MANSFIELD DISTRICT COUNCIL
Report of Community Safety Manager
To
Executive Mayor
On
18 August 2011
CONSENT FOR EXTENSION OF DISPERSAL ORDER IN CARR BANK,
MANSFIELD
1.
SUMMARY
The Council consented to a Nottinghamshire Police application for a Dispersal Order
relating to a dispersal zone which covered the streets contained within the
boundaries of Ravensdale Road, Barringer Road, Alcock Avenue, Hibbert Road,
Windmill Lane, Sandy Lane and Newgate Lane on 28th February 2011 for a six
month period from 1st March 2011 ending on 31st August 2011. This report seeks
approval to extend the Dispersal Order for a further period of up to six months until
the 13th February 2012.
Key Decision – No
2.
RECOMMENDATION
To be Resolved by Executive Mayor
That the application to extend the Dispersal Order for the series of streets contained
within the boundaries of Ravensdale Road, Barringer Road, Alcock Avenue, Hibbert
Road, Windmill Lane, Sandy Lane and Newgate Lane as defined on the map of
dispersal zone provided in the application of Nottinghamshire Police for a further
period of up to six months which expires on 13th February 2012 be approved.
3.
BACKGROUND
3.1 The power to apply for a Dispersal Order is contained in the Antisocial
Behaviour Act 2003, Part 4. A requirement of the Act is that when applying for
a Dispersal Order, the Police must obtain the consent of the local authority
responsible for the relevant locality.
3.2 A Dispersal Order provides the police with additional powers to disperse groups
of two or more people where the officer has reasonable grounds for believing
that their presence or behaviour has resulted, or is likely to result, in a member
of the public from being harassed, intimidated, alarmed or distressed. Once
asked to disperse it will be a criminal offence for that person to return to the
dispersal area for a 24-hour period. If a young person under the age of sixteen
is stopped in the area and is not accompanied by an adult the police can escort
them to their home address if they are either at risk or vulnerable from
antisocial behaviour, crime etc or causing or at risk of causing antisocial
behaviour.
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MANSFIELD DISTRICT COUNCIL
3.3 Nottinghamshire Police has set out its case to extend the Dispersal Order in an
application dated 28th July 2011 which is attached at Appendix A. The
application is for the Dispersal Order to be in place for a period of six months
from 14th August 2011 to 13th February 2012. The dispersal zone is shown on
the map attached at Appendix B and includes the following streets: Alcock
Avenue, Austin Close, Barringer Road, Bath Lane, Bilborough Road, Blake
Crescent, Carr Bank Park, Gladstone Street, Glebe View, Hibbert Road,
Houfton Road, Kingston Road, Mossdale Road, Pickard Street, Ravensdale
Road, Sanders Avenue, Sandy Lane, Tideswell Road.
3.4 Since the introduction of the Dispersal Order on 1st March 2011 there has been
a significant reduction in reports of antisocial behaviour, equating to
approximately a 30% reduction.
However, reports of ‘rowdy nuisance
behaviour’ continue to be problematical and police intelligence is that gangs of
young people (up to 30 in number and often living outside the area and
travelling in) continue to gather outside the shops and in adjoining streets. This
has resulted in an increase in complaints by local people and employees from
the shops. Police describe the antisocial behaviour in the immediate vicinity of
the shops as ‘extensive’.
3.5
The area of dispersal zone is patrolled by police officers and neighbourhood
wardens as part of ‘Operation Animism’ on Friday and Saturday evenings. This
operation is specifically to target young people out in the community, often
drinking alcohol and gathering in groups which is intimidating for local residents
or anyone in the locality. Police and neighbourhood wardens will take details of
the young people and contact parents and carers. In some cases, this has
resulted in young people being placed on an Acceptable Behaviour Contract
(ABC) in an effort to change their behaviour.
3.6 The application includes the following information:








Details of the Dispersal Order required
Reasonable Grounds
Details and evidence of antisocial behaviour
Analysis of problem
Interventions that have already taken place
Why the order is necessary and what it is seeking to achieve
How the order pursues a legitimate aim
How the actions are proportionate to what it seeks to achieve.
