Agenda item

            The Sub-Committee was advised that the Clean Neighbourhoods and Environment Act 2005 provided local councils with new powers to clamp down on environment crime such as abandoned vehicles, fly tipping, litter, graffiti, dog fouling, noise and other nuisances including light pollution. Of particular significance was the extension of the use of Fixed Penalty Notices (FPNs) as a means of dealing with offences as an alternative to prosecution. The Act also allowed authorities to retain the proceeds of Fixed Penalty receipts to fund enforcement and related activity. FPNs could not be used in respect of fly-tipping offences, other than for very small amounts not exceeding one bag. Due to the serious environmental impact of fly tipping, incidents should be dealt with by prosecution where the offender had been identified.

 

            In addition, the Act gave Councils discretion to offer a discount for early payment of an FPN. Although there were prescribed minimum penalty levels that the discounted penalty must not fall below, as set out in the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2006. The report outlined FPN amounts and recommendations where the Council had discretion.

 

            It was reported that in setting FPN levels and discounted amounts for early payment, consideration would be given to the deterrent effect of different levels and also people’s readiness to pay, together with the likely fines that would be imposed in the Magistrates’ Court for non-payment. Fixed penalties that were too high for local conditions would be counterproductive, as they would lead to substantial non-payment rates, as would payments that were higher than the likely fine in the event of non- payment. The recommended FPN amounts were considered to be reasonable in light of the experience of issuing FPNs to date.

 

            The Sub-Committee was further advised that litter authorities could now enter into arrangements so as to enable any person (or the employee of any such person) to give such notices. It was noted that PCSOs also had the power to issue Section 88 notices under the Police Reform Act 2002. The Department was currently looking at how this could be put to best effect in a wider project to address litter waste and untidy areas which would be the subject of a further report.

 

            RESOLVED: That the Sub-Committee:-

 

(1) Note the following Fixed Penalty Notice amounts that were set by statute:

 

(a) Nuisance Parking - £100;

(b) Abandoning a Vehicle - £200;

(c) Failure to Produce Authority (Waste Transfer Notes) - £300;

(d) Failure to Furnish Documentation (Waste Carrier’s Licence) - £300;

(e) Noise from Licensed Premises - £500.

 

(2) Approve the following Fixed Penalty Notice amounts that may be set by the Local Authority:

 

(a) Litter - £75;

(b) Street Litter Control Notices and Litter Clearing Notices - £100;

(c) Unauthorised Distribution of Literature on Designated Land £75;

(d) Graffiti and Fly-Posting - £75;

(e) Offences in Relation to Waste Receptacles - £100;

(f) Offences under Dog Control Orders - £75.

 

(3) Approve the following Fixed Penalty Notice amounts discounted for early payment:

 

(a) Litter - £50;

(b) Street Litter Control Notices and Litter Clearing Notices - £75;

(c) Unauthorised Distribution of Literature on Designated Land - £50;

(d) Graffiti and Fly-Posting - £50;

(e) Failure to Produce Authority (Waste Transfer Notes) - £250;

(f) Failure to Furnish Documentation (Waste Carrier’s Licence) - £250;

(g) Offences in Relation to Waste Receptacles - £70;

(h) Offences under Dog Control Orders - £50;

 

(4) approve the time period for early payment discounts as being within ten days;

 

(5) delegates authority to the Strategic Director Environment and the Operational Director Environment and Regulatory Services to make any further changes to Fixed Penalty Notice amounts and early payment discounts as may be required; and

 

(6) the Operational Director Environment and Regulatory Services be given the power to authorise suitable individual persons to implement these powers and issue Fixed Penalty Notices.