EHJ July 2003, pages 196-197 Sue Blakeley looks at the Government's stand against anti-social behaviour as part of the crime and grime agenda

In March 2003, the Home Office published the white paper Respect and responsibility - taking a stand against anti-social behaviour as a response to anti-social behaviour, including noisy neighbours, drug dealing, begging, abandoned cars, littering and intimidation by youths. The Government's long-term aim is to develop a society where there is understanding that the rights we enjoy are based in turn on the respect and responsibilities we have to other people and to our community.

Respect and responsibility set out the Government's current approach to tackling anti-social behaviours using: increased policing; the creation of community support officers and neighbourhood wardens; the creation of crime and disorder reduction partnerships; the use of anti-social behaviour orders (ASBOs); and fixed penalty notices issued by the police for disorder offences.

The effects of anti-social behaviour are most visible when the results of that behaviour ruin public places, including shopping areas, town centres, streets and gardens. Where public places suffer from neglect, there is inevitably an increase in graffiti, littering and vandalism, which deters people from moving around a local area free from the fear of crime. There are two elements to the Government's drive to tackle anti-social behaviour in public places: enforcing local standards and tackling the abuse of the environment that make public places a focus for anti-social behaviour and crime; and tackling intimidating and offensive behaviour. The enforcement of local standards includes the following regulatory functions:

NOISE NUISANCE

The white paper considered that daytime noise enforcement was effective, but that night time regulation was inadequate. A new power to issue a £100 fixed penalty notice after the elapse of a 10-minute warning period was proposed. Failure to pay the fixed penalty notice would lead to seizure of the relevant sound equipment causing the noise nuisance. Further enforcement action including injunctions, evictions from tenancies and use of anti-social behaviour orders (ASBOs) should be used for the worst cases.

Environmental health officers have a key part to play in the management, protection and enhancement of public environments and the white paper stated that: "They possess the relevant training experience and technical skills to assess whether a noise or nuisance is 'actionable' under the appropriate legislation. Consequently, where anti-social behaviour involves a noise or nuisance element, environmental health professionals are likely to have a pivotal role in its successful resolution". Thus, the white paper proposed that EHOs be given the powers to shut down establishments, with immediate effect, including pubs and clubs, where closure is necessary to prevent nuisance by noise that they create.

FIREWORKS

The white paper supported a private members bill that is currently passing through Parliament that will review all the rules and regulations governing fireworks and introduce a more effective regime. From 1 January 2003, the firework industry introduced a voluntary ban on "air bombs" as these noisy fireworks have contributed significantly to noise nuisance.

GRAFFITI AND LITTER

A new power has been created to make it an offence to sell spray paints to young people aged under 18 years of age, and the police have been given new powers under the Criminal Justice Bill to search for items which they suspect may be intended for use in causing criminal damage, such as spray paints. Local authorities are encouraged to set up "hot lines" to respond to complaints quickly.

FLY-TIPPING

It proposed that local authorities be given the powers to investigate fly-tipping and to stop, search and seize vehicles being used for this purpose, so that they can deal with small-scale fly-tipping. Previously, the Environment Agency (EA) held these powers. Following amendment to the legislation, both agencies will be empowered.

ABANDONED VEHICLES

The Government has already taken steps to deal with abandoned vehicles by:

• reducing the notice period for removal from seven days to 24 hours;
• electronically linking the Driver and Vehicle Licensing Agency (DVLA) to local councils to trace vehicle owners quickly;
• placing responsibility on the registered keeper of a vehicle to tax and licence a vehicle; and
• giving some local authorities DVLA powers to clamp and remove untaxed vehicles (eg Newham, Hastings, Wandsworth and Croydon).

LOCAL PROBLEM, LOCAL ACTION

The white paper set out the key elements of effective local action as:

• clear local leadership, through crime and disorder reduction partnerships, to
  identify local anti-social behaviour problems and to bring local agencies together to tackle them;
• clear local standard on types of anti-social behaviour that will be not tolerated;
• support for local people who come forward with information; and
• an understanding that the local authority, housing associations, police and other agencies are accountable to local people for the way in which anti-social behaviour is dealt with.

EFFECTIVE ENFORCEMENT

The Anti-Social Behaviour Bill, introduced in the House of Commons in March (see page 198), will increase the use of fixed penalty notices and enable local authorities to retain fines that are currently forwarded to Government. Fixed penalty notices will regulate many environmental crimes, including fly-posting and graffiti. It is proposed to pilot the fixed penalty notice scheme for disorder offences to 16 - 17-year-olds who will be made responsible for paying their own fines. These fixed penalty notices are administered by the police.

The Government also continues to promote the use of ASBOs, civil orders that exist to protect the public from behaviour which causes harassment, alarm or distress. ASBOs can prohibit an offender from a specific anti-social act or from entering a defined area for a minimum of two years. Breach of an ASBO carries a maximum penalty of five years in prison.

The Government recognises a need to increase recovery of fines and proposes using the Courts Bill, currently before Parliament, to:

• provide a discount for prompt payment;
• register fines with registry of judgements (this affects a person's ability to gain credit);
• order clamping of a vehicle;
• authoritise bailiffs; and
• order deduction from defaulters pay or benefits.

Such new and revised legislation presents new challenges to all environmental health practitioners. The need to work with a range of agencies to improve the local environment provides an exciting opportunity for EHOs to deliver effective enforcement and to bring about significant local improvement to local neighbourhoods. While EHOs will not necessarily be the people enforcing environmental crime legislation, they are likely to be leading on planned enforcement action and providing expert technical direction.

Sue Blakeley is head of district services at Birmingham City Council. The views expressed in this article are those of the author, and not necessarily those of her employers.