Issue - meetings

Report of Head of Regulatory Services and Community Safety

Purpose of report

To review and agree the fixed penalty notice fines that can be charged for various environmental crimes.

Recommendations

The Executive resolves:

1.1         To approve the proposed increase to the fixed penalty fine levels for fly tipping, household duty of care, and littering offences or approve another amount above the current fine level if preferred.

Resolved

(1)           That the following increase to the fixed penalty fine levels for fly tipping, household duty of care, and littering offences be approved:

·       Description of offence: Unauthorised deposit of waste (fly tipping)

o   Penalty: £1000

o   Penalty if paid within 10 days: £500

·       Description of offence: Failure in household duty of care

o   Penalty: £600

o   Penalty if paid within 10 days: £300

·       Description of offence: Depositing little

o   Penalty: £500

o   Penalty if paid within 10 days: £250

The Head of Regulatory Services and Community Safety to review and agree the fixed penalty notice fines that can be charged for various environmental crimes.

Resolved

(1)          That the following increase to the fixed penalty fine levels for fly tipping, household duty of care, and littering offences be approved:

·         Description of offence: Unauthorised deposit of waste (fly tipping)

o   Penalty: £1000

o   Penalty if paid within 10 days: £500

·         Description of offence: Failure in household duty of care

o   Penalty: £600

o   Penalty if paid within 10 days: £300

·         Description of offence: Depositing little

o   Penalty: £500

o   Penalty if paid within 10 days: £250

Reasons

Fixed penalties can be an effective and visible way of responding to environmental crimes and provide a quicker and proportionate alternative to prosecution through the courts. The receipts from fixed penalties can be retained by the council and used to support the investigation of environmental offences. The Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023 increased the upper limits for some fixed penalty notices

Alternative options

Option 1: To leave the fixed penalty fine levels unchanged at current levels. This option was rejected as the current fine levels do not reflect the seriousness of the offences.

Option 2: To not issue fixed penalty notices but to proceed with prosecutions. This option was rejected because issuing a fixed penalty notice is a proportionate approach for dealing with lesser offences in accordance with the Council’s Enforcement Policy.

Option 3: To remove the early payment discount. This option was rejected in order to encourage and provide an incentive for early payment.