Agenda item

*RESOLVED –

1.   That the proposals to enable enforcement of the provisions of the Littering from Vehicles outside London (Keepers: Civil Penalties) Regulations 2018 enacted under the Environmental Offences (Fixed Penalties)(England) Regulations 2017, as detailed in the officer’s report, be approved.

2.   That the new legal maximum FPN level of £150 for littering offences and the discount for early payment of £60, provided payment is made within 14 days of the date the FPN was issued, be adopted.

3.   That the Council’s constitution be amended to delegate authority to the Assistant Director for Health & Wellbeing to introduce and carry out the new powers, and to authorise the appropriate officers to issue FPNs, under the Environmental Protection Act 1990 and The Littering from Vehicles outside London (Keepers: Civil Penalties) Regulations 2018.

4.   That the level of penalty be reviewed within 12 months of the date of this report.

REASONS FOR DECISIONS

1.   Littering is a significant blight on local environments as a source of pollution, a potential danger to public health and a hazard to wildlife which imposes avoidable costs on the public purse and draws money away from other priorities.

2.   The intention is that the level of the new fixed penalty will act as a deterrent to people littering in the streets and on open spaces; and that local authorities using them will see a decrease in the number of littering incidents.

The Senior Environmental Health Officer submitted a report to inform members of the new powers for littering that came into force on 1 April, 2018, and to seek approval for a revised level of fixed penalty including early payment discount.

The report outlined the changes which impacted local authorities as a result of the new legislation; these included giving local authorities the ability to raise fixed penalty notices to a new maximum level, with a reduction for early payment at the discretion of the local authority, and to issue civil penalty notices to the registered keeper of a vehicle from which litter has been thrown.

The report proposed to set the maximum level for fixed penalty notices at £150 to reflect the seriousness of the offence, however to offer a reduction to £60 if paid within 14 days to encourage early payment.

An equality impact assessment had been carried out by DEFRA with regards to the new regulations. Details of risks associated with the legislation were included in the report along with mitigating actions.

*RESOLVED –

1.   That the proposals to enable enforcement of the provisions of the Littering from Vehicles outside London (Keepers: Civil Penalties) Regulations 2018 enacted under the Environmental Offences (Fixed Penalties)(England) Regulations 2017, as detailed in the officer’s report, be approved.

2.   That the new legal maximum FPN level of £150 for littering offences and the discount for early payment of £60, provided payment is made within 14 days of the date the FPN was issued, be adopted.

3.   That the Council’s constitution be amended to delegate authority to the Assistant Director for Health & Wellbeing to introduce and carry out the new powers, and to authorise the appropriate officers to issue FPNs, under the Environmental Protection Act 1990 and The Littering from Vehicles outside London (Keepers: Civil Penalties) Regulations 2018.

4.   That the level of penalty be reviewed within 12 months of the date of this report.

REASONS FOR DECISIONS

1.   Littering is a significant blight on local environments as a source of pollution, a potential danger to public health and a hazard to wildlife which imposes avoidable costs on the public purse and draws money away from other priorities.

2.   The intention is that the level of the new fixed penalty will act as a deterrent to people littering in the streets and on open spaces; and that local authorities using them will see a decrease in the number of littering incidents.