3.7 It is demonstrated in the Police Application Form that the Police and Partners
are using a wide range of interventions to solve the antisocial behaviour
problems in the area. During the period of the Dispersal Order and at the date
of police application (28 July 2011) 103 people have been dispersed from the
area with no arrests being required which demonstrates full compliance with the
request to disperse. There is an active ‘Partnership Plus Problem Solving
Group’, chaired by the Neighbourhood Policing Inspector, which has a
comprehensive Delivery Plan for the area including a wide range of
interventions to tackle antisocial behaviour in Carr Bank (and Newgate) Ward.
Police are working proactively and with partners including the Council to identify
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MANSFIELD DISTRICT COUNCIL
and deal with problematic individuals as part of the Partnership Plus
enforcement plan.
4.
OPTIONS AVAILABLE
4.1
Consent to the Dispersal Order extension
The Council is required to give consent for a Dispersal Order. The Dispersal
Order will provide an additional enforcement intervention for Nottinghamshire
Police to assist in tackling a long-standing antisocial behaviour problem in the
vicinity of the Dispersal Zone.
4.2
Not consent to the Dispersal Order extension
Should the Council not give consent, Nottinghamshire Police will be unable to
proceed with the Dispersal Order.
5.
RISK ASSESSMENT OF RECOMMENDATIONS AND OPTIONS
Risk
Reputation
/
Relationshi
ps/Service
Delivery
Risk Assessment
Risk
Level
Nottinghamshire Police is Medium
a key partner and works
in partnership with the
council to reduce crime
and disorder in the
district.
There is a risk that by not
consenting
to
the
Dispersal Order, this will
have a detrimental impact
on
the
Council’s
relationship
with
the
Police.
Risk Management
The Council needs to be
satisfied that the application
by Nottinghamshire Police is
reasonable and proportionate
and will lead to the desired
outcome.
The application
provides
this
information.
Nottinghamshire
Police
process ensures that all
applications for Dispersal
Orders are approved by a
Senior Officer.
In addition local partners
and
communities
(including
business
communities)
will
perceive the Council to be
obstructing a legitimate
and useful intervention to
tackle
difficult
and
ongoing
antisocial
behaviour problems. This
may also impact on
people’s confidence in the
Council
to
tackle
antisocial behaviour.
Reputation
/
Relationshi
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The
potential
for Low
displacement of antisocial
behaviour from the main
There is a requirement for
Police to be proactive and
responsive to calls relating to
MANSFIELD DISTRICT COUNCIL
ps/Service
Delivery
6.
area to surrounding areas
has been taken into
account in the application.
antisocial behaviour issues
reported in the dispersal zone
area in order to instill
confidence in the process.
Police Officers have already
confirmed that it is reasonable
and practicable to robustly
enforce the dispersal zone as
applied for.
ALIGNMENT TO COUNCIL PRIORITIES
The proposals will assist the Council delivering the following priorities:

Reduce crime and disorder
7.
IMPLICATIONS
(a)
Relevant Legislation
Antisocial Behaviour Act 2003
(b)
Human Rights
Human Rights issues are considered when setting out the reasonable
grounds for the Dispersal Order. A Dispersal Order is only sought if it is
deemed necessary, is proportionate and if other interventions have been tried
but have not solved the problem.
(c)
Equality and Diversity
None
(d)
Climate change and environmental sustainability
None
(e)
Crime and Disorder
The reduction of antisocial behaviour is a priority for the Council and MPAC.
The Council is a key partner in the Community Safety Partnership (CSP)
known as Mansfield Partnership Against Crime (MPAC).
MPAC has
developed and is implementing a three year partnership plan to reduce crime
and disorder in the district. Dispersal Orders are a useful intervention to
tackle local antisocial behaviour problems arising from gatherings of groups of
people. They are high profile in that the dispersal zones must be advertised
to communities and demonstrate that authorities will do all they can to tackle
antisocial behaviour problems.
(f)
Budget /Resource
There are no budget or resource implications.
8.
COMMENTS OF STATUTORY OFFICERS
(a)
(b)
(c)
Head of Paid Service – No specific comments
Monitoring Officer – No specific comments
Section 151 Officer – No specific comments
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MANSFIELD DISTRICT COUNCIL
9.
CONSULTATION
There has been ongoing consultation by the police with partners, residents and
businesses over recent months. Nottinghamshire Police is able to provide copies of
letters from local businesses upon request.
10.
BACKGROUND PAPERS.
None
Report Author
Designation
Telephone
E-mail
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-
Lesley Reece
Community Safety Manager
01623 463285
lreece@mansfield.gov.uk