Archived decisions

HAMPSHIRE COUNTY COUNCIL

Decision Report

EXECUTIVE SUMMARY

1) Summary of Decision Area

1.1. At present the County Council has no formal procedure regarding the attachment of temporary or permanent closed circuit television (CCTV) to street lighting furniture. Following a number of varied requests it has become apparent that a protocol and procedure would enable a fair and consistent response to such requests.

2) Issues Covered in Report

2.1 A number of requests have been received from parishes, villages and other organisations who have anti-social and low level crime issues which they consider may be ameliorated by the use of CCTV.

2.2 This is a county wide problem and the Eastleigh Hampshire Action Team (HAT) requested that a draft protocol and procedure be prepared. The protocol and procedure has been circulated to all other HATs for consultation and the comments have been considered and amendments made where appropriate.

2.3 An approved protocol and procedure will enable the County Council to manage all requests for temporary or permanent CCTV in a consistent manner.

3) Recommendation

3.1 That approval be given to the new protocol and procedure, set out in the report, with regards to the temporary or permanent attachment of closed circuit television equipment to street lighting columns.

MAIN REPORT

1) Contextual Information

1.1. A number of requests have been received from parishes, villages and other bodies who have identified problems of antisocial behaviour and low level crime issues which they consider may be ameliorated by the use of CCTV.

1.2. Technological advances have enabled CCTV to become very portable, operate either by battery or mains power supply and transmit images by remote technology enabling cameras to be mounted in a variety of locations.

1.3. Under the Crime and Disorder Act 1998 the County Council has a duty to embed crime and disorder prevention into service planning, delivery and decision making and so reduce crime and the fear of crime in all our communities.

1.4. Highways provide accessibility between destinations and the temporary or permanent location of CCTV cameras within the highway may assist with crime prevention. However it is also necessary to consider the matters of privacy to adjoining properties, levels of light within the neighbourhood and the possibility that the crime and anti-social behaviour may disperse to adjoining areas or out of view of the cameras.

1.5. To enable the deployment of these installations throughout the county in a consistent manner, and provide guidelines and procedures to the promoting body, a draft protocol and procedure has been prepared. This has been circulated to all HATs for comment. Those received are listed in the attached appendix and the final protocol and procedure has been prepared considering these comments.

2) Protocol

2.1. The County Council requires the promoting body to provide an analysis of crime and anti-social behaviour incidents, both in the area to have CCTV and the adjoining area. This information needs to include an analysis of types of crime and time of day at which the crimes occur. Where possible, trend data should be included. The request should contain an assessment of why CCTV is expected to reduce the incidence of crime and what alternative measures have been carried out or considered and rejected.

2.2. The promoting body will normally be the Crime and Disorder Reduction Partnership (CDRP). Where the CDRP is not the promoting body, the Partnership should be used to consider the crime analysis for the location and a copy of its advice should be included with the submission.

2.3. Information should be provided on the area and demonstrate the likely coverage of any proposed CCTV. The use of temporary CCTV requiring the regular moving of the equipment between locations will need to consider the practicality and effectiveness in reducing crime and the fear of crime.

2.4. The promoter must be fully conversant and comply with the CCTV Code of Practice, Revised Edition 2008 (or subsequent revisions).

2.5. If there is a demonstrable case for the provision of CCTV the County Council will discuss with the promoting body funding and management arrangements, including:

(i) capital costs of the CCTV and its installation;

(ii) maintenance costs and responsibilities;

(iii) energy supply costs;

(iv) operational responsibilities; and

(v) public liability.

2.6. If there is a strong case for CCTV being made, the Council will facilitate the erection of the equipment on the street furniture. All costs, liabilities and operational arrangements are to be met by the local promoting body. An appropriate agreement will be drawn up with the responsible body.

