1.Purpose of Decision Record
To record the decision for Kevin Fisher to take enforcement action
under the Criminal Justice and Public Order Act 1994 in accordance
with his delegated powers contained within the Council’s
Constitution.
2.Background and Action to date
On Friday, 13th of October we were notified by Environmental
Services Manager that caravans had parked on Coach Street Car Park,
in Skipton. A site visit and welfare needs assessments have been
carried out on the 17th of October by our Housing Team. This has
established that there is no welfare needs.
Where a welfare need is present NYC’s policy states the
following:
‘The County Council will seek to identify any relevant
welfare needs of the site occupiers. Where needs are identified the
County Council will try to assist or refer the matter to the
relevant service or agency.
Where welfare needs are identified the case will be assessed on its
own merits and any appropriate occupation period agreed. The
situation will be monitored and the occupation period will be
extended as the County Council deems necessary.’
Coach Street Car Park is an operational site. It is an unacceptable
location and as such, in accordance with adopted policy, the
occupiers will be served with notice to leave the site without
delay to enable the operational service to resume.
3.Legal
The Council has a power under s77 Criminal Justice and Public Order
Act 1994 to give a direction to leave land to people residing in
vehicles, including caravans on land forming part of a highway,
other unoccupied land or occupied land on which there are residing
without the occupier’s consent.
The Council may give a direction that those persons and any others
with them are to leave the land and remove the vehicles and any
other property they have with them on the land.
If a person knowing that a direction under s77(1) has been given
which applies to him –
(a)Fails, as soon as practicable, to leave the land or remove from
the land any vehicle or other property which is the subject of the
direction, or
(b)Having removed any such vehicle or property again enters the
land with a vehicle within the period of 3 months being with the
day on which the direction was given,
commits an officer and is liable upon summary conviction to a
fine.
Then the Council may apply to the Magistrates Court for an order
under S78 requiring the removal of any vehicle or other property
which is present on the land and any persons residing in it.
4.Other
A welfare needs assessment was conducted on 17th October 2023.
Having regard to the Human Rights 1998 and Equality Act 2010 in
particular in regard to the occupiers needs and welfare it would be
proportionate when balancing individual needs against the wider
public interest having regard to the unacceptable location of the
unauthorised encampment to serve a direction under s77 for the
removal of the vehicle(s) and person(s) from the site. Given that
the location is unacceptable, relevant authorities are aware of the
welfare needs on site and an appropriate occupation period has been
afforded to the families, it is now in line with the Authorities
Policy to serve notice without delay.
Failure to have the ability to open the Park and Ride site could
create reputational damage to the Authority and have an impact on
the wider tourist economy of the local area.
5.Recommendation
Therefore, we authorise Kevin Fisher for action to be taken under
Sections 77 and 78 Criminal Justice and Public Order Act 1994 to
secure the removal of those vehicles or other property and any
persons residing in it from Coach Street Car Park, Skipton site in
order to prevent trespass and protect the Council’s interests
and enable the Council to continue to carry out its functions on
the site.