Asbos overhaul: Homeowners who dump rubbish in their gardens face £100 fine

  • Theresa May unveils new anti-yob laws to replace Labour’s Asbos
  • Officials will target those guilty of ‘persistent, unreasonable behaviour’
  • Bonfire of Labour’s anti-lout legislation, with 19 powers reduced to six
  • ‘Three strikes and you’re out’ crackdown on yobs to compel police to act

By
James Slack

17:15 EST, 21 May 2012

|

10:00 EST, 22 May 2012

Householders who regularly dump rubbish in their own garden will be guilty of a criminal offence and hit with a hefty fine.

The penalty will also apply to anyone who leaves an old sofa or fridge in their garden, or has mountains of pizza boxes or takeaway cartons lying around.

They will receive an on-the-spot fine of up to £100 or be taken to court – where the maximum fine would be £2,500.

The new Community Protection Notice is a key part of new anti-yob laws unveiled by Theresa May today.

Scroll down for video

Theresa May addresses delegates at the Association of Chief Police Officers annual conference in Manchester today

Theresa May addresses delegates at the Association of Chief Police Officers annual conference in Manchester today

Ministers want to stop irresponsible homeowners or tenants from blighting whole streets or neighbourhoods by turning their front garden into a ‘dumping ground’.

The powers will apply to privately owned homes as well as council houses. Officials will target only those guilty of ‘persistent, unreasonable behaviour’.

They will be given a warning and told to clear the rubbish away. If they ignore the notice, they will then be guilty of a crime.

Officials do not want to target law-abiding householders who are forced to have rubbish in their gardens at certain times of the week because of the complicated recycling policies introduced by many councils.

And the law will be worded to protect homeowners from over-zealous council officials patrolling the streets looking to make money by issuing on-the-spot fines.

The Home Secretary walks around the St George's Estate in Hulme, Manchester, with (left to right) Inspector Nail Pawson of Greater Manchester Police, local resident Steve Norman and PCSO Paul Egan before her speech today

The Home Secretary walks around the St George’s Estate in Hulme, Manchester, with (left to right) Inspector Nail Pawson of Greater Manchester Police, resident Steve Norman and PCSO Paul Egan before her speech today

Residents have been given penalty notices for putting their rubbish out on the wrong day or for not shutting their dustbin lid properly under existing ‘bin laws’.

But the new rules will apply only to repeat offenders. They will be given a fixed period of time to clean up their garden before any fine is issued.

Today’s antisocial behaviour White Paper also sounds the death knell for Labour’s flagship Anti-Social Behaviour Order, which is to be scrapped.

There will be a bonfire of Labour’s anti-lout legislation – with 19 powers reduced to only six.

The Community Protection Notice could be issued to an individual or responsible person within a business, such as a takeaway shop.

It will also give police – and not just town halls – the power to deal with noisy neighbours in the middle of the night.

Eyesore: Ministers want to stop irresponsible homeowners or tenants from blighting whole streets or neighbourhoods by turning their front garden into a 'dumping ground'

Eyesore: Ministers want to stop irresponsible homeowners or tenants from blighting whole streets or neighbourhoods by turning their front garden into a ‘dumping ground’

Officials say examples of where it could be used include:

  • an individual who regularly allows their dog to foul in a communal garden (this situation is not covered by current notices).
  • an individual who regularly dumps rubbish in their front garden.
  • a takeaway which persistently allows customers to drop litter on the pavement outside and causes noise nuisance late at night.

Breach of any requirement in the notice, without reasonable excuse, would be a criminal offence, subject to a Fixed Penalty Notice or prosecution.

Pugh on the new Community Protection Notice

Speaking after meeting residents in Hulme, Manchester, she added: ‘I want to see the police dealing with anti-social behaviour when it happens and when people are reporting it.’

But victims were saying that time and time again nothing was happening, she said.

‘What we’ve seen over the years is too many people having their lives blighted by anti-social behaviour.

‘The community trigger will give people, either individuals or local communities, the opportunity to say the point has come where the police are required to do something, look into it, investigate, find out what’s happening and take action.’

She went on: ‘What we will see is anti-social behaviour being taken seriously and being dealt with.

‘What we’re doing is giving people the confidence that when they call the police something will be done.’

Ministers are determined to get a grip on low-level thuggish behaviour. The Asbos were routinely breached by thugs, who quickly considered having one of the orders to be a ‘badge of honour’.

They were also given out in some bizarre circumstances. A woman who tried to kill herself four times by jumping off bridges was banned from loitering on bridges, going on to railway lines or entering multi-storey car parks unaccompanied. And an 88-year-old man from Merseyside was banned from swearing or making sarcastic remarks.

Asbos will be replaced by Crime Prevention Injunctions, which officials say will be easier and faster to impose.

Unlike the Asbo, the injunction would not require a magistrate to be certain that the defendant had acted in an antisocial manner.

It would instead be secured against a lower burden of proof.