3) Procedure

3.1. All installations mounted over or free standing in the highway, or mounted on street lights shall:

(i) be approved in writing by the Highway Authority via a licence or agreement prior to the erection of the fixtures;

(ii) be the sole responsibility of the body installing the CCTV and shall have adequate public liability insurance to indemnify the Highway Authority for the minimum amount for any one incident as required by the licence;

(iii) be removed immediately upon request by the Highway Authority or its agent or be removed by the Highway Authority or its agent, at the owner's expense, if there is concern about the safety of the system;

(iv) be manufactured with supports and mounting points capable of supporting the equipment suitable for a wind of K factor 2;

(v) generally for protection against electric shock all systems shall be rated at 25v SELV. However, for systems sited a minimum of 3.5 metres above the highway, mains voltage (230v) may be used. In all such systems the installer must ensure that the requirements of BS 7671 are met and supplementary protection by the use of a 30mA RCD shall be given;

(vi) all apparatus shall be erected in compliance with the following statutes and regulations:

(a) Health and Safety at Work Act 1974

(b) Electricity-at-Work Regulations 1989

(c) BS 7671 Regulations for Electrical Installation

(d) New Roads and Street Works Act 1990

(e) Traffic Management Act 2000;

(vii) an agreed set of inspection/emergency procedures shall be provided to the local highway management office;

(viii) each installation shall be tested and the electrical test certificates and test results passed to the local highway management office on the day following installation to energising;

(ix) power supplies to CCTV installations should not be derived from adjacent buildings, but from within the street lighting column acting as the support. Ongoing costs for the power supply are to be agreed;

(x) all temporary fixings used to attach the CCTV equipment to street lighting columns must be free from corrosion at all times and must be removed at the end of the licence period. Any damage to the protective surface must be made good immediately after the removal of the apparatus;

(xi) the Highway Authority has the right to request removal of such equipment at any time, which the responsible body must comply with within 28 days of the request.

3.2. In addition to the guidance for the erection of the CCTV equipment each applicant will satisfy themselves that:

(i) it conforms with the CCTV Codes of Practice Revised Edition 2008 or subsequent updates;

(ii) the necessary signage for overt CCTV usage is displayed appropriately;

(iii) there is a protocol for viewing images of CCTV and storage of evidential and disclosure material compliant with Data Protection Act 1988, Police and Criminal Evidence Act (PACE) and Criminal Procedures & Investigation Act 1996 (CPI);

(iv) Hampshire County Council Street Lighting Section has confirmed suitability and stability of lamp posts selected for potential CCTV use;

(v) third party liability with regard to erection and any damage caused by the camera equipment is covered;

(vi) the County Council is indemnified in respect to any claims that might be brought against the County Council attributable to the erection of the CCTV on the street lighting column(s).

4) Outline of Options

4.1. Option 1: Not to grant permission for the attachment of CCTV to street lights.

The County Council has a duty to embed crime and disorder prevention into its service planning, delivery and decision making and so reduce crime and the fear of crime in all its communities. To unreasonably prevent the attachment of temporary or permanent CCTV to street lighting furniture would no be consistent with this duty or its corporate aims and could damage the reputation of the Couth Council

5) Conclusions

5.1. With increased requests to tackle crime and disorder issues by the use of portable CCTV, it is appropriate that the County Council considers requests in a consistent manner.

5.2 Street lighting columns are seen as a convenient platform to mount CCTV providing both the elevation needed for the images and an accessible power supply.

5.3. The use of street lighting columns raises a number of safety, and procedural issues to ensure the proper use of CCTV in a public place.

5.4. The protocol and procedure enables applicants to be aware of these requirements and the requests to be dealt with in a consistent manner.

6) Recommendation

Please see the Executive Summary for the recommendation.

1904Rpt/627/CL

CORPORATE OR LEGAL INFORMATION:

COMPREHENSIVE RISK & IMPACT ASSESSMENT:

1) Equalities Impact Assessment:

a) Assessment of the Race Relations (Amendment) Act has been considered in the development of this proposal. No adverse impact has been identified in terms of race, creed or gender.

2) Impact on Crime and Disorder:

a) The proposal facilitates the use of CCTV within defined parameters which would lead to a reduction in crime and disorder.

3) Climate Change:

a) How does what is being proposed impact on our carbon footprint/energy consumption?

CCTV equipment energy use is low and it is not expected there will be many installations countywide. However the energy will be more than offset by the savings in abortive calls to address antisocial issues.

b) How does what is being proposed consider the need to adapt to climate change, and be resilient to its longer term impacts?

There are no effects with respect to climate change