Agenda item

To review the current fixed penalty for offences relating to littering, fly tipping and household waste duty of care.

Following the introduction of new regulations in July 2023 and with the assistance of a report by the Community Protection and Enforcement Team Leader (a copy of which is appended in the Minute Book) the Committee reviewed the Fixed Penalty Notices (FPNs) available to the District Council for environmental crimes.

By way of introduction, the Committee were informed that the Department for Environment, Food and Rural Affairs (DEFRA) had undertaken a consultation in 2023 regarding the amounts paid for Fixed Penalty Notices (FPNs). Proposals were now being put forward to revise the current fixed penalty for offences related to littering, fly tipping and household waste duty of care.

The Committee were advised that it was proposed to adopt a tiered approach consistent with the offence, to offer a discount of 25% for early payment and also extend the period during which a payment for FPNs can be made. Attention was drawn to paragraphs 3.2 and 3.3 of the report which set out the current levels of fines and the proposed changes for littering, fly tipping and household duty of care offences. Details of the levels of littering and fly-tipping which would comprise each tier were also provided.

In opening the discussion, the Executive Councillor for Customer Services Councillor S Ferguson reiterated that environmental crime continued to pose a serious problem for the District and outlined his support for the proposals. He also referred to the fervour with which littering, and fly tipping continued to be investigated by the Authority and his recent positive day out, on the job with the enforcement team investigating offences.

In terms of the level of fines proposed and the extent to which they compared with neighbouring authorities; the Committee were advised that a standard approach had been agreed countywide with some variations to acknowledge local differences. Members were also advised that discussions had been held with Peterborough City Council in recognition of the fact that most of fly tips within the northern corridor of the District come from Peterborough.

Councillor S Criswell expressed concern at the proposal to offer a 25% discount to those that pay within fourteen days rather than twenty-eight. In explaining the rationale for this decision, the Committee were informed that this had been designed to encourage more individuals to pay the FPN and settle their case outside of court. Members were also reminded that the guidance produced by DEFRA specified that local authorities could not gain a financial incentive from the receipt of FPN’s. Consequently, any receipts could only be used for the prevention, detection, and investigation of environmental crime.

With regards to the potential for non-payment of fines, Councillor S Bywater queried whether there was a potential that this might increase should the amount of the fine be increased. In response to which, Members noted that the new levels would be used as a template for the courts to match. In court cases efforts were always made recover 100% of costs including the clearance of the fly tip, officer, and legal time. The Committee were also advised that there were certain circumstances where a Fixed Penalty Notice would not be offered, and a more appropriate response would be to allow the magistrates to decide and grant a more severe punishment.

In response to Councillor P Kadewere comments about the need for additional signage in certain areas to warn of the consequences of littering and fly tipping, Members were asked to contact the team to alert them of any hotspots. Having noted that that work was also undertaken to place signage in areas owned by social landlords, Councillor A Costello drew attention to the problems of littering in Slade Dyke in Ramsey. In response to which and considering the potential for flooding in the area, Officers agreed to undertake a targeted awareness raising campaign in this area.

Having noted that the number of Fixed Penalty Notices issued in any one year was dependent on the weight and quality of evidence available, the Committee went on to discuss the ways in which the Council publicise that FPNs could be issued for environmental crime. Members were advised that steps were taken to publicise successful prosecutions and the discovery of large fly tips. The team also regularly promoted a list of best practice to householders to use when selecting traders to dispose of their waste. Details relating to the number of FPNs issued were included in an annual basis within the Council’s Corporate Plan. Arising from which, Councillor M Beuttell suggested that it may be useful to involve Town and Parish Councils to advertise the risks of receiving a penalty.

With regards to the use of social media, comment was also made about a potential role for District Councillors to report rogue traders who were active on social media to the Community and Protection Enforcement Team. Having acknowledged that householders who use the services of rogue traders could receive a penalty for not following duty of care, Councillor S Howell enquired whether there was any infographics that they could share on their own social media pages to warn their residents. In response to which, officers agreed to also circulate this to Town and Parish Councils. Members also acknowledged that should the proposals be approved a wide-spread media campaign would be undertaken to explain the principles of duty of care.

With reference to the forthcoming changes in the District Council’s collection service for garden waste, Councillor C H Tevlin sought assurance regarding the monitoring of fly-tipping within the District. Having noted that monitoring would continue and any increase in green waste would be highlighted to the Operations Team, the Executive Councillor for Customer Services agreed that it would be beneficial to monitor this more formally and requested that further consideration be given to a metric which might be reported as part of quarterly performance reports.

In drawing the discussion to a close the opportunity was taken to raise issues with dog fouling in the District. Members were reminded that the Public Spaces Protection Order (PSPO) for Dog Control had been approved at the last meeting of the Committee and that fines for dog fouling were set by Anti-Social Behaviour legislation. Members with ward specific issues were encouraged to provide information to the Community Protection and Enforcement Team for further investigation. In terms of the availability of signage warning of potential of fines for dog fouling, the Committee were informed that new QR coded signage had just been created to highlight the rules and restrictions of the PSPO. Members were encouraged to advise the team of any locations or hotspots where these might be required.

Whereupon and having indicated their support for the proposals, the Committee

RESOLVED

a)  that the new higher value and tiered levels of Fixed Penalty Noticed for offences related to littering, fly-tipping and household waste duty of care be adopted;

b)  that recipients of Fixed Penalty Notices be offered the option of a 25% discount against the value of the Fixed Penalty Notice for early payment; and

c)  that the payment period for Fixed Penalty Notices for littering, fly-tipping and house waste duty of care be amended to 28 days and the early payment (discounted Fixed Penalty Notice level) period to 14 days.