Issue - meetings

Anti-Social Behaviour, Crime & Policing Act 2014: Fixed Penalty Notice Charges for Non-Compliance with Community Protection Notices

 

 

Meeting: 21/03/2017 - Cabinet (Item 71)

71 Anti-Social Behaviour, Crime & Policing Act 2014: Fixed Penalty Notice Charges for Non-Compliance with Community Protection Notices pdf icon PDF 250 KB

(Cabinet Members with Special Responsibility Councillors Hughes and Leytham)

 

Report of Chief Officer (Health & Housing)

Additional documents:

Minutes:

(Cabinet Members with Special Responsibility Councillors Hughes and Leytham)

 

Cabinet received a report from the Chief Officer (Health & Housing) to seek decisions for the level at which Fixed Penalty Notice (FPN) charges will be set for failure to comply with Community Protection Notices under the Anti-Social Behaviour, Crime & Policing Act 2014.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

 

 

Option 1: Set FPN at £100 to be paid within 21 days (with no early payment reduction).

Option 2: Set FPN at £100 (with an early repayment reduction to £65 if paid within 14 days)

Option 3: Set FPN at a lower level (to be decided by Cabinet)

Option 4:

No FPN level set.

 

 

Advantages

 

·     Aligned with levels set by the majority of Lancashire councils noted in this report.

 

·     The £100 maximum level of fixed penalty charge would provide the maximum deterrent effect.

 

·     Demonstrates that the council is maximising impact of FPNs.

 

 

 

·      Consistent with Lancaster PSPO & Dog-related FPNs.

 

·     The £100 maximum level of fixed penalty charge would provide the maximum deterrent effect.

 

·      Policy of offering early payment reduction would be aligned with a minority of Lancashire councils.

 

·      Demonstrates that the council is maximising impact of FPNs but offering a less costly option to avoid further action.

 

 

 

·      More people might opt to pay a lower level of penalty rather than risk being prosecuted.

 

 

·    There is no obligation to issue FPNs for breaches of CPNs. Section 52 of ASBCPA 2014 states that an authorised person ‘may’ issue a FPN.

 

 

Disadvantages

 

·     Inconsistent with PSPO & Dog-related FPNs as both offer early payment discount.

 

·     Could result in higher levels of non-payment, substantially increasing the amount and cost of prosecution work.

 

 

 

 

 

 

·     Lower deterrent effect than would be provided by a higher level of charge.

 

·     Inconsistent with both existing PSPO and levels set by other councils in Lancashire.

 

 

 

 

Risks

 

·     Could be perceived as ‘harsh’ compared to the councils identified as having set a lower level or an early payment reduction

 

·     Resources tied up in prosecutions due to non-payment.

 

 

·      Council could be criticised for offering a ‘cheap’ way out of formal action.

 

• Council could be criticised for offering a ‘cheap’ way out of formal action.

 

Completely undermines the purpose of the legislation and would make to issuing of CPNs redundant.

 

The officer recommendation is Option 2 - that the level of charge for Fixed Penalty Notices issued for breach of Community Protection Notices under the Anti-Social Behaviour, Crime & Policing Act 2014 is set at £100 payable within 21 days, and that the amount payable is reduced to £65 if payment is received within 14 calendar days of the date of issue.  This level of charge would provide the greatest deterrent available which complements the approach the council is taking to tackle ASB, whilst retaining an incentive to pay the FPN (and therefore avoid resource intensive court proceedings). 

 

Setting the level of penalty charge for non-compliance with a CPN at the highest level available would:

 

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