Peace at Last! Safer Portsmouth Partnership work together to enforce new ASB legislation

NTRC

Today Safer Portsmouth Partnership’s application to Portsmouth Magistrates Court to close 49 King Albert Street for persistent and prolonged anti-social behaviour was granted.

This is the first time a premise closure has been sought and approved by Portsmouth City Council (PCC) using the new powers provided under Anti-social Behaviour Act since it came into force on 1^st December 2008. It is only the second premise closure in Hampshire and the sixth in the UK under this recent amendment.

Previously premise closures could only be obtained if Class A drugs and anti-social behaviour could be proven in court. This amendment allows local authorities or police, in consultation with each other, to close a premise due to persistent and prolonged anti-social behaviour irrespective of class A drugs being found. Applications can be made for properties being closed for up to 6 months.

49 King Albert Street is a one-bedroom ground floor council-flat in Fratton. It will be closed for three months giving immediate respite to the residents who have been suffering from this nuisance for over three months. Eye-witness and video evidence detailed -

· large groups of up to 12 teenagers entering and leaving the address

· loud music being played throughout the day and night

· large groups of teenagers fighting

· under-age drinking

· kicking the front door down

· intimidating the neighbours

One witness, who lives in a neighbouring house, stated he felt so intimidated by the behaviour he did not feel safe to use his own front door and would only use the back door to his property.

This action would not normally the tenancy but aims to stop the anti-social behaviour occurring as it prohibits those who are causing the problems to access the property. However in this instance, the tenant Dianne McCafferty has terminated her Council tenancy with immediate effect.

Over the course of Ms McCafferty’s tenancy, Portsmouth City Council has been working closely with the police, social services, environment & public protection, Housing and the Anti Social Behaviour Unit to try to resolve these issues and has made her numerous offers of support and advice. However she has continually failed to engage with services and the anti-social behaviour has not only continued but escalated.

Councillor Jason Fazackarely, Cabinet member for Community Safety said: “I am satisfied that the appropriate action has been taken in this case to protect our communities that have been suffering horrendous nuisance in recent months. On numerous occasions, attempts to engage Dianne McCafferty to resolve these issues and support her has ultimately failed to stop the behaviour. Therefore as a local authority we have a duty to tackle and not tolerate this behaviour and taken the opportunity to use these new powers to close the property. This action is not taken lightly, but clearly the behaviour here is unacceptable and we hope this gives a clear message for others in our community that this type of nuisance will not be tolerated.

PC Kerry Littleales, Anti-Social Behaviour Co-ordinator said: “Hampshire Constabulary fully supports Portsmouth City Councils actions in this premise closure order and have worked closely with the council to bring about this action.

49 King Albert Street has been the source of a disproportionately high number of calls to the Police to deal with anti-social behaviour, noise nuisance and fights, but at times our actions have been hampered by residents being too fearful to make formal complaints.

The closure of this flat for the next three months will be a welcome respite to the those long suffering residents and sends out a strong message to the people of Portsmouth that this sort of behaviour, no matter in what sort of property you reside, will not be tolerated by the police or Portsmouth City Council.

Gerry McDougall Housing Services Anti-Social Behaviour Co-ordinator said: “49 King Albert Street is a Portsmouth City Council (PCC) property within a predominantly PCC housing estate. As responsible landlords, PCC Housing Service always attempts to help tenants keep their homes before considering last resort actions such as eviction or premise closure. However when a tenant fails to co-operate with all the support offered, enforcement action will be considered. PCC Housing is committed to take tough legal action to stop the nuisance and protect the community. …

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