Enforcement actions available
11.1 Advice
Advice on how to comply with the law, statutory requirements and Council policy, typically following a request for advice, a programmed inspection or complaint. Advice can also include referrals to support services such as Advocacy and Citizens Advice Bureau.
11.2 Mediation
To ensure that matters do not escalate, we may refer parties to mediation, provide advice and guidance or make any necessary referrals, however, taking these actions will be done outside of this policy and with the objective of fostering good relationships.
11.3 Public Space Protection Order (PSPO)
In October 2017 the Authority 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 for a secure North Tyneside:
- Council Wardens will work in partnership with Northumbria Police to prevent and tackle all forms of ASB.
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 ASB legislation.
PSPOs are renewed every three years. Since the implementation in 2017, the PSPO orders have been reviewed and extended in 2020, and a further three-year extension was implemented in October 2023 following a consultation exercise in which the views of the public and statutory consultees was sought. This consultation showed support for the extension.
Our existing PSPOs relate to dog control and the consumption of alcohol in public spaces across the Borough.
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.
11.4 Fixed Penalty Notice (FPN)
The Authority 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
11.5 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.
11.6 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.
11.7 Community Protection Notice (CPN)
The CPN is an enforcement tool that can be used by The Authority or the Police to deal with problems of reported ASB. 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 ASB.
A CPN 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 ASB is and give a reasonable time for it to stop. If a CPN is not complied with The Authority 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 the Authority, these 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, including North Tyneside Council tenants
- 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.
11.8 Closure Notice and Closure Order
A Closure Notice relates to any premises regardless of whether it is owned by the Authority 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 Authority’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.
11.9 Prosecution
We will look to use court prosecutions for non-payment of Fixed Penalty Notices.
11.10 Possession (this refers to social housing only)
Possession of a property (eviction) is something the Authority will look to use where it is proportionate and reasonable and where all other action has failed to stop the ASB.
These orders are only granted by the courts.
11.11 Absolute Ground for Possession (this refers to social housing only for NTC)
This is a 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.
11.12 Demotion of Tenancy (this refers to social housing only for NTC)
The Authority can apply to the court for a tenancy to be demoted where a tenant, member of their family or visitor has been involved in ASB. This will result in the tenant losing some of the key rights of a Secure Tenancy such as Right to Buy, Mutual Exchange and transfer of tenancy.
11.13 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.
11.14 Acceptable Behaviour Contracts
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.
Acceptable Behaviour Contracts can only be applied for by the Police however this will be in consultation with the Authority.
11.15 Community Remedy
This gives victims a say in the out-of-court punishment of perpetrators for the low-level 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.
11.16 Anti-Social Behaviour Case Review
The Anti-Social Behaviour Case Review gives victims and communities the right to a review of actions undertaken by agencies, where there is an ongoing problem of reported ASB but feel it has not been resolved appropriately. Anyone can request a review via the Office of the Police and Crime Commissioner. If the following criteria are met an independent review 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 an Anti-Social Behaviour Case Review to be actioned.