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How we can address Anti Social and Nuisance Behaviour

 Ashfield District Council can use a variety of tools of powers when addressing and preventing Anti-Social and Nuisance Behaviour.

We help to ensure residents, visitors and those working in the Ashfield District do not suffer any form of harrassment, alarm or distress caused by others who behave in an anti-social and nuisance manner. 

The Community Safety Team can offer support to you, this can be in relation to victims of anti-social and nuisance behaviour, survivors of domestic abuse and other complex matters such as substance misuse and child and adult safeguarding concerns. Ashfield District Council work with a wider range of agencies in order to achieve this. Should you want support in this area please let us know.

Mediation can be a useful tool in helping to resolve instances such as neighbour disputes and other types of disagreements such as noise nuisance, rubbish and waste, and behaviour relating to children. The Council believe it is important to initiate early preventative measures when dealing with such disputes as they can escalate into serious Anti-Social Behaviour if it left unaddressed. Mediation can help to resolve individual’s differences and work out how to resolve them or live with those differences.

A verbal warning or instruction maybe given by one of our uniformed or non-uniformed officers from within our team. Officers within our team have police accredited powers and may request you to modify behaviour or carry out reasonable requests as and when required, failure to do so may result in further action which may include this includes formal notices.

There will be instances where we need to advise and warn residents about their behaviour, we will send a letter informing them about their alleged acts or omissions and the impact this is creating. We may ask them to stop their behaviour or other measures, as we deem appropriate. Warning letters may be issued for a variety of reported incidents which impacts on the quality of life of others or is causing a detrimental impact to the surrounding area.

The Community Protection Warning and Notice process was introduced under the ASB, Crime and Policing Act 2014, A CPW can be issued to all tenure types for a wide range of issues including –

  • Waste on land and litter
  • Messy gardens including overgrown hedges and bushes
  • Unreasonable smells coming from a property that may or may not be in relation to illegal substances
  • Animal waste
  • Loitering in stairwells/blogs of flats
  • Congregating in specific areas
  • Threatening behaviour
  • Unreasonable Noise
  • Graffiti

The warning will request for specific requirements to be carried out which will be in relation to an act or omission.

Please note - If incidents have been reported to Nottinghamshire Police and there is a pending investigation, the police investigation will normally take precedent.

The Community Protection Notice is a ‘step up’ from a CPW and can be issued to individuals as the CPW can be issues aged 16 and above which includes businesses. The purpose of a CPN is to deal and manage with particular, ongoing problems or nuisances, which results in having detrimental effect on others, quality of life by providing formal notice and instruction to those responsible.

A CPN can be issued if the investigating officer can be satisfied, on reasonable grounds, that the conduct of an individual, business or organisation is creating a detrimental effect on the quality of life of those in the locality and is persistent or continuing in nature; and is unreasonable. The notice can be appealed in the Magistrates' Court within 21 days.

Failure to comply with a CPN is an offence and can result in a CRIMINAL CONVICTION, a maximum fine of £2500 for an individual or £20,000 for a business, or fixed penalty notice of £100. If you have be served with a Community Protection Notice or would like further information relating to this process, please contact us.

An Acceptable Behaviour Contract commonly referred to as ABC’s’ are written voluntary agreements between a person’s who has been involved in Anti-Social Behaviour (ASB) and an organisation. A number of agencies play a lead role on using ABC’s to manager individual behaviour such as local authorities and the police. They can act as a preventative measure to stop certain behaviours from continuing, and as so may require the ABC to focus on positive requirements. They are most commonly used for all age ranges and can be applied in situations such as neighbour disputes/arguments and for instances of other anti-social behaviour such as school attendance, parenting and on street anti-social behaviour. If there is a breach of an ABC this may result in further action.

An Injunction can be used to stop and or prevent someone from doing something, for example causing damage to a property or continued anti-social behaviour within a specific area or locality. Injunctions can also be applied to make an individual do something such as clear an overgrown garden or allowing specific individuals to access their property.

If someone uses such behaviour as racial harassment, or is violent to any person including instances of domestic abuse, we can take immediate action by asking the court for a ‘Without Notice’ injunction against the perpetrator. Breaching an Injunction is contempt of court, which may result in a fine or imprisonment. Injunctions could also have a power of arrest attached, this condition means that an arrest can be made and the person who has breached the injunction will be presented at court within 24 hours of the arrest.

Unless the issues are considered high, The Community Safety Team will attempt to deal with any tenancy breaches by the way of tenancy warning notices in an attempt to modify behaviour or request for actions to be carried out. Should issues be persist or reoccur the investigating officer could serve a Notice of Seeking Possession (NOSP) if you have a secure tenancy or in the instance where you are introductory tenants, a Notice of Possession Proceedings for Introductory Tenants (NOPPIT) may be served.

This is the first step in the legal process, which will illustrate to the tenant/s that court action is being considered against their tenancy. A NOSP will remain active for 12 months and is used to instigate court proceedings at any time during that period.

In certain circumstances and for the most serious forms of anti-social and nuisance behaviour, we may be able to apply for possession using mandatory possession grounds or absolute grounds for possession. If successful, this will result in you being evicted. Use of such processes as highlighted above is under the Housing Act and/or Anti-Social Behaviour, Crime and Policing Act 2014. Should you require further information relating to housing enforcement matters and anti-social and nuisance behaviour within Ashfield please Contact Us.

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The Prevention of Damage by Pests Act 1949 stipulates that local authorities are to “take such steps as may be necessary to secure so far as practicable that their district is kept free from rats and mice”. The Council may therefore enforce against the owner or the occupier of land relating to the responsible area of concern. The Council can issue such notices to both owner-occupiers and privately rented property and it will be the role of the investigating officer to determine whom the responsible persons are. The Council will seek to address matters informally in the first instance but in certain circumstances may be required to take more immediate action. Should you require further information relating to the Prevention by Damage by Pests within Ashfield please Contact Us

It is under Part 3 of the Environmental Protection Act 1990 that requires authorities to take reasonable and proportionate steps to investigate and explore matters relating to noise nuisance and take action where a statutory nuisance exists.

Should Ashfield District Council be satisfied that a statutory nuisance exists, has occurred or is likely to take place in the future the Council will serve a Noise Abatement Notice.

The notice may mandate that the nuisance to cease completely or be restricted to certain times of day. The notice can be served on the responsible person/s who then has 21 days to appeal; failure to comply may constitute an offence and may result in legal proceedings. If an individual is found guilty of an offence this could result in a maximum fine of £5000 for domestic premises.

A CBO is available on conviction for any criminal offence in any criminal court. The order is aimed at tackling and managing the most serious and persistent offenders where their behavior has brought them before a criminal court. Ashfield District Council work in partnership with Nottinghamshire Police in obtaining evidence to secure Criminal Behavior Orders for those that require them. A breach of the order is a criminal offence.

A Closure Order can be used for local authority and policing bodies to close a premise, which are being used, or are likely to be used, to commit anti-social behaviour and nuisance or criminality. This approach can be used as an effective tools to protect victims and communities by quickly closing the premises.