October 23, 2014, by offcampus
Community Protection Notices – New Legislation
Today on the blog, we’re sharing some important information from Community Protection regarding some new legislation which has come in as of Monday 20th October and which could impact upon our students living in the local community in Nottingham.
Community Protection Notices
Where there is low level anti-social behaviour being complained of, the council, housing and/or the police can issue a warning letter to the alleged offender detailing the behaviour being complained of and what remedial action the alleged offender should take to remove the anti-social behaviour (in cases of littering / fly tipping etc) or stop the behaviour from continuing (in cases of noise or causing nuisance). If the warning letter fails to curb the alleged offender’s behaviour then the council and/or the police can issue a Community Protection Notice requiring the behaviour to stop or remedial action to be taken.
Failure to adhere to a Community Protection Notice will result in the council and/or the police issuing a Fixed Penalty Notice to the alleged offender of £70 which can be reduced to £35 if paid within 10 days, or a decision may be taken to prosecute the offender if the action is deemed serious enough to warrant such enforcement.
Failure to pay a Fixed Penalty Notice will result in the council seeking to prosecute the alleged offender for the original offence committed.
The issuing of a warning and/or Community Protection Notice and/or Fixed Penalty Notice can be done along side or instead of, other enforcement action such as an application for a civil injunction which is a more immediate respite to ongoing anti-social behaviour if the actions of the offender are serious enough to warrant such action.
The Community Protection Notice does not repeal any statutory nuisance laws currently in place for example Statutory Noise nuisance. Statutory Noise action will still be taken alongside a CPN when two or more reports have been made. It is important to note that a breach of a Statutory Noise Notice can provide Absolute Grounds for Possession