The Public Facing Environment Panel of Chichester Council met on Monday 24 June 2024 to discuss the future of the environmental enforcement contract and the associated Fixed Penalty Notice (FPN) rates. The panel resolved to recommend a tender process for a new commercial concession contract and to increase FPN charges for littering and dog control offences.

Environment Enforcement Contract Tender Invite and Fixed Penalty Rates

Councillor Brown introduced the discussion on the environmental enforcement contract, highlighting that East Hants Council had ceased their service, necessitating a new commercial provider. The council has a responsibility to maintain cleanliness in the district, addressing issues such as litter and fly-tipping. The proposal includes increasing FPN amounts to align with other authorities and sharing revenue with the commercial provider to offset fly-tipping removal costs.

Councillor Chilton inquired about the setting of numerical fines and the role of the external contractor in collecting paid fines. Councillor Desai emphasised the need for public education on littering, suggesting collaboration with schools and town councils. Councillor Johnson raised concerns about the demographic of offenders, particularly younger people involved in graffitiing. Councillor Todhunter supported the proposal, stressing the worsening problem of dog fouling without intervention. Councillor Hobbs advocated for a seven-day service, while Councillor Young sought clarity on fines for immediate litter pick-up by the offender.

Mr Ballard, Senior Environmental Protection Officer, explained that the previous enforcement team worked three days a week and issued one thousand FPNs in the 2022-2023 financial year. He noted the ethical considerations of outsourcing and the importance of officer attitudes, monitored via bodycams. He confirmed that accidental littering and offences by individuals under sixteen would not result in FPNs. He also mentioned existing engagement with schools and the potential for directing enforcement officers to hotspots.

Ms Stevens, Divisional Manager for Environmental Protection, reiterated the legal definition of littering and the exclusion of accidental littering. She highlighted the council's efforts through the Against Litter Campaign and the Adopt an Area scheme. She stressed the need for proportionality in setting fines, aligning with other local authorities, and noted the public's desire for enforcement.

The panel resolved to:

• Review legislation regarding FPN amounts for duty of care and fly-tipping, including early payment reductions.
• Add definitions for all offences to the relevant table.
• Consider similar reduced amounts for fly-posting and graffiti fines as for littering.

Subject to these amendments, the panel recommended to the Cabinet to:

• Approve a tender process for a range of environmental enforcement functions as a commercial concession contract.
• Approve raising the FPN charge for littering and Public Space Protection Order Dog Control offences to £150, reduced to £100 if paid within 14 days, and adjust other FPN and Penalty Charge Notice charges as listed in Appendix 1.

Environment Panel Workplan

The panel noted the workplan without further discussion.