City denied powers for anti-social crackdown
Exclusive: Plans to curb areas like Holyland pushed back by Stormont
BELFAST City Council asked six months ago for new legislative powers from Stormont to tackle anti-social behaviour in areas like the Holyland — but was blocked.
Council officials wanted authority to designate specific areas in the city for tightened restrictions after breaches of Covid regulations and loutish behaviour by students last August.
It was proposed that council officers or ‘constables’ be given more powers, including allowing them to enter properties, hand out fines and direct people to return to their residences, correspondence seen by this newspaper reveals.
But the Department for Communities turned down the request, saying it was not “in a position to bring forward emergency legislation”, and any legislative changes should be looked at as a long-term solution.
BELFAST City Council requested new legislative powers from Stormont to help deal with anti-social behaviour in areas like the Holyland six months ago — but was blocked.
Correspondence between council officials and Stormont’s Department for Communities (DFC), seen by the Belfast Telegraph, shows that the council wanted powers to designate specific areas for tightened restrictions, such as around gatherings and street drinking.
But the department has said any changes to legislative powers “would be for the longer term”.
The move followed breaches of Covid regulations and anti-social behaviour by students living in the area last August.
Ahead of St Patrick’s Day, long-term residents in the Holyland are preparing for the worst.
PSNI Chief Constable Simon Byrne has warned those planning on travelling to the Holyland on Wednesday will be dealt with “robustly” for Covid breaches and anti-social behaviour.
It has now emerged that, last September, council officials proposed council officers or ‘constables’ be given more powers to tackle the problems, including powers allowing them to enter properties, hand out fines, and to direct people to return to their residences.
Proposals would see certain restrictions applied to designated areas — which could be a street, streets or a specific area — including on outdoor congregations likely to be in breach of Covid rules, gatherings involving mixing of households, and people in “any garden or amenity area fronting or abutting a street, other than for the purpose of access or egress”, according to correspondence from council officials to DFC.
“A constable or other person authorised under these regulations may direct any person to return to their residence or leave the street or streets which have been designated. Failure to obey a lawful instruction to do so will be an offence punishable by a fine of up to X on the standard scale,” the correspondence states.
“A constable or person authorised under these regulations shall have the power to require any landlord (or any person acting as an agent on the landlord’s behalf), tenant, or person having occupation of the property, within the designated street or streets, which is occupied by persons under a tenancy agreement, to provide the names and addresses of such persons.
“A constable or person authorised under these regulations shall have the power to enter a house or HMO (house of multiple occupancy) for the purpose of enforcing this regulation and may do so by force if required.”
But DFC blocked the proposals, saying it was not a short-term solution.
An email from a DFC official to council officials states: “You will note that we have sought advice from DSO (Departmental Solicitor’s Office), however, the department would not be in a position to bring forward emergency legislation. Any legislative changes therefore should be looked at as a long-term solution and not in the medium/short term.”
Matthew O’toole, SDLP MLA for South Belfast, criticised the decision, saying: “It is disappointing to see that the Department for Communities has been unable to address this.”
A DFC spokesperson said: “In its correspondence the department is clearly pointing out that any changes to legislative powers would be for the longer term and not possible by emergency legislation.
“The Department for Communities provides the legislative basis for licensing of Houses in Multiple Occupation (HMOS) and the licensing itself is carried out by district councils. The licensing arrangements are currently under review and the Department will consider whether any changes need to be made.”