To consider a report by the Community Resilience Manager regarding the 2017 Environmental Offences (Fixed Penalties) (England) Regulations.
Contact:C Deeth 388233
Minutes:
With the assistance of a report by the Community Resilience Manager (a copy of which is appended in the Minute Book) the Committee received an update on the implementation of the Environmental Offences (Fixed Penalties) (England) Regulations 2017 which came into force on 1st April 2018.
The Committee were informed that Fixed Penalty Notices are a civil enforcement sanction used by Local Authorities as an alternative to prosecution for certain offences, The new Regulations make changes to the level of penalties for environmental offences setting a default, minimum, maximum and lesser penalty amount.
Having noted that penalty levels had not been reviewed for some time, the Committee were advised that the report proposed that Fixed Penalty Notices issued by Huntingdonshire District Council for Environmental Offences should be at the maximum level and not to offer a lesser amount for early payment. The number of Fixed Penalty Notices issued by the Council within the last year had increased and it was hoped that the increase would demonstrate the seriousness with which the Council views these type of offences. Details of proposed fine levels for specific offences were set out in paragraph 3.1 of the report.
Having welcomed the proposed increases as a deterrent against environmental offences, Members were advised that the ability to set differing amounts at a minimum or maximum level was intended to allow local flexibility such that local authorities could prioritise different offences for action. The issuing of Fixed Penalty Notices features as part of the delivery of the Council’s Corporate Enforcement Policy and very much as a last resort.
In response to a Member’s question concerning the Council’s policy on nuisance parking, the Committee were advised that whilst the Authority maintained a policy for those parking on District Council land, Cambridgeshire Constabulary were responsible for on-street parking and Members were advised to speak to their local policing team regarding any specific ongoing problems.
Whereupon and having noted that new Fixed Notice Penalty fine levels would be implemented from 1st July 2018 and that there will be minimal resource implications, it was
RESOLVED
a) that the Council’s Scheme of Delegation be updated to adopt the powers contained within the Environmental Offences (Fixed Penalties) (England) Regulations 2017;
b) that Fixed Penalty Notices be issued at the ‘maximum penalty amount’ and that a lesser amount for early payment will not be offered, as defined within the Environmental Offences (Fixed Penalties) (England) Regulations 2017 or any future amendment to the Regulations involving fine levels;
c) that the responsibility for the creation and maintenance of policies and procedures regarding the Environmental Offences (Fixed Penalties) (England) Regulations 2017 be delegated to the Head of Community in consultation with the Executive Councillor for Regulation and Operations.
d) that the Head of Community be authorised for the purposes for enforcement of the Environmental Offences (Fixed Penalties) (England) Regulations 2017, with the ability to authorise such other Officers as considered appropriate. In the case of any legal action, any decision to be made in consultation with the Head of Legal Practice.
Supporting documents: