Issue - meetings

Report of the Chairman of the Constitution Committee.                (Enclosure)

Decision:

That the Council approves the following changes to the Constitution:

1.1       Powers Delegated to officers

Amendment of the Constitution to delegate to the Executive Manager Environment (formerly Operations Director) and the Head of Housing and Neighbourhood the authority to use the powers set out in the Anti-social Behaviour, Crime and Policing Act 2014  (which comes into force  on 20th October 2014), as follows:

·         Constitution – Part 3 Operations Director  – ‘Waste Services’  -amend to Executive Manager Environment and at paragraph 1,  after “...in respect of the following statutes” insert:-

“including the provisions as provided and amended by the Anti-Social Behaviour, Crime and Policing Act 2014”

·         Constitution – Part 3 – Operations Director ‘Waste Services’  - amend to Executive Manager Environment and at the end of paragraphs 3,4 and 5 insert:

“as provided and amended by the Anti-Social Behaviour, Crime and Policing Act 2014”

·         Constitution  – Part 3 – Operations Director – amend to Executive Manager Environment and at  ‘Community Safety’ remove paragraph 1 and replace with:

“Authorised and to authorise officers to exercise any of the powers in relation to anti-social behaviour as set out in the Anti-Social Behaviour, Crime and Policing Act 2014 (and any amendments) and authorised to delegate power to officers and  Lincolnshire Police (including Police Community Support Officers) to issue Fixed Penalty Notices on behalf of the Council.”

·         Constitution – Part 3 “Head of Housing & Neighbourhoods”  at the end of  paragraph 12 insert:

“including the  provisions as provided  and  amended by the Anti-Social Behaviour, Crime and Policing Act 2014”     

1.2       Council Procedure Rules

Members’ Conduct - delete clause 21.7   at page 138 – ‘Recording of meetings’

1.3      Protocol Concerning the Recording of Public Meetings in the Council Chamber.

a)    At page 305 delete the words – “it is intended that Council Procedure Rules will be amended to preclude any other form of audio recording of meetings when the official system is operative.”

b)    At page 305 – paragraphs 5 and 6 – ‘Ownership’, add the words “made by the Council” after the word “recordings”

The Chairman of the Constitution Committee proposed the recommendations in report number LDS134. He explained that the recommendations that related to the Anti-Social Behaviour, Crime and Policing Act 2014; the amendments had been brought to this meeting of the Council so that delegations were in place in preparation for the Act coming into force on 20 October 2014. He informed Councillors that the legislation was designed to help officers deal with incidents more effectively and provide better protection for victims and the wider community. He also informed Members that at its meeting on 8 September 2014, the Committee also considered changes to the Constitution that were required by the Openness of Local Government Bodies Regulations 2014, which came into force on 5 August 2014 and permitted anyone attending meetings of the Council to record, film, photograph and use social media during Council meetings.

The Councillor seconding the proposition highlighted how the provisions within the Anti-Social Behaviour, Crime  ...  view the full minutes text for item 34

Report number ODES03 by the Operations Director.                     (Enclosure)

Decision:

The Constitution Committee recommends to Council the following amendments to the Scheme of Delegation contained within the Constitution following powers introduced by the Anti-Social Behaviour, Crime and Policing Act 2014 (the Act comes in to force on 20th October 2014).  Also that references to the Operations Director be changed to the Executive Manager Environment

·             Constitution – Part 3 Operations Director  Executive Manager Environment – “Waste Services” paragraph 1,  after “.....in respect of the following statues” insert:-

“including the provisions as provided and amended by the Anti-Social Behaviour, Crime and Policing Act 2014 “

·             Constitution – Part 3 – Operations Director Executive Manager Environment “Waste Services” at the end of paragraphs 3,4 and 5 insert:-

“as provided and amended by the Anti-Social Behaviour, Crime and Policing Act 2014 “

·             Constitution –  Part 3 – Operations Director Executive Manager “Community Safety” remove paragraph 1 and replace with:-

“Authorised and to authorise Officers to exercise any of the powers in relation to anti social behaviour as set out in the Anti-Social Behaviour, Crime and Policing Act 2014 (and any amendments) and authorised to delegate power to officers and  Lincolnshire Police ( including Police Community Safety Officers) to issue Fixed Penalty Notices on behalf of the Council.”

·             Constitution – Part 3 “Head of Housing & Neighbourhood”  at the end of  paragraph 12 insert :-

“including the  provisions as provided  and  amended by the Anti-Social Behaviour, Crime and Policing Act 2014”     

The Executive Manager Environment gave a presentation to the Committee about changes necessary to the Constitution following the introduction of the Anti-Social Behaviour, Crime and Policing Act 2014 which would come into force on 20th October 2014.  A presentation had also been given to the Communities PDG highlighting the proposed changes to the Anti Social Behaviour Legislation.

The Executive Manager Environment together with the Business Manager Neighbourhoods then gave an overview of the new tools and how they would replace the existing tools. The legislation was more comprehensive and the powers enabled a more streamlined approach with the burden of evidence being more civil based rather than criminal.   It was hoped that the use of the new powers would lead to a more proactive approach with action being taken in advance with a view to prevention.

The six main powers covered;

-        Criminal Behaviour Order

-        Civil Injunction

-        Community Protection Notice

-        Public Space Protection Order

-        Closure Powers

-        Dispersal Powers

Dispersal Powers were the only power only available to the Police.

Key features of each power were highlighted and examples given.  A comment was made about any resource implications but the Executive Manager Environment stated that each issue would go through the current system and would be dealt with as appropriate. Currently there was a realignment of services and a trial had been undertaken to integrate how anti social behaviour was dealt with between teams. Until the legislation had been in place for a period of time it was hard to tell the impact, it was a “learning curve” for everyone  ...  view the full minutes text for item 50