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APPENDIX 3.19 Dealing with Buildings' Intruder Alarms
(Extracted and amended from LB Southwark Work Instruction)
Note 1: This document was drafted prior to the Police decision to no longer keep key holder details. However, some LAs still contact the Police to request key holder details, if only to be given no answer, but to request a CAD Number or similar to demonstrate they have attempted to gain the information, but have been denied, should the owner of the alarm raise the matter later.
Note 2: There is a dichotomy of Local Authority legal opinion whether the silencing of a alarm sounder accessible from the public footpath or highway actually involves entry on to the premises from which the noise is emitted; and whether a warrant is required to permit entry to allow the Local Authority to silence the alarm in such circumstances. In this guidance note LB Southwark express the view that a warrant is necessary to permit authorised entry to unoccupied premises to disconnect an external alarm sounder. Not least of the reasons for seeking a warrant is the protection it gives against claims of unauthorised or excessive damage to property in gaining access, whether such claims are well founded or not. Other Local Authorities disagree and will silence external alarm sounders without obtaining a warrant to enter the premises. As there is no clear precedent to help decide this debate, the Guide reminds individual Local Authorities to seek their own legal advice and formulate their own policy on this issue.
1.0 SCOPE
Dealing with the prolonged sounding of a premise alarm under the Environmental Protection Act 1990.
2.0 DEFINITIONS
Service Request | A request for information or advice, or a request for assistance through direct action. |
Complainant | Person making the service request |
Receiving Officer | Officer initially receiving the service request |
Investigating Officer | The Officer assigned to deal with a service request |
Key Holder | A nominated person who has registered their contact details with local Police station and agreed to be contacted and attend the burglar alarm location to de-activate if problems are identified |
Authorisation | Field Officer's identity card and authority card outlining their powers under the relevant legislation |
3.0 PROCESS
3.1 When a Service Request is received about the sounding of a premise alarm, the receiving officer shall interrogate the computer system for details of registered key-holders or the local Police station. Any such details shall be attached to the service request before allocation to the Investigating Officer.
3.2 On receipt of the Service Request, the Investigating Officer shall contact the complainant to check certain details, for example:
- clarification of the alarmed address and if applicable the owner/occupier/company details
- whether the premise is commercial, industrial or residential
- how long the alarm has been sounding and previous history, if any
- the whereabouts of the owners or occupiers if known, i.e. occupiers on holiday; premise closed; usual hours of opening or operation and expected return of the occupiers
- whether the Police have been contacted or have investigated the alarm
- whether there are signs of a break-in.
3.3 The complainant shall be given details of the process of the investigation and probable time required to resolve the matter. This is usually between 2 to 3 hours.
3.4 If the details of the premise are known, the Investigating Officers shall contact the local Police station to report the alarm and enquire whether the owner has registered nominated key-holders.
3.5 Where key-holders are registered, it is for the Police to contact the key-holders and ask them to attend site to disconnect or re-set the alarm.
3.6 Where nominated key-holders do not exist or can not be contacted, as confirmed by the Police, the Investigating Officer shall visit the site and confirm the existence of a statutory nuisance.
3.7 Where a statutory nuisance is witnessed, the officer shall serve an EPA 1990, s.80 notice on "The Occupier" by posting the notice through the letterbox, affixing the notice to the outside of the premise or some other accepted manner of service. A copy of the notice shall be retained for the file.
3.8 If, following extensive local investigations, there is no sign or likelihood of the occupier returning to the property and there are no nominated key holders registered with the local Police station, works in default action may be considered.
Extensive investigations include:
- contacting neighbours for information on the whereabouts of the occupiers
- contacting any telephone numbers displayed on the alarm box or advertising panels on the outside of the building
- contact with the local Police station to confirm position with regards to nominated key-holders.
3.9 Where the nuisance continues, a warrant of entry must be obtained to either enter the premise or trespass on a person's land to carry out any works in default. A warrant must be obtained in all cases even if de-activation can be achieved externally, See Appendix 3.11 - Obtaining a Warrant.
3.10 Once the warrant has been obtained the Officers shall revisit the site to confirm that the alarm is still sounding and causing a statutory noise nuisance before contacting a specialist (locksmith) to attend site.
3.11 When commissioning a specialist (locksmith) to carry out the works in default, the following details should be passed on to the company:
- specification of the alarm including make if available
- whether the external and/or internal sounders are activated
- estimated height above ground of the external sounder to give approximate length of ladder required
- access to property - any visible difficulties with access to the premise, e.g. gates, walls; a description of the possible entry points into the building and visible security measures; type of entrance door; type and quantity of locks to be picked.
3.12 The specialist (locksmith) should give an estimated time of arrival and be asked to contact the Investigating Officers on the mobile telephone when nearing the site. The specialist (locksmith) must be told not to start works before the Officer arrives on-site.
3.13 Once the specialist (locksmith) has been engaged the officers shall contact the Police station to request assistance to exercise a warrant of entry. NB This is the view that LB Southwark have formed, other LAs have not decided that a Police presence is necessary to enter premises to carry out WID - individual LAs should seek there own legal advice and formulate their own policy on this issue.
3.14 The specialist (locksmith) shall only commence the de-activation of the alarm once the Police are present on site.
3.15 Once the alarm, either the external or internal sounder or both, has been silenced, an envelope containing the following shall be left inside the premises or posted through the letterbox:
- original of Notice, if retrieved from the property
- standard letter of explanation of works in default action including the 24 hour Noise Team contact telephone number
- copy of the warrant of entry.
3.16 The Police Officers' ID numbers shall be noted and an itemised invoice obtained from the specialist (locksmith) for the works carried out.
3.17 Where locks to the premise have been changed, the keys shall be retained by the Investigating Officer and taken to the council offices for collection by the occupiers at a later stage.
3.18 A discrete sticker, stating "Please contact [council offices telephone number] Reference No:....." shall be placed adjacent to the lock in all cases of forced entry regardless of whether the locks have been changed. The computer generated case reference number or relevant file number should be filled in on the label. This is to safeguard against a situation where the specialist (locksmith) may have damaged the lock. The Officer should ask the Police Officers attending the site to amend their records to state that the locks have been changed.
3.19 When the occupier contacts the council's offices, they shall be advised that proper identification of name and address shall be required for the collection of the keys. Proper identification may include Drivers Licence, Utility bill, Council Tax bill, Credit Cards (name only). During office hours, further checks can be made to verify the occupant. Outside normal office hours, the Investigating Officer may need to resort to identification methods as described above.
3.20 Once officers are satisfied that the occupier can provide satisfactory forms of identity then they need to arrange to hand over the keys. Where the Investigating Officer believes there to be a Health and Safety risk to him/herself when returning the keys to the occupant then they should arrange for the hand over of the keys to take place in the local Police station.
3.21 The keys should be signed for on collection and a photocopy of the identification papers retained for the case file. If Officers are not satisfied with the identification provided then they should liaise with the Police or senior management for advice before releasing the keys.
3.22 All case papers must be forwarded to the finance department so that the occupier can be recharged for the Works in Default.
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