Community Protection Notice Public Space Protection Order

Transcription

1 Community Protection Notice Public Space Protection Order David Pattison Director of Legal and Public Health Protection Maggie Quinn Partnership Locality Manager Helen Mitchell Staffordshire Police

2 Rationalisation of existing powers Litter Clearing Notice Street Litter Clearing Notice Graffiti/Defacement Removal Notice Designated Public Places Order Gating Order Dog Control Order ASBO Premises Closure Order Crack House Closure Order Noisy Premises Closure Order Section 161 Closure Order Community Protection Notice (CPN) Public Space Protection Order (PSPO) Closure Powers

3 Community Protection Notice To stop a person aged 16+, business or organisation committing anti social behaviour which spoils the community s quality of life Power for Council and Police

4 Test Has a detrimental effect of quality of life for people locally Be persistent in nature Be unreasonable

5 Written warning: Indicate CPN will be issued unless behaviour stops Outline anti-social behaviour Allocate time frame for behaviour to stop or be rectified Include potential consequences of breaching a CPN

6 Detail of the CPN Must include the anti-social behaviour which has caused the CPN to be issued Include any or all of the following: To stop doing specific thing To do specific thing Take reasonable steps to achieve desired result

7 Owner/Occupier ASB on, or affecting premises that a particular person owns, leases, occupies, controls, operates or maintains is considered to be conduct on that person CPN can be posted on premises if the location of the owner is unknown

8 Consultation South Staffordshire Council (is is a statutory nuisance?) Issuing authority will determine who is appropriate Community and partners to determine issue and most appropriate solution

9 Failure to comply Fixed Penalty Notice up to 100 Council undertake remedial works and informs owner of costs external without owner s consent internal with owner s consent Seize items Contempt could lead to custodial sentence and/or up to 2000 fine

10 Appeal Process In magistrates court within 21 days of issue Prohibition remains in place but not requirements Remedial work costs

11 Examples from you as to where you think a CPN could be used

12 Public Spaces Protection Order To stop individuals or groups committing anti-social behaviour in a public place Power for Council after consultation with police, PCC and other relevant bodies

13 Test Has a detrimental effect of quality of life for people locally Be persistent in nature Be unreasonable

14 Restrictions / requirements: Set by South Staffordshire Council as part of long term problem solving plans to prevent / reduce detrimental effect Used on any public space within the district (includes any place to which public has access, on payment or otherwise)

15 Restrictions / requirements: Restrict alcohol consumption (except where premises licensed to sell alcohol) Restrict dogs and their owners (but need to consider alternatives for dogs to be exercised)

16 Consultation Draft wording of PSPO on council website prior to Order being made With local police Inspector, OPCC and appropriate bodies e.g. residents asstn) Owner/occupier of land Highways Authority (if there is a restriction of access)

17 Publication Identify anti-social behaviour Timescale of Order Sanctions if breached Signage must be placed in the area of the Order once made

18 Timescales and Alterations Up to 3 years but: can be varied at any point to change size of area, restrictions and requirements - with consultation Can be withdrawn at any time notification on website and in local area

19 Failure to comply Fixed Penalty Notice up to 100 Criminal offence

20 Appeal Process To the High Court

21 Examples from you as to where you think a PSPO could be used

22 How can you help us? Evidence Report when behaviour is occurring Report what the behaviour is Report what effect behaviour is having on the community