Agenda item

Fixed Penalty Notice Enforcement Charges for Fly Tipping & Waste Related Offences

(Cabinet Members with Special Responsibility Councillor Warriner & Hughes)

 

Report of Chief Officer (Health & Housing)

 

Minutes:

(Cabinet Members with Special Responsibility Councillors Warriner & Hughes)

 

Cabinet received a report from the Chief Officer (Health & Housing) to establish Fixed Penalty Notice (FPN) enforcement for fly tipping and specific other waste related offences and set the levels for fixed penalty charges.

 

The options, options analysis, including risk assessment and officer preferred option, were set out in the report as follows:

 

 

Option 1: Set FPN charges at the maximum permitted to be paid within 21 days (with no early payment reduction).

Option 2: Set FPN charges at the maximum permitted (with early payment if paid within 10 days at the amount proposed at paragraph 4.2 )

Option 3: Set FPN charges at lower levels (to be decided by the Cabinet meeting)

Option 4:

Decide not to implement FPN enforcement for these offences at this time.

 

 

 

 

 

 

 

 

 

 

 

 

 

Advantages

·     Full charge levels aligned with those of the other Lancashire councils noted in this report.

 

·    The maximum level of fixed penalty charge would provide the maximum deterrent effect.

·     Demonstrates that the council is maximising impact of FPNs.

 

 

·      Full charge levels aligned with those of the other Lancashire councils noted in this report.

·      The maximum level of fixed penalty charge would provide the maximum deterrent effect.

·      Consistent with Lancaster PSPO & Dog-related FPNs in terms of early payment discount and timescales.

·      Policy of offering early payment reduction would be aligned largely with other Lancashire councils.

·      Demonstrates a strong enforcement sanction maximising impact of FPNs whilst offering a less costly option to avoid further action.  This can be seen as a balanced approach, speeding up resolution and reducing the need and staffing implications of avoidable prosecutions.

·      The receipts from early payment charges would still help to cover the council’s clean-up and disposal costs.

·      More people might opt to pay a lower level of penalty rather than risk being prosecuted.  This would benefit staffing capacity in the council’s Legal team.

 

·    There is no obligation to issue FPNs for offences, as regulations state that an authorised officer ‘may’ issue a FPN.

·    No FPN administration requirements

 

 

 

 

 

 

 

Disadvantages

·    Inconsistent with ASB, PSPO & Dog-related FPN enforcement which offers early payment discounted charges.

·     Likely to result in higher levels of non-payment, substantially increasing the quantity and burden of prosecution work.

 

 

 

·     Lower deterrent effect than would be provided by a higher level of charge.

·     Inconsistent with both existing PSPO and levels set by other councils in Lancashire.

 

 

·  The benefits of FPM enforcement would be missed.

 

 

 

Risks

·    Could be perceived as ‘harsh’ compared to those councils having set lower charge levels of for early payment

·     More resources tied up in prosecutions due to non-payment.

 

 

·      Council could be criticised for offering a ‘cheap’ way out of formal action.

• Council could be criticised to some degree as insufficiently strong on enforcement sanctions.

·      Undermines the reach, impact and efficiency of the proposed enforcement.

·      Would not in relation to enforceable offences recover the Council’s average costs of removing fly tipped waste.

 

 

 

The officer preferred recommendation is Option 2 - that the level of charge for Fixed Penalty Notices is set at the maximum permitted level payable within 21 days, and that the amount payable is reduced as set out in paragraph 4.2 where payment is received within 10 calendar days of the date of issue.

 

The levels of charge in Option 2 provide the greatest deterrent available which complementing the approach the council is taking to tackle fly tipping, and providing an incentive to pay FPNs early (minimising the requirement for court proceedings). 

 

Approving FPN enforcement and setting the level of penalty charge for offences at the highest level available sends a clear message about how seriously the council is taking the issue of fly tipping.  It provides the biggest available FPN penalty charge deterrent to perpetrators of fly tipping.

 

Alternative levels of penalty charge below the maximum £400 would be equally enforceable.

 

Councillor Hughes proposed, seconded by Councillor Warriner:-

 

“That the recommendations, as set out in the report, be approved.”

 

Councillors then voted:-

 

Resolved unanimously:

 

(1)          That enforcement by way of fixed penalty notices be established for fly tipping and waste disposal related offences as described in the report, in order to deter and deal efficiently with offending and ultimately to help improve the cleanliness of neighbourhoods and open spaces.

(2)          That the levels of fixed penalty charges be set at the maximum permitted with early payment reductions if paid within 10 days, as set out in the report.

Officer responsible for effecting the decision:

 

Chief Officer (Health & Housing)

 

Reasons for making the decision:

 

The decision is consistent with the Clean & Green Corporate Priority and contributes to the Lancaster District Community Safety Strategy.  Use of Fixed Penalty Notices should help prevent, deter and disrupt fly tipping offenders allowing the Council to deal with lower-level offences in the most efficient and effective way.

 

Supporting documents: