Decision details

The Cabinet gave consideration to a report of the Community Safety Manager and Environmental Health Manager, seeking approval for proposed increases to Fixed Penalty Charge levels and to the use of Fixed Penalty Notices for offences of fly-tipping and breach of the household waste duty of care.

The Cabinet was informed that there were a number of legislative powers to control negative behaviours which impacted upon the environment and communities, which the local authority was able to enforce through the issue of Fixed Penalty Notices (FPNs) as an alternative to prosecution.

Within the respective legislation the maximum values for Fixed Penalty Charges in respect of each of the offences was prescribed, however the local authority was able to set the values at any level up to the maximum allowed and was also able to offer further reductions through the provision of an early payment scheme.

The local authority could seek prosecution if the Fixed Penalty Charges were not paid.

Historically local values had been set at significantly lower levels than the

maximum allowed.

The current low value levels were believed to be a contributory factor in continuing negative behaviours, and it was believed that an increase in the values would deter individuals and organisations from such conduct.

Members were informed that there was also an existing power to issue FPNs for fly-tipping and breach of the household waste duty of care, which the local authority did not currently exercise. All fly-tipping and duty of care enforcement was undertaken through prosecution, however this could be resource intensive and could be disproportionate. The ability to use FPNs as an alternative allowed for officer discretion according to the circumstances of the case.

Options/Alternatives considered:

1. To approve the proposed changes to the values of the Fixed Penalty Charges and to approve the use of Fixed Penalty Notices for fly-tipping and breach of the household waste duty of care with the level set at the maximum £400.00 with an option to pay a reduced rate of £280.00 for early payment.
2. To approve the proposed changes to the values of the Fixed Penalty Charges and to approve the use of Fixed Penalty Notices for fly-tipping and breach of the household waste duty of care but set alternative Charge levels.
3. To retain the existing levels of Fixed Penalty Charges.
4. To retain prosecution action only for fly-tipping and breach of the household waste duty of care.

RESOLVED that:

1. The proposed increases to the Fixed Penalty Charge Levels be approved
2. The use of Fixed Penalty Notices for offences of fly-tipping and breach of the household waste duty of care be approved.