• Police
• Hate crime
• Six Town Housing
• RSLs (Registered Social Landlords) / private landlords
• Anti-social behaviour co-ordinator / ASBO (Anti-social behavour orders)
• Local Authority Security Service
• Environmental Services
  • Noise
• Youth Offending Team
• Contact Numbers

Introduction

Anti-social behaviour is a wide ranging term covering incidents from barking dogs and messy gardens through to vandalism, harassment and other serious criminal acts.  It is a widespread problem that can cause misery to people who simply want to get on with their lives and unless addressed can blight whole communities.  The 1998 Crime and Disorder Act defines anti-social behaviour as anyone acting  "in a manner that causes or is likely to cause harassment, alarm or distress to one or more persons not of the same household as the defendant."

Anti-social behaviour is a key concern for the residents of Bury and it is important for the Council to take proactive and effective steps to tackle it. Finding effective solutions to anti-social behaviour is not the responsibility of a single agency. It is important for local people to know who they should take a complaint to and the stages involved in resolving the complaint.

Police

In an emergency - e.g. if a serious crime is taking place or you are concerned for someone's safety - you should immediately report it to the police by telephoning 999.

Incidents of anti-social behaviour can be reported to the police if police intervention seems the most effective and appropriate way of dealing with it.  This could be if the activity is obviously criminal or threatening.  Crimes should be reported to Greater Manchester Police by telephoning 0161 872 5050. You can give confidential information about criminal activities to the Crimestoppers Helpline on 0800 555111.

The police have an Anti-Social Behaviour Co-ordinator for Bury. He can liaise with the Area Policing Teams to respond to complaints.  To take appropriate action they need specific information.  Where possible, complaints  should be sent to The Community Safety Team at Bury Town Hall.

Recent legislation, specifically the Crime and Disorder Act (1998), The Criminal Justice and Police Act (2001), the Police Reform Act (2002) and the Anti Social Behaviour Act (2003) has given the police significant powers to deal with anti-social behaviour.  It is important to bear in mind that these measures alone can rarely provide a 'quick fix' solution to problems and time and evidence is required to respond to complaints. The measures include:

• Fixed Penalty Notices for Anti-social behaviour (FPNs)
  FPNs can be the first stage of intervention for many disorder offences including being drunk and disorderly, throwing fireworks and causing harassment, alarm or distress.  They are generally used when the offence is not part of a greater offending pattern and can offer speedy action that saves on police and court time.
  
  
• Anti Social Behaviour Orders (ASBOs) (See ASB Co-ordinator section)
  
  
• ASBOs upon Conviction
  Orders granted at the time of sentencing for a criminal offence.  They should contain restrictions relevant to the person's offences.  They do not form part of the sentence but are separate civil orders.
  
  
• Juvenile Contact Cards
  Used by Police Officers to log the name and address of a young person behaving in an anti-social way.  They are incremental with second card resulting in a letter to the young person's parents and the third in a visit to their home.
  
  
• Dispersal Order
  A Police Officer of Superintendent rank or above can designate an area, with local authority agreement, where there is a problem with groups of two or more persons causing intimidation, harassment, alarm or distress.  The Order lasts for up to six months.  During this time, a Police Officer or Police Community Support Officer (PCSO) can require groups gathered in that area to disperse and not return for 24 hours.  Any breach of this direction results in an offence.
  NB These powers are still to be instigated in Bury.  To apply a Dispersal Order, GMP and Bury MBC will have to be satisfied that there is significant and persistent nuisance and the Order will not merely re-locate the problem.
  
  
• Curfew Order
  A community sentence available for juvenile offenders which requires a young person to remain at a specified place for set periods. A curfew order can be electronically monitored. The time period can be between two and 12 hours a day and the sentence can last no more than 6 months.
  
  
• Alcohol Ban
  There is an Order in place banning alcohol consumption in designated public places within the Borough.  Police have powers under the Criminal Justice and Police Act (2001) to require a person in these areas to stop drinking and surrender any alcohol.  Refusal constitutes an offense.
  
  
• Closure Orders of Premises
  A Police Officer of Superintendent rank or above, in consultation with the Local Authority, can issue a closure notice if he/she believes that the premise has been connected with the supply or use of a Class A drug and/or is associated with serious nuisance to members of the public.

