Issue - meetings

Report of the Director of Environment and Culture

1.      The protocol (appendix 1 of the Cabinet report) in relation to the Premises Closure Legislation for Northampton Borough Council is endorsed.

2.      The powers under Part 1A to the Anti-Social Behaviour Act 2003, as introduced by section 118 and Schedule 20 of the Criminal Justice and Immigration Act 2008, are delegated to the Chief Executive, Directors or Borough Solicitor for authorising the issue of a closure notice, consulting with the police and applying for a closure order.  It is required that on all occasions the Chief Executive or Borough Solicitor also counter sign the authorisation.

Councillor Clarke addressed Cabinet saying that he welcomed the report and the confidence it would bring to his constituents with regard to the control of anti-social behaviour. He was pleased at the recent closure of a crack house in the Castle ward.  He went on to express concern at the short term tenancies of public houses to unsuitable tenants and hoped that this strategy would assist in the closure of these badly operated premises.

For clarification, Councillor Beardsworth explained that the closure of licensed premises fell under the review process of the licensing authority and the Police Licensing Officer had certain powers to activate this.

Councillor Mildren addressed Cabinet stressing the importance of full consultation with partners, especially the police. He was concerned at the implications of maintaining benefits to persons who could be made homeless and wondered if the extent of costs could affect a decision to close a premises.  He pointed out further resource issues related to the cost of sealing properties.

Councillor PD Varnsverry, as the relevant Portfolio Holder, presented the report to Cabinet and made it clear that the closure order would be a tool of last resort.  He confirmed that this particular legislation could not be used to take quick direct action in licensed premises as there were licensing laws dealing with that. It was further clarified that there had to be robust and substantial evidence provided to support an application for a closure order. There was the additional safeguard of having all closure orders countersigned by the Borough Solicitor or Chief Executive.  He commended the report as a useful additional tool to address anti-social behaviour.

Councillor B Hoare reiterated the need for action to be taken to deal with persistent nuisance or disorder.

RESOLVED

1.      That Cabinet endorse the protocol (appendix 1 of the Cabinet report) in relation to the Premises Closure Legislation for Northampton Borough Council.

2.      That the powers under Part 1A to the Anti-Social Behaviour Act 2003, as introduced by section 118 and Schedule 20 of the Criminal Justice and Immigration Act 2008, be delegated to the Chief Executive, Directors or Borough Solicitor for authorising the issue of a closure notice, consulting with the police and applying for a closure order.  It is required that on all occasions the Chief Executive or Borough Solicitor also counter sign the authorisation.