Retail environment
Three Little Words That Say “You’ve Been H.A.D.”
Anti-Social Behaviour (ASB) - Retail’s “Forgotten Victims”
Anti-social behaviour (ASB)—three little words that have for many years been expected to perform some heavy lifting in terms of attempting to describe a multitude of major societal wrongs.
Put simply, the acronym ASB falls far short of the task of communicating the reality of the corrosive effects that it has on the world of retail. And ASB is not alone in this world of understatement. For example, the word “shoplifting” which has been extensively used to cover the panoply of store theft incidents—from the opportunistic individuals to organised criminal gangs—makes a crime that often involves violence, aggression and intimidation, seem trivial, inconsequential, and low priority when it comes to law enforcement.
Or, in the world of cargo theft where the crime of hijacking and stealing millions of pounds worth of iPhones from a parked-up trailer, for example, is still currently categorised—or trivialised—as a “theft from vehicle” in the same way a pair of sunglasses stolen from a car’s front seat would be viewed.
At least with the new Crime and Policing Act 2026 which officially abolished the £200 threshold for shoplifting which had since 2014 allowed it to be treated as a “summary-only” offence with reduced sentencing, provided some hope of store theft being taken more seriously. The Bill also introduces the criminal offence of assault of a retail worker which also highlights the Government’s new intention to get tough under the new heralded Tackling Retail Crime Together strategy.
Likewise, with the imminent introduction of the Freight Bill, the categorisation of theft from vehicle will be removed in this context and replaced with one of conspiracy, which is “freighted” with more serious consequences when it comes to literal highway robbery or high value organised supply chain heists.
The words anti-social behaviour on the other hand continue to imply and convey a sense of largely benign activity which is at worst “annoying” rather than the serious and corrosive actions that demand more robust law enforcement.
This, it is hoped, could be on the cusp of change though with tougher sanctions on offer through the Crime and Policing Act, an amendment to the 2014 Anti-Social Behaviour Act, as highlighted further on in this article.
Retail
Retail, by its shop window and high-profile visibility is a major target for ASB, with over 60 per cent of the UK high street reporting increases in incidents. Key drivers of this trend involve groups of youths intimidating staff, ASB and shoplifting driven by both economic hardship and organised crime rings, as well as violence erupting when workers attempt to intervene.
As difficult it has been to get police forces to respond to business crime, securing action against perpetrators of ASB on the high street has traditionally proven even more challenging.
This was illustrated by the powerlessness of the response to a significant spike in weaponised ASB earlier this year when hundreds of youths gathered for viral “linkups” organised on TikTok and in late March, massive flash mobs on Clapham High Street and Clapham Common forced local businesses—including Marks & Spencer and Sainsbury’s—to lock their doors.
The gatherings, although intimidating, were not illegal per se, but the consequential actions fell into the criminal sphere when the assembly inevitably turned ugly resulting in fireworks being set off and assaults on police officers. This led to several arrests, although, interestingly, no internet or social media enabling ring leaders were brought to justice for criminal conspiracy.
Other examples of ASB gone wrong include the fire that engulfed a Dunelm store in May last year where miraculously no lives were lost but the actions of those involved caused millions of pounds worth of damage and lost revenue. The criminal case against the alleged perpetrators later collapsed (see story on page 15).
Pilkington Case
However, it is the Fiona Pilkington case in 2007 that is widely recognised as a landmark tragedy and the slow turning point in the war on ASB, although progress has been woefully glacial.
The case—and the failings highlighted—prompted Julian Richer, the founder of Hi-Fi giant Richer Sounds to set up the charity ASB Help to signpost support for victims.
The facts of the case where a mother died by suicide along with her disabled daughter in 2007 after enduring a relentless seven-year campaign of anti-social behaviour and hate crime. This sustained trauma, which also included a cruel and vicious assault on her son Anthony, left a long and indelible scar around systemic failings after the family was tormented by local youths who threw eggs and stones, damaged fences, verbally abused, and harassed them in their own home.
An Independent Police Complaints Commission (IPCC) report found that Leicestershire police treated incidents in isolation, failed to recognise the family as vulnerable repeat victims, and did not link the catalogue of complaints.
Tragically, the Pilkington case is just one of many high profile ASB cases that resulted in tragic endings, according to the Victims Commissioner report which said:
“The deaths of Dr Suzanne Dow, Fiona Pilkington, Bijan Ebrahimi, Matthew Boorman, Stephen and Jennifer Chapple, David Askew, Louise Lotz, and of course, Garry Newlove, can be directly attributed to ongoing campaigns of anti-social behaviour.
Crucially, we must not treat each incident in isolation and fail to appreciate the cumulative impact on the victim. This was highlighted in the Pilkington serious case review.”
What is ASB?
Before defining what ASB is, it’s important to stress what it isn’t—and that it is reported enough to allow accurate data capture around the issue.