Hate Crime

Hate crime is any offence committed against a person because of their race, ethnicity, religion, age, gender, physical or mental disability or sexual orientation.

In an emergency always ring 999

Hate crimes can take many forms from being called an offensive name on the street to assault or damage to property.  However it is never a minor matter – it's a crime.  If you have witnessed or been a victim of an incident which you perceive to be motivated by racism, homophobia or related to your disability or religion, report it immediately to the Police on 0161 872 5050.  If you don't want to make an official report to the police, you can still inform the Council.  We can then plan to take effective measures to combat these incidents. You can report hate crime in the following ways:

• Make a statement directly to the Police.
  
• Ring Bury Council's Community Safety Team on 0161 253 6998.
  
• Call in at one of our Reporting Centres. These include Police Stations, Libraries, Bury Town Hall, other Council Offices and Citizens Advice Bureaus.  Staff are trained to deal with your complaint and help you complete the relevant form. For a full list of Reporting Centres, please contact the Community Safety Team on 0161 253 6998.

Complaints of anti-social behaviour by a Six Town Housing tenant

Most complaints of anti-social behaviour involving council tenants as either perpetrators or victims would be dealt with by Six Town Housing's Anti-Social Behaviour team.  They warn and take action against perpetrators using their Tenancy Agreement.  Under this agreement, tenants are also responsible for the behaviour of other people living in or visiting their home.

Some of the problems they would deal with are:

• Messy gardens
• Barking dogs
• Unsupervised, disruptive children
• Graffiti / Vandalism
• Harassment and intimidation including racist or homophobic incidents
• Noise Nuisance including parties and loud music

If there is violence or a threat of violence this should be reported to the Police (see above).  Victims should also give a statement as soon as possible to the Six Town Housing who can protect them by taking out a without notice injunction against the perpetrators (see Injunctions).

In other cases the Officer who takes the complaint will ask the complainant to come into the office or visit them at home to take a statement about the nature of the incident(s) and open a case-file.  They will issue them with diary sheets so they can record the dates and times of future incidents.  Complainants should be aware that they will have to provide detailed information for Officers to investigate the problem.

• Mediation
  If there is no clear case of right and wrong, Six Town Housing may refer the case to Mediation.  This is a service for tenants who are involved in a dispute with their neighbours. Mediation is designed to help people resolve their problems and find a solution everyone can live with. Mediation can deal with complaints such as misunderstandings, noise, children, pets, car parking, boundary disputes and lifestyle conflicts. Mediators listen to both sides without judging who is right or wrong, look for solutions and help everyone reach an agreement.
  NB at present to have access to free mediation, at least one of the parties has to be a council house tenant. However there are plans to make mediation available to private residents as well.  Please speak to the Community Safety Team on 253 7785 if you are interested in this service.
  
  Before taking formal action, the Officer for Six Town Housing will usually call the tenants and any children / lodgers involved in the Anti Social Behaviour in for a warning interview.  Complainants are informed about the date and time of this.  The Officer would advise perpetrators that they are breaking the conditions of their tenancy and if they continue to do so, they risk losing their home / facing legal action. If perpetrators continue to break their tenancy agreement, some of the measures available to Six Town Housing are:
  
  
• Injunction
  A Legal Order which instructs the perpetrator to stop behaving in a certain way.  This can have a power of arrest attached. Injunctions can be granted without notice to the perpetrator where there is violence or the threat of violence.  In this case Officers would try and obtain the Order within 24 hours of receiving the complaint.
  
  
• Demotion Order
  After a satisfactory twelve month probationary period council tenants become 'secure tenants'.  A Demotion Order ends a secure tenancy and replaces it with a less secure, demoted tenancy.  If the anti-social behaviour continues, Six Town Housing can apply for possession of the property.
  
  
• Possession (Eviction)
  This is the ultimate sanction for those who cause anti-social behaviour or persistently breach the conditions of their tenancy agreement.  It is used in extreme cases when other measures are not considered effective enough or have failed to stop the behaviour.
  
  
• Noise Abatement Notice
  Tenants can be warned under their tenancy agreement about excessive noise. However if this fails, officers can issue a formal Noise Abatement Notice instructing them to stop the nuisance immediately.  If there is just one more incident and it is 'professionally witnessed', Enforcement Officers can seize any equipment from the property that can produce noise nuisance.

