What is Anti-Social Behaviour?

"  Acting in a manner that causes, or is likely to cause fear, alarm or distress to one or more persons not of the same household".  

Examples of Anti-Social Behaviour: 

• Stone Throwing
• Threats
• Group Intimidation
• Harrassment
• Persistently Noisy Neighbours

There are a number of different ways that the Council can use legislation to change behaviours that are affecting or interfering with your life.  However it is often a balancing act between the rights of the complainant and the rights of the alleged perpetrator and as such we have to look to the legislation and case law to provide guidance. 

 

Anti-Social Behaviour 

There are three main categories for antisocial behaviour, depending on how many people are affected: 

• Personal antisocial behaviour is when a person targets a specific individual or group. 
• Nuisance antisocial behaviour is when a person causes trouble, annoyance or suffering to a community. 
• Environmental antisocial behaviour is when a person’s actions affect the wider environment, such as public spaces or buildings. 

 

1. Rowdy or nuisance neighbours: This covers any rowdy behaviour or general nuisance caused by neighbours, it also covers noise nuisance from parties or playing loud music. 
2. Animal problems: This covers any situation where animals are creating a nuisance or people’s behaviour associated with the use of animals is deemed as antisocial. It includes uncontrolled animals, stray dogs, barking, fouling and intimidation by an animal. 
3. Rowdy or inconsiderate behaviour: This refers to general nuisance behaviour in a public place or a place to which the public have access, such as private clubs. It does not include domestic-related behaviour, harassment or public disorder which should be reported as crimes. 
4. Vehicle nuisance or inappropriate use: This relates to vehicles being used in acts such as street cruising (driving up and down the street causing annoyance and bothering other road users), vehicle convoys and riding or driving on land other than a road. It also covers the misuse of go-peds, motorised skateboards and electric-propelled cycles, and the unlicensed dealing of vehicles where a person has two or more vehicles on the same road within 500 metres of each other. 
5. Street drinking: This relates to unlicensed drinking in public spaces, where the behaviour of the persons involved is deemed as antisocial. 
6. Begging: This covers anyone begging or asking for charitable donations in a public place, or encouraging a child to do so, without a license. 
7. Misuse of fireworks: This will include the inappropriate use of fireworks, the unlawful sale or possession of fireworks and noise created by fireworks. 

 

Statutory Nuisance 

 

To fall within the definition of statutory nuisance, an activity needs to be, or likely to be: 

•a nuisance 

•posing a threat to health 

A nuisance is something which is unreasonable and causes substantial interference in the use and enjoyment of a person's property. It is much more than just an annoyance or being aware of something. 

Under the nuisance limb of statutory nuisance, material and substantial interference with personal comfort or the substantial interference in the use and enjoyment of a person's property is the test. Mere annoyance would fall below the threshold for Statutory Nuisance.  

 

Loss of Amentiy 

Amenity, in the context of untidy gardens or buildings in disrepair, is used in its broadest sense, and also includes community issues such as neighbourhood safety and security, and the care, maintenance and preservation of the local environment. It is therefore a matter of fact, degree and common sense. Each case is different and what would be considered amenity in one area might not be considered so in another.

 

Download our Community Safety Partnership Strategy

Reporting Anti-Social Behaviour

Legal Advise for Statutory Nuisance