Last year, while the police alone took an estimated one million calls, figures from the Home Office suggest that 62 per cent of people that either witness or experience ASB do not report it for a variety of reasons.
And assuming that the same level of reporting goes to councils and housing associations, charity ASB Help said: “We can gather that there are around 6 million incidents of ASB, over half of which are not reported.”
“The reasons for not reporting, certainly in the retail sector would be, for example, fear of reprisals, indirectly knowing the offender, which is especially relevant in small towns and villages, and potentially a lack of belief in the ability of police or other organisations to effectively expedite their enquiries as far as possible.”
Although official ASB incidents have seen a general long-term decline across the UK, dropping by roughly 52 per cent since the Anti-Social Behaviour, Crime and Policing Act 2014 provided police and local councils with streamlined powers to tackle local nuisance and environmental crimes, it remains a significant community issue with many victims feeling that problems are still escalating.
Research commissioned by Resolve and conducted by YouGov last year highlighted the ongoing and escalating issue of ASB and its devastating impact on communities and victims, further underscoring the urgent need for continued focus and systemic change in how it is addressed.
Over two-fifths (42 per cent) of respondents reported an increase in the level of ASB in their local area, with 17 per cent stating it had increased significantly, and 25 per cent noting a slight increase.
ASB is also treated differently under the law.
It is technically not classified as a specific criminal offence, a loophole that means it is often dismissed as “a dispute” or “low level” rather than an offence, leaving victims without redress because they not legally entitled to the automatic support and rights outlined in the Victims Code.
This means victims will have to also pursue remedies through agencies other than the criminal justice system such as the civil courts, their local authority, or even having to innovate with their own remedies.
The Co-op famously introduced the playing of classical music over loudspeakers outside its convenience stores in the early 2000s to disperse loitering youths across Devon and Hampshire where shop regulars felt intimidated. The result was successful in making entrances a “less cool” assembly point and the problem was displaced elsewhere.
The story made the headlines, as did store trials by other retailers of the controversial “mosquito” soundscape, a high-pitched noise that could only be heard by younger ears, but later abandoned because of a higher risk of civil litigation resulting from potentially longer-term harm or health risks for recipients.
The media noise around these novelty approaches however, only served to further compound the issue that ASB was simply a bit of a nuisance.
Feeling and Being “H.A.D.”
Proving ASB in order to pursue action has therefore become more about how the victim “feels”, as defined by another acronym, H.A.D.—Harassment, Alarm, and Distress.
“People experience ASB differently, and it is defined by how you feel,” said Jo Grimshaw, the former head of ASB, Youth Partnerships, and Tactical lead for Serious Violence at Surrey Police.
“H.A.D is about the impact it has on everyday life—your health and well-being. Victims of ASB are not afforded the same rights as someone who is a victim of crime who has statutory rights under the victims’ code,” added Jo, who worked closely with the National Police Chiefs’ Council (NPCC) portfolio holder for ASB and the National Business Crime Centre (NBCC).
The Victims’ Commissioner has long campaigned against this classification, arguing that police often do not refer victims to support services, leaving them feeling trapped and ignored.
This means victims have a more difficult task to prove an incident meets the criminal liability threshold let alone eradicating the problem.
Jo Grimshaw, who was a civilian officer, became a conduit to many of the forty-three police forces with the aim of fostering good practice and a consistent approach by police forces to tackle ASB, added: “ASB is any aggressive, intimidating, and destructive behaviour that causes harm, alarm, and distress to others or destroys another person’s quality of life.”
“Retailers are often the targets of ASB from a wide range of groups—young people, those dependent upon substance use, and aggressive, persistent, and prolific shop thieves.”
“ASB per se is not treated as a crime despite the nature and harm of the activity.”
“If it’s not dealt with appropriately and in a timely manner, it can have a devastating effect on the lives of individuals and communities.”
“Those on the receiving end will rarely be offered victim support or any guarantees of a satisfactory resolution which can leave them feeling that there are few avenues to explore. It is often a police matter, but it can also require a multi-agency approach involving local authorities and other partner agencies,” said Jo who from the 1 September became a partner at ASB consultancy Green & Burton.
Remedies and Support
Remedies include ASB civil injunctions, Criminal Behaviour Orders (CBOs), and dispersal orders.
There are also remedies through the civil courts including providing impact statements to uphold any of the above sanctions via the Criminal Evidence Act where stores can produce statements to the court on behalf of staff so that they don’t have to attend court.
Other options such as designing out the ASB could be explored with Local Authority Community Safety Teams or BIDs with the support of specialist officers within the police.
Advocacy groups like ASB Help emphasise that recognising victim vulnerability cannot be rushed and that agencies must proactively address the cumulative impact of harassment.