Complainants can report anti-social behaviour to Six Town Housing via their Call Centre on 0161 686 8000.  The advisors will take the initial complaint and pass the details on to the Anti-Social Behaviour case workers who will contact the complainant to make an appointment.  They can also email enquiries@sixtownhousing.org or write to them at Six Town Housing, Point Blue, Moor Street, Bury, BL9 5AQ.

Registered Social Landlords (RSLs) / Private landlords

RSLs - As well as Six Town Housing, there are a number of RSLs in Bury.  RSLs are non profit-making groups formed to provide affordable social housing.  They are usually Housing Associations. If someone living in Social Housing is causing nuisance, contacting the landlord can be the most effective way of getting them to stop.  Like Six Town Housing, RSLs usually have access to mediation services and can tackle anti-social behaviour at their properties using the tenancy agreement.  They can also apply for their own ASBOs.  The main RSL in Bury is Contour Housing.  You can contact them on 0845 60251120.  For a full list of Housing Associations with properties in the Borough please contact Six Town Housing.

Private landlords - Most private tenants will sign a tenancy agreement with their landlord which sets up the landlords responsibilities as well as responsibilities and standards of behaviour for the tenant.  Landlords have a legal right to get possession of the property if they can prove to a court that the tenants' behaviour has created a nuisance to neighbours.  Where someone is causing a nuisance at privately rented property, you should contact the Landlord who can warn tenants that this may happen if they continue to act in this way.

Anti-social behaviour co-ordinator

The Anti Social Behaviour Co-ordinator will collate, evaluate and if necessary request further information before preparing prosecution files and liaising with legal services in order to apply for ASBOs in court.  The Co-ordinator will also facilitate the application for ASBOs against Council Tenants on behalf of Six Town Housing.  Before applying for an ASBO he/she will call a case conference chaired by the Police Local Authority Liaison Officer or the Head of Community Safety for concerned agencies to decide if it is the best step to take.

• Anti Social Behaviour Orders (ASBOs)
  ASBOs were introduced in 2002 as community based Orders to protect the public from people who persistently act in an anti-social way.  The ASBO places restrictions on these people based on the type of behaviour that has caused harassment, alarm or distress.  These range from not using foul or abusive language up to exclusion zones and clauses not to associate with certain people.  ASBOs are granted under civil law, which means hearsay (unnamed) and professional witness evidence can be heard which protects witnesses. Complainants need to supply detailed incident diaries which form the basis of witness statements. Breaches of the ASBO are dealt with by the Police under Criminal Law. If found guilty of breaking the ASBO, the inPidual could face up to 5 years in prison. 

Interim ASBOs - These can be granted in cases of violence or threats of violence to provide immediate protection to victims of anti-social behaviour.  These cases are usually heard within 24 hours of being reported and the Orders granted without the knowledge of the perpetrator.  The Interim Order comes into effect when the perpetrator is made aware or 'served' with the Order and they will be given a Court date to contest it.  This is usually about a week after the Order is made.

In addition, the Anti-Social Behaviour Co-ordinator's role is to co-ordinate and investigate general complaints of anti-social behaviour including those from and about non Council Housing tenants and work closely with partner agencies including the Police, Youth Offending Team, Health and Environmental services.  You can contact the Co-ordinator on 0161 253 7785.

Local Authority Security Service

The Council has a Security Service to discourage anti-social behaviour and crime and disorder where it affects Local Authority land, buildings, staff or members of the public.  They monitor CCTV information and Officers patrol parks, car-parks, school grounds etc and respond to alarm calls 24 hours a day, 365 days a year. If you wish to report a security problem or suspicious circumstances on Council premises or land contact the Security Service on 0161 253 6606.

Environmental Services

Environmental Crime pollutes local neighbourhoods and undermines local people's sense of security and wellbeing.  Environment Services addresses these problems and incorporates Public Health and Pollution and Trading Standards.

