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Decision details

Fixed Penalty Notices Review 2018/19

Decision Maker: Executive Councillor for Transport and Community Safety

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Purpose:

The Environmental Offences (Fixed Penalties) (England) Regulations 2017, came into force which gives the council the ability to increase fixed penalties for a number of environmental crime offences. This report considers the recommendation to increase a number of fixed penalties for environmental offences to the maximum amount and to offer an payment discount.

Decision:

Matter for Decision

The purpose of the Officer’s report was to:

a.  Inform the Executive Councillor and Scrutiny Committee Members of the revised fixed penalty notice (FPN) levels for environmental crimes, namely commercial waste receptacles, flyposting, graffiti, that came into force under The Environmental Offences (Fixed Penalties) (England) Regulations 2017 (The 2017 Regulations) on the 1 April 2018; the revised FPN levels for community protection notices under the Antisocial Behaviour, Crime and Policing Act 2014 (The 2014 Regulations); and the revised FPN levels for domestic waste offences as amended by the Deregulation Act 2015 (The 2015 Regulations).

b.  Seek authority to revise the current fixed penalty for offences related to commercial waste receptacles, flyposting, graffiti, community protection notice and domestic waste offences to the new legal maximum FPN level; and to give a discount of 40% (i.e. discounted fine value) for early payment provided payment is made within 10 days of the date the FPN was issued.

 

Decision of Executive Councillor for Streets and Open Spaces

Agreed to adopt the new legal maximum fixed penalty notice (FPN) level for offences related to commercial waste receptacles, flyposting, graffiti, community protection notice and domestic waste offences and to give a discount of 40% (i.e. discounted fine value), for early payment provided payment is made within 10 days of the date the FPN was issued, as detailed in the following table.

 

Offence

Maximum new fine level

Proposed discounted fine level

Summary of proposed fine amendment

Commercial waste receptacles

£110

£66

Increase of £10 to maximum fine level and £6 to discounted fine level

Flyposting

£150

£90

Increase of £75 to  maximum fine level and setting of a discounted fine level

Graffiti

£150

£90

Community protection notices

£100

£60

Increase of £40 to maximum fine level and £10 to discounted fine level

Domestic waste offences

£80

£48

Setting of a maximum and  discounted fine level

 

Reason for the Decision

As set out in the Officer’s report.

 

Any Alternative Options Considered and Rejected

Not applicable.

 

Scrutiny Considerations

The Committee received a report from the Operations Manager – Community Engagement and Enforcement.

 

In response to the report the Committee commented FPNs were an important crime deterrent.

 

The Operations Manager said the following in response to Members’ questions:

  i.  The Enforcement Team increased in number during 2014-15, so the number of FPNs issued increased accordingly. The amount of income (for the Council) increased, but not necessarily the number of crimes.

  ii.  People could pay the lower threshold of a FPN within ten days of a FPN being issued. If the person being fined contacted the council and said they had financial difficulties, the council could extend the payment period for the lower threshold. Each such contact would be dealt with on a case by case basis

  iii.  The Council did not accept part payments due to administration costs.

  iv.  If someone did not pay, or did not want to pay, they could wait for the case to go to the Magistrate’s Court where they could put their version of events. The Magistrates would then decide the outcome of the case.

  v.  Funding from FPNs could be used to help prevent future issues (eg bin provision), promotional materials for education, plus provision of tools for community payback schemes. Funding could be used flexibility.

 

The Committee unanimously resolved to endorse the recommendation.

 

The Executive Councillor approved the recommendations.

 

Conflicts of Interest Declared by the Executive Councillor (and any Dispensations Granted)

No conflicts of interest were declared by the Executive Councillor.

Publication date: 06/03/2019

Date of decision: 17/01/2019