Mark Johnson, practitioner and policy support manager for ASB Help said the scourge of anti-social behaviour—which he said should be treated as a crime—has its roots in serious organised criminality, including aggressive begging and county lines.
“We are here to help retail victims because we know it is hell on the high street in terms of anti-social behaviour, violence, and intimidation,” said Mark, an experienced trainer who has used his ability to coach student police officers, community safety partners, and public service investigators.
One of the areas Mark and the team are encouraging retailers to do is to promote the use of the ASB Case Review as a means for retail establishments to hold agencies—police, local authorities, etc—to account if they feel they are not listening and the anti-social behaviour is continuing.
“The often overlooked ASB Case Review is extremely important because it’s not just individuals who can apply to have their voices heard when they are targeted by harassment, alarm, and distress—organisations such as BIDs can do exactly the same.”
“It’s concerning that the overwhelming percentage of people asked about a case review had not even heard of it, let alone between part of its process.”
He said they could urge police to make better use of the little-known dispersal powers under s.37 of the 2014 ASB Act which still exist.
Here, police are granted the power to direct individuals to surrender property if it is reasonably believed the item has been, or is likely to be, used to cause harassment, alarm, or distress to the public.
This could include, for example, the removal of mobile phones for the length of the notice, a move that could prove like kryptonite for organised gangs using the Internet to disseminate calls to arms for mobilising high street mobs or for the filming of intimidation, violence, or aggressive encounters in shopping areas.
“So much of what comes under ASB is violence and aggression rather than simply lads larking about,” said Mark who served thirty-two years as a police officer and received Chief Constable commendations for outstanding public service and his ability to promote partnership working.
“The rise in shop theft can go hand-in-hand with gun and knife crime, and anti-social behaviour—something we will be relentless in our efforts to help businesses stop,” he added.
Toughening ASB Rules Under the Crime and Policing Bill
While ASB is still not a crime, the 2026 Crime and Policing Act could yet prove to be a game changer in terms of enhancing the existing powers available to the police and other local agencies under the Anti-Social Behaviour, Crime and Policing Act 2014 to tackle ASB. This includes:
Introducing the Respect Order, a new civil behavioural order to enable courts to ban adult offenders from engaging in specified activities relating to their ASB. Breaching an order will be a criminal offence, meaning the police can enforce via arrest thus providing relief to affected communities and victims. The Respect Order can also compel perpetrators to take action to address the root cause of their behaviour and will be piloted to ensure that it is effective before national roll-out.
Extending the maximum exclusion period for dispersal directions from
48 hours to 72 hours, with a mandatory review at forty-eight hours. This will allow dispersal directions to apply over weekends and bank holidays, providing crucial respite to those affected by ASB.
Increasing the upper limit for a fixed penalty notice for breaches of a Public Spaces Protection Order (PSPO) or a Community Protection Notice (CPN) from £100 to £500. This will act as a stronger deterrent and is expected to reduce incidents of ASB.
Extending the timeframe that relevant agencies can apply to a Magistrates’ court for a closure order from 48 hours after service of a closure notice to
72 hours. This will give agencies more time to progress an application, protecting the victim and community in the interim while an order is sought.
Extending the powers available under the Community Safety Accreditation Scheme (CSAS) to allow CSAS officers to issue fixed penalty notices for breach of CPNs and PSPOs. This is designed to boost ASB enforcement capability and broaden the range of partners that can take action to tackle ASB, freeing up police resources.
Creating a duty for PCCs to promote awareness of the ASB case review in their police force area and provide a route for victims to query decisions via their office. This will aid consistency and accountability across all force areas, so victims can benefit from a more consistent service.
Introducing new ASB data reporting requirements to improve the national picture of how powers are being used and why, allowing better monitoring of targeted ASB interventions to inform future Government work to tackle ASB.
Removing the requirement for a police officer to issue a warning before seizing a motor-vehicle being used to cause ASB.
Introducing new criminal offences of facilitating begging for gain, an exploitative tactic often used by criminal gangs to obtain cash for illicit activity and trespassing with intent to commit a criminal offence. This was to ensure that when the Vagrancy Act 1824 was repealed at the end of June this year, the police still had the powers they need to protect people and property.
Like the crime of assault on retail staff, and the duty to make a CBO when a person is convicted of this new offence, all of the above changes under the Crime and Policing Bill could assist the retail community in removing the oxygen that keeps ASB alive on the high street.
But the burden of proof and the need to be supported by the civil code still means the three little words—or letters (ASB)—are doing a lot of heavy lifting which means that in reality retailers will still have to take the strain and the pain when it comes to the rapid removal of those who seek to disrupt the customer journey along the UK’s high street.
For more information on ASB
Jo Grimshaw - jo@greenandburtonasb.co.uk
Mark Johnson - mjohnson@asbhelp.co.uk
Or visit www.asbhelp.co.uk.