Public Health deals with issues such as fly tipping, fly posting, litter and graffiti.  They have been given powers under the Environment Protection Act (1990), Anti-Social Behaviour Act (2003) and the new Clean Neighbourhoods and Environment Act (2005) to deal with these issues.  These include:

• Fixed Penalty Notices. Bury MBC can now fix their own rates for FPNs for:
  • Litter (definition now includes chewing gum & cigarette butts)
  • graffiti,
  • fly-posting
  • fly-tipping
  • dog fouling and other dog related incident.
• Litter Clearing Notices / Street Litter Control Notices
• Graffiti Removal Notices (Now extended to include Fly posting)
• Litter Control Areas
• Street Litter Control Notices
• Prosecution

The Pollution Team deals with air pollution, dog fouling and other dog related issues and complaints of noise from all premises apart from Council Housing.  They will ask you to fill in diary sheets detailing dates and times of the noise and may also install noise monitoring equipment in your home to provide further evidence.  The Pollution Team are also  responsible for taking action in cases of 'Statutory Nuisance' which the 2005 Act extends to include lighting and insect nuisance. Measures at their disposal include:

• Fixed penalty notices for dog fouling
  These would come into force if the owner allowed their dog to foul and did not pick it up immediately.  If owners do not pay the fine, they are then liable to prosecution.
  
  
• Noise abatement Notices
  Enforcement Officers initially send a letter to warn the premise owner, whether it be a private house or business.  If they do not respond to the letter, once the noise has been professionally witnessed, officers can seize equipment or prosecute those responsible.

Trading Standards have powers to prosecute premise owners who sell alcohol to underage drinkers.  If Officers receive information of this nature, they perform undercover operations, often in partnership with police, where someone under 18 will go into premises with a camera and attempt to buy alcohol.  lf they succeed, Trading Standards will conduct a written interview under caution with the retailer and if appropriate, bring prosecution proceedings against them.  If you suspect a retailer of selling alcohol to underage people, you can inform Trading Standards on 253 5566.

Waste Management deals with abandoned vehicles. An abandoned vehicle should be reported to the Police in the first instance on 0161 872 5050. The Police will check the details and then either pass them on to the Local Authority or tell the caller to report the vehicle to the Abandoned Vehicles Officer directly on 0161 253 6604.

Where a vehicle is abandoned on private land it is usually the responsibility of the landowner to deal with.  However, in some circumstances the Local Authority may be able to help the landowner with this.

A vehicle without a current road fund licence is not necessarily an abandoned vehicle. The Local Authority currently has no powers to remove an untaxed vehicle from the highway unless it is also abandoned.  However, we do pass the details of such vehicles to the DVLA who do have powers to deal with untaxed vehicles.

Youth Offending Team (YOT)

Bury YOT supervises Orders on behalf of the court and works with young offenders and victims of crime. The YOT undertakes preventative work with young people who at risk of becoming involved in crime and anti-social behaviour and administers a number of measures to prevent and stop further anti-social behaviour.  Some tools used by or involving the YOT are:

• Youth Inclusion and Support Panels (YISPs)
  Anyone who feels a young people is behaving in ways that puts them in risk of offending can refer them to YISP.  YISPs are made up of representatives from agencies including the police, schools, health and social services and members of the local community. The young person and their parents/carers can also attend in appropriate cases.  The Panel recommends a programme of support for the young person and their family called an InPidual Support Plan.
  
  
• Warnings
  YOT can instigate and support other agencies in using warnings to make it clear to a young person they have behaved unacceptably.  These can include threats of enforcement and are often sufficient for inPiduals to change their behaviour.
  
  
• Acceptable Behaviour Contracts
  Designed to stop similar types of behaviour as an ASBO, an ABC is a voluntary agreement between an inPidual who has been behaving disruptively, the Local Authority and Police.  Their parent or guardian should also be involved.  If the inPidual breaks the ABC, it can be used as evidence in applying for an ASBO.  YOT will support the young person to help them keep the ABC.
  
  
• Parenting Contracts
  An agreement negotiated between a parent/carer of a young person involved in anti-social behaviour and a YOT worker.  The parent agrees to fulfill certain requirements and the YOT agrees to support them in doing so.
  
  
• Parenting Orders
  These are made by the court when a young person is convicted of an offence.  The Order lasts for up to 12 months and includes a requirement to attend a parental counseling and guidance programme.  The YOT is often assigned the responsible officer as they are well placed to co-ordinate the programmes.

Contact Numbers