Car Cruising Injunction Renewal
[To consider whether to renew the injunction]
Decision:
1. That an application be made to the High Court inviting the Court to renew the Black Country Car Cruising Injunction (granted 01 December 2014, effective from 2 February 2015 and expires 1 February 2018) for a further three years until 23:59 hours on 31 January 2021 in the interests of the City of Wolverhampton Council area.
2. That authority be delegated to the Cabinet Member for Governance, in consultation with the Director of Governance to enter into an agreement on behalf of the City of Wolverhampton Council pursuant to sections 101 and 111 of the Local Government Act 1972 with the Borough Councils of Dudley, Sandwell and Walsall, for the Council to lead a project and conduct litigation with the aim of inviting the High Court to extend the injunction for a further three years from its expiry (i.e. until 23:59 hours on 31 January 2021); and for each of Dudley, Sandwell and Walsall to repay the Council one quarter of the Council’s legal costs and disbursements in making such application to the Court.
3. That authority be delegated to the Cabinet Member for Governance, in consultation with the Director of Governance to authorise Legal Services to issue an application to Court inviting the Court to vary (extend) the injunction for a further three years from its expiry once the Director of Governance and the Cabinet Member for Governance are satisfied as to the quality and cogency of the evidence in support of the intended application.
4. That it be noted that an application to Court every three years inviting the Court to extend the injunction for a further three years or inviting the Court to grant the injunction in perpetuity is not feasible. Therefore, on a medium term/long-term basis, as car cruising is a national issue, the option of leading a project in cooperation with the West Midlands Combined Authority, West Midlands Police Force to lobby Parliament to address the nuisance of car cruising through legislation is to be explored.
Minutes:
Councillor Milkinder Jaspal presented a report on a proposal for the Council to make application to the High Court to renew an injunction which had been granted to restrain the activity known as ‘car cruising’ through the Black Country Boroughs. The three year injunction was due to expire on 1 February 2018.
The Injunction had been extremely effective in tackling the problem of car cruising in the Council area and the Black Country Boroughs as a whole significantly improving road safety, the lives of residents and improved the prospects of businesses in former hotspot areas as a consequence.
Resolved:
1. That an application be made to the High Court inviting the Court to renew the Black Country Car Cruising Injunction (granted 01 December 2014, effective from 2 February 2015 and expires 1 February 2018) for a further three years until 23:59 hours on 31 January 2021 in the interests of the City of Wolverhampton Council area.
2. That authority be delegated to the Cabinet Member for Governance, in consultation with the Director of Governance to enter into an agreement on behalf of the City of Wolverhampton Council pursuant to sections 101 and 111 of the Local Government Act 1972 with the Borough Councils of Dudley, Sandwell and Walsall, for the Council to lead a project and conduct litigation with the aim of inviting the High Court to extend the injunction for a further three years from its expiry (i.e. until 23:59 hours on 31 January 2021); and for each of Dudley, Sandwell and Walsall to repay the Council one quarter of the Council’s legal costs and disbursements in making such application to the Court.
3. That authority be delegated to the Cabinet Member for Governance, in consultation with the Director of Governance to authorise Legal Services to issue an application to Court inviting the Court to vary (extend) the injunction for a further three years from its expiry once the Director of Governance and the Cabinet Member for Governance are satisfied as to the quality and cogency of the evidence in support of the intended application.
4. That it be noted that an application to Court every three years inviting the Court to extend the injunction for a further three years or inviting the Court to grant the injunction in perpetuity is not feasible. Therefore, on a medium term/long-term basis, as car cruising is a national issue, the option of leading a project in cooperation with the West Midlands Combined Authority, West Midlands Police Force to lobby Parliament to address the nuisance of car cruising through legislation is to be explored.