Fiona Pilkington, 38
Francecca Hardwick, 18

‘Three strikes and you’re out’: New legislation will compel police to act on complaints against yobs, in an attempt to prevent a repeat of the tragic case of Fiona Pilkington, left, who killed herself and her disabled daughter Francecca, right, after sustained harassment by youngsters, despite repeat appeals to the police

■ Drivers joined the war on litter louts yesterday by demanding tough punishments for those who throw rubbish from their vehicles.

A poll by the AA found that almost 90 per cent of motorists are angered by litterbugs in cars, and two-thirds want offenders to be punished with points on their licence, a large fine or even a community sentence.

This week hundreds of AA members will begin a string of litter-picks across the country, adding to the widespread support for the Daily Mail’s Spring Clean For The Queen campaign to encourage people to help clean up their communities ahead of the jubilee.

More than 300 AA staff have volunteered to pick litter in areas including Basingstoke, Cardiff and Newcastle, and the AA sent out a million letters to members last weekend encouraging them to take part.

Over the next fortnight, they will conduct an hour’s tidy-up of their neighbourhood’s pavements, paths and parks as part of the AA Streetwatch programme.

The organisation has also put up a prize of £1,000 for the best idea for reducing rubbish on the streets.

Those who breach the orders would be deemed in contempt of court and face penalties including jail. It would be made available to a broader range of agencies.

When sentenced in court, those found guilty of antisocial behaviour could also be issued with a new Criminal Behaviour Order, which would force prolific offenders to attend courses to change their ways.

The White Paper will also include a ‘three strikes and you’re out’ crackdown on yobs which will compel police to act if they receive three complaints from one individual about antisocial behaviour.

The ‘community trigger’ will also apply if five different households lodge the same complaint.

The legislation is designed to prevent a repeat of the tragic case of Fiona Pilkington, who killed herself and her 18-year-old disabled daughter Francecca after sustained harassment by youngsters.

She dialled 999 33 times over ten years to complain but police failed to act, classing her case as a ‘low priority’.

A new Directions Power will give police the power to move on troublemakers without having to first designate a specific ‘dispersal zone’ in advance.

But a victims’ group said the new measures still did not go far enough.

The plans to enable residents to force police to take action over anti-social behaviour after three separate incidents or five complaints is still insufficient.

Victims deserve to be taken seriously as soon as they make a report to police,Victim Support said.

Javed Khan, the group’s chief executive, said: ‘We hope that the new criminal behaviour order will deliver the rapid response for victims that is needed.

‘But just dishing out the orders won’t be enough.

‘If the Government really wants to put victims first, tough enforcement and follow-up will be required, to avoid making the CBO an empty sanction.’

Here’s what other readers have said. Why not add your thoughts,
or debate this issue live on our message boards.

The comments below have not been moderated.

IF THAT WAS TRACY EMMINS GARDEN IT WOULD BE CONSIDERED A WORK OF ART….BEAUTY IS IN THE EYE OF THE BEHOLDER.

IF THAT WAS TRACY EMMINS GARDEN IT WOULD BE CONSIDERED A WORK OF ART….BEAUTY IS IN THE EYE OF THE BEHOLDER.

Three strikes and you are out Theresa Qatada.

The unemployment rate is sky high, we have redundancies reported daily in their thousands. Police numbers are being cut, PCSO’s with less training and powers doing the job for nothing ‘volunteers’ they call it
we got councils taxes rising and volunteers cleaning up the litter. council bosses paid ridiculous and undeserved salaries plus bonuses and expenses, while lower paid workers being made redundant. thousands of people volunteering to help with the olympics and IOC officials demanding to be treated like gods with free tickets and hospitality. Something is really wrong with this country and others. I think the only volunteering should be done by offenders by way of community service during the day and being locked up at night. To volunteer to do something that should be someones paid job is so wrong in the current climate

There is an ex-pub, on the main road into Oxford, which is partially burned out, and totally derelict, and has been like this for years. The owners of that place should be nailed for rubbishing the neighbourhood, but complaints to the Council have had NO effect, and the place is a tip. Why not pick on commercial premises like this as well, not just the domestic households?

“…..And the band played on…….”

At best, this is a civil offence, it cannot, legally, be structured as a criminal act. We shall now wait for the now inevitable Tory ‘U’ turn as soon as properly qualified lawyers have made dear Ms. May of that rather important fact….

No problem with cleaning up after dogs but why not cats as well?

Yes it’s a problem and an eyesore and , in some cases, a health hazard BUT, there are more important things to be dealt with FIRST. Crime, illegal immigrants, terrorists, police under funding and border control staff underfunding and under manning. Then, when all that is sorted out, THEN and only then, should we deal with all those dangerous life threatening pizza boxes and litter. This silly woman needs to get her priorities sorted out. Anyway, ALL local councils already have the authority to deal with this kind of tipping. It’s just that they do little or nothing about it. In the meantime Mayday…shut up !!

What about the people who leave lots of untaxed cars on their garden and drive I think this is a health and safety problem but the Councils do nothing about it

The views expressed in the contents above are those of our users and do not necessarily reflect the views of MailOnline.

You can skip to the end and leave a response. Pinging is currently not allowed.

Leave a Reply

Powered by WordPress | Designed by: Premium WordPress Themes | Thanks to Themes Gallery, Bromoney and Wordpress Themes