Agenda item

This report will follow in a supplementary pack after it has been published for the meeting of Executive Committee (due for publication on Friday 22 August).

The Technical Services Manager (WRS) and the Principal Officer (Planning and Environmental Crime Enforcement – WRS) presented a report on the subject of the adoption of Fixed Penalty Charge Notices (FPNs) for breaches of Community Protection Notices (CPNs).

Members were informed that WRS had assumed responsibility for planning and environmental enforcement in 2024. There were certain enforcement powers that could be deployed by the Council where non-compliance was identified. 

There was a process that needed to be followed in respect of enforcement.  Where anti-social behaviour (ASB) was identified, Officers would seek to impose a Community Protection Warning (CPW), which gave notice that an individual or organisation needed to address their behaviour. There was a high bar that needed to be met in order to issue a CPW.  Should evidence emerge that a CPW was being breached, then a CPN could be issued.  Where a CPN was breached, an FPN could be issued.

It was stated that FPNs would provide an additional tool that could be used to address poor behaviour where breaches of CPNs occurred. In some cases, it would be more appropriate to issue an FPN than to take court action. Equally, there would be no obligation to issue FPN if this was not identified as a correct course of action.

Some Members expressed frustration that they had not seen enough enforcement work undertaken in Redditch and were unsure how anti-social behaviour breaches would be enforced given the lack of capacity within WRS at the moment. It was responded that currently there were three officers dealing with enviro-crime across Redditch and Bromsgrove. It was highlighted that the WRS had issued two CPNs in Bromsgrove District and this measure was thought to be an important additional tool to officers.

Some Members questioned in what way the adoption of a fixed penalty for breaches of a CPN would lead to offenders changing their behaviour. It was explained that a CPN was served where there were reasonable grounds to believe the offender’s conduct was having a detrimental effect on the quality of life of those in the locality. Section 52 of Part 4 of the Anti-Social Behaviour, Crime and Policing Act 2014 provided that might issue a Fixed Penalty Notice (FPN) as an alternative to prosecution for breach of a CPN. In cases of lower end offences this enabled a tool to be in place that allowed a reprimand to be given to offenders without going to prosecution. In addition, it could prompt a person served with a CPN to engage with enforcement officers before the matter was escalated to the courts.

It was commented that evidence needed to be seen of how this measure could lead to behavioural changes in communities going forward and the extent to which enforcement action was being taken. In this regard it was proposed that Crime and Disorder should consider a report on the Community Protection Notice (CPN), and the effectiveness of the fixed penalty notice and the wider WRS anti-social behaviour (ASB) enforcement regime on the levels of ASB within Redditch. This proposal was seconded and on being put to the vote resolved.

RECOMMENDED that

the Council adopt a Fixed Penalty Notice Charge of £100 for failure to comply with a Community Protection Notice.

RESOLVED that

the Crime and Disorder Scrutiny Panel receive a report on the Community Protection Notice (CPN), which assesses the effectiveness of introducing the Worcestershire Regulatory Services (WRS) enforcement regime, including the fixed penalty notice referenced in the above resolution, on reducing Anti-Social Behaviour.