Decision details

Introduction of new powers to increase levels of fixed penalties.

Matter for Decision

To inform the Executive Councillor and Scrutiny Committee Members of the new powers for littering from a motor vehicle that came into force on the 1st April 2018 under The Environmental Offences (Fixed Penalties) (England) Regulations 2017 (“The Regulations”), which amend sections 34A(12), 47ZB(4)(5),and 73A(2)(b) (3) & (8) of the Environmental Protection Act 1990; and The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018.

To seek authority to revise the current fixed penalty amount for littering to the new legal maximum FPN level of £150 for all littering offences and to give a discount of £90 (i.e. discounted fine value of £60) 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

       i.          Delegated authority to the Head of Environmental Services to introduce the new powers and to authorise the appropriate officers to issue fixed penalty notices (FPNs) under The Environmental Protection Act 1990 and The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018.

    ii.          Adopted the new legal maximum FPN level of £150 for littering offences and to give discount for early payment of £90 (i.e. discounted fine value of £60) provided payment is made within 10 days of the date the FPN was issued.

Reason for the Decision

As set out in the Officer’s report.

Any Alternative Options Considered and Rejected

Not applicable.

Scrutiny Considerations

The committee made no comments in response to the report from the Enforcement Team Manager.

The Committee unanimously resolved to endorse the recommendations.

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.