Community Protection Notices (CPN’s) were introduced under the Anti-Social Behaviour Act 2014. They are there to deal with conduct that is causing anti-social behaviour and can be issued to -
- any individual over the age of 16
- businesses
- organisations
Community Protection Notices are designed to deal with conduct taking place. This is where it is -
- having a detrimental effect on the quality of those in the locality
- of a persistent nature
- unreasonable
CPN’s can be served by us, as well as by -
- police officers
- police community support officers (PCSO’s)
- social landlords if designated by us
There are no restrictions in legislation on the types of behaviour CPN’s can be used to deal with. Examples of behaviour can include -
- untidy land
- noise issues
- street litter
- nuisance vehicles
- waste and litter problems, associated with households and businesses
- troublesome tenants
- persons who are causing -
- alarm
- distress
- harassment
- irresponsible landlords
Community Protection Warning
Before the decision to issue a CPN, persons, businesses or organisations, will be given a formal written warning. It is legally called a Community Protection Warning (CPW). This may be because the persons are causing persistent detriment to the local area.
The purpose of any CPW is to give a warning. It warns that a CPN will be issued unless the conduct described changes. It needs to stop having a detrimental effect on the quality of life in the area.
A CPW will confirm that should a breach of any CPN take place this would be a criminal offence.
The amount of time required between a CPW having to be issued and a CPN would be determined on a case-by-case basis.
A CPN issued will list the following requirements -
- detail the conducts taking place
- the requirements to stop doing something specified and to do some specified action
- to take reasonable steps to achieve a specified result. This is aimed at preventing the effect of unacceptable conduct continuing. Or, it aims to prevent the likelihood of it recurring
- confirm any breach of the CPN is an offence
- explain what may happen should any breach of a CPN take place
- detail rights of appeal
Penalties
If any CPN issued is breached, this is an offence and may result in one or more of the following actions being taken -
- fixed penalty
- items used in commission of any offence being forfeited, or seized
- the council executing remedial works in default of the other person. Any costs and expenditure incurred will be recovered. This may be placed as a Local Land Charge until paid, or otherwise recovered through the courts
- prosecution and a maximum penalty of £2,500 or in the case of any business or other such body £20,000
Appeals
- a person issued with a CPN can Appeal to a Magistrates' Court with 21 days of service of the notice
- while an Appeal is pending, positive requirements to do specified things are suspended. Any requirements stopping a person from doing specified things continue to have effect
- a person who failed to follow a CPN can Appeal to the Magistrates' Court. This must be within 21 days of been giving notice of a charge for works carried out if they think it is excessive