community Protection meet the needs of our residents and communities.
• Ensure our workforce has the skills and knowledge required to deliver an effective victim centred anti-social behaviour service.
• Work closely with our colleagues in Risk Management to ensure any health and safety risks are mitigated and that robust procedures are followed for reporting and dealing with violent incidents that affect our employees.
• Offer support through our volunteer victim support Officers and dedicated victim support officer.
• Drive confidence in our service by reviewing and publicising the minimum standards people can expect if they become a victim of anti-social behaviour. 

Positive partnerships 

• Work with Community Protection and Police to take swift and effective enforcement action utilising the tools and powers available across the partnership.
• Work in partnership with the Fire and Rescue Service to prevent and remove opportunities for arson to occur, educate residents on home safety and provide interventions to remove or prevent the development of fire setting behaviour.
• Use a multi-agency problem solving approach, based on people, places and premises to develop local solutions to ASB, crime and community safety issues.
• Continue to work with our colleagues within Adult and Children’s services to support families with complex and multiple needs.
• Participate in partnership Community Trigger case reviews where victims have activated the trigger where they feel their reports of anti-social behaviour have not received an appropriate response.
• Continue to strengthen our links to probation services in order to provide better support to ex-offenders and to prevent the cycle of re-offending.
• Strengthen our links with the voluntary sector organisations that contribute to the community safety agenda, from victim and witness support to supporting perpetrators of anti-social behaviour to change their behaviour.     

Make a stand 

We are committed to making a stand against serious and violent crime, drugs, domestic abuse and hate crime within our communities in partnership with the Police. 

We remain committed to challenging and tackling the effects that drug use, drug dealing, gang culture, youth violence and serious and organised crime can have on our communities. We will continue to take the toughest possible stance against drug offences and violent crime, including knife crime on our estates. 

We will: 

• Work in partnership with Northumbria Police, to take the toughest enforcement action against perpetrators of drug, violence and knife crime related tenancy breaches.
• Take robust tenancy enforcement action against cannabis cultivation in our home’s and communities.
• Work with Police to tackle and respond to knife crime and serious violent crime in our communities.
• Support residents to report concerns about drug use and dealing to the Police in order to support the Police to build intelligence to take action to disrupt the supply and use of illegal drugs. 

We will: 

• Work with partners to strengthen our approach to protect vulnerable adults, tackle modern-day slavery, FGM, victims of scams and cybercrime, adults with mental health issues, homelessness and victims of serious violence.
• Work with partners to protect vulnerable children, victims of criminal exploitation, gangs, County Lines, crimes involving weapons, child sexual exploitation and those with mental health issues.
• Strengthen our relationship with the Police Burglary Reduction Team to make sure our properties are safe and secure, and victims of burglary supported. 

Hate Crime 

Whilst the Authority have a stand-alone policy for this matter, we will continue to ensure that: 

• We offer an enhanced level of support to victims of hate crime and working with partners, take the toughest action against perpetrators of hate crime.
• Raise awareness and increase reporting of hate crime and make clear that hate crime, mate crime, harassment and bullying in all forms, including cyber bullying is not acceptable and encourage responsible use of social media.
• Develop innovative approaches to prevention of hate crime incidents and raise confidence in the services provided. 

Great place to live work and visit 

We are committed to making sure our communities are safe and attractive places where people want to live, work and visit. We recognise the strong the link between high quality, safe and sustainable communities and satisfaction with the neighbourhood as a place to live. We recognise that poorly maintained neighbourhoods can act as a catalyst for crime and anti-social behaviour and we encourage our workforce to keep their eyes open and to proactively report issues affecting our estates. Our decent neighbourhood programme is at the heart of our work to improve the safety, attractiveness and design of estates. 

We will: 

• Encourage all our employees to identify and report issues on our estates and privately owned areas and public spaces.
• Respond to priority areas and develop targeted actions plans to tackle environmental anti-social behaviour such as dog fouling, littering and fly tipping by undertaking analysis of hotspot areas.