Agenda item

Report from the Strategic Director of Regeneration and Environment.

Recommendations:

That Cabinet:

1.    Agree the proposed increased level of fixed penalties prescribed by sections 2 and 3 of The Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023.

2.    To agree to recommend the proposed increases in maximum levels of fixed penalties to Council for adoption as part of the setting of fees and charges for the 2024 to 2025 financial year.

Consideration was given to the report which explained that the financial level of fixed penalties that could be issued by Local Authorities to fly tippers and litterers had been increased through the Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023. The maximum amounts were now £1,000 for fly tipping, £600 for household duty of care waste offences and £500 for littering. The penalty upon conviction via a prosecution for fly tipping remained an unlimited fine and/or imprisonment. Cabinet were asked to agree to the proposed increases and recommend to Council that the increases be adopted by Council as part of the setting of fees and charges for the 2024/25 financial year.

Councils could issue Fixed Penalty Notices where people were found to have littered and could prosecute or issue Fixed Penalty Notices to individuals or companies that commit fly tipping offences. The level of these Fixed Penalty Notices were set through statutory instruments from Government. At the Council Meeting on 1st March, 2023, the Council set fees for the 2023/24 financial year. Included within these fees were the levels of Fixed Penalty Notices for fly tipping and littering offences. Currently the Council had set the levels of these Fixed Penalties in accordance with the Environmental Protection Act 1990 and the Environmental Offences (Fixed Penalties) (England) Regulations 2017, with the maximum amount for littering at £150 and the maximum for fly tipping at £400.

The proposed charges for individual types of offences were:

·       Litter – Maximum fine of £500 reduced to £150 if the fine is paid within 14 days

·       Fly-Tipping – Maximum of £1,000 however different scales of fly tipping will be subject to differing fine levels:

o   Tier 1 (1-5 bags) - A proposed fine of £800 reduced to £400 if paid within 14 days

o   Tier 2 (over 5 bags/car boot) – A proposed fine of £800 reduced to £400 if paid within 14 days

o   Tier 3 (Large fly tip /tipper load) – A proposed fine of £1000 Household

·       Duty of Care – Maximum of £600 reduced to £300 if paid within 14 days

Officers would retain discretion to take alternative actions or prosecutions where this was deemed appropriate. It was confirmed at the meeting that the Council was committed to robust enforcement action.

Resolved:

That Cabinet:

1.    Agree the proposed increased level of fixed penalties prescribed by sections 2 and 3 of The Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023.

2.    Agree to recommend the proposed increases in maximum levels of fixed penalties to Council for adoption as part of the setting of fees and charges for the 2024 to 2025 financial year.