Antisocial Behaviour etc. (Scotland) Act 2004: Part 7 - Antisocial Behaviour Notices: Guidance for Local Authorities

"In the locality"

15. The definition of antisocial behaviour in paragraph 7 includes such behaviour "in the locality" of the house. Concerns have been raised about the inclusion of antisocial behaviour that takes place "in the locality" of the house but not actually on the premises. Landlords may be worried that they would be expected to control the behaviour of their tenants, for example, at local shops or pubs. This is not the intention of the provision. The aim is to ensure that there is no artificial cut-off which could prevent antisocial behaviour being addressed if it occurs outwith the precise boundary of the premises.

16. For example, if a tenant was engaging in a campaign of harassment against a neighbour, it would be counter-productive to provide that an ASBN could deal with anything tenants did while standing in their own garden, but not when they stepped into the neighbour's garden, or out onto the public road. Similarly, the antisocial behaviour might consist of repeatedly putting rubbish out in a way that blocks the pavement or creates litter. Local authorities should take care to ensure that issues covered by an ASBN are those which relate clearly to the tenant's occupation of the house in question.