Newark and Sherwood District Council housing officers and police act swiftly to close property on Barker Way where dealing and anti-social behaviour had become rife

A council successfully applied to a court this morning for a three-month closure of a property where drug use and dealing is rife and fights take place in the street.

Newark and Sherwood District Council applied to magistrates for a 48-hour emergency closure notice to be extended, as it was expiring.

In a dossier of evidence, Nottingham magistrates heard of extensive drug use and dealing, loud music at the flat and fighting and arguing in the street, all of which were drastically affecting the lives of other residents.

The tenant of the property is deemed to be vulnerable and the court heard there was evidence to suggest cuckooing. For this reason, and although the tenant was named in open court as the defendant in the case, the Advertiser is not identifying them.

The order was obtained with the full support of Newark Police and will deter dealing, use of drugs, predominantly cannabis, disorder and anti-social behaviour at the address.

The tenant, aged 29, is not prohibited from staying at 1 Barker Way, Newark, but visitors cannot be at the address and they are liable to arrest if they ignore the order.

A breach of the earlier emergency temporary order saw three people, men aged 28 and 58 and a woman aged 38, arrested and charged.

Magistrates asked why it was the case the tenant wasn’t being evicted, but were reassured that the lives of others living in the immediate vicinity would be improved by removing the potential for visitors.

The court then heard that the tenant was deemed vulnerable and had refused all assistance from the council’s housing team.

There was also a suggestion of cuckooing, a practice where people take over a person's home and use the property to facilitate exploitation. It takes the name from cuckoos who take over the nests of other birds.

There are different types of cuckooing such as using the property to deal, store or take drugs.

The granting of such a home closure order is not taken lightly and must meet a civil case burden of proof rather than a criminal one, meaning the tenant has not been convicted of any crime.

The defendant, who had been evicted from a council house in another area before being housed in Newark and Sherwood, is now the only person allowed to reside at the address.

Mr Allcock, for the council, said issues began to arise virtually as soon as the tenant moved in January of last year. There was evidence of drug use, dealing, and anti-social behaviour that had led to police attending numerous times and finding drugs at the address at least twice.

Mr Allcock said the tenant had ignored formal warnings and did not have either the ability or desire to stop the behaviour of others.

He said: “It may be he is the victim of cuckooing and may not understand he is being exploited but, nevertheless, he has refused to engage.

“He believes these people are his friends.”

He said it was the conduct of others that was the primary concern to be stopped. These people, he said, were responsible for the prolific use and dealing of drugs from the property.

“There is a very real risk that if the order isn’t granted of an escalation in the severity, causing a risk to the defendant and the local community,” he said.

Newark Police have been visiting the address and patrolling the area regularly over the past 48 hours, and gave a commitment to continue to do that in court and arrest anyone found to be in breach of the order.

In granting the order, the presiding magistrate said she hoped it would be successful.

The tenant did not attend the hearing.

If you see anyone other than the tenant entering 1 Barker Way, Newark, call Nottinghamshire Police on 101.