Content

9.1

Members of the committee
considered a report proposing new FPN levels for
flytipping,  littering and householder duty of care. New
increased FPN levels are suggested although not all to maximum
levels as there are important considerations regarding payment
rates and officer time on court cases.

 

 

9.2

RESOLVED
UNANIMOUSLY: That the Waste and Street
Scene Policy Committee;
 
1.   
Considered the proposed options presented in this
report and decided on the preferred approach.
 
2.   
Agrees the proposed recommendations regarding new
Fixed Penalty Notice (FPN) levels as follows: Litter £100 or
£200 depending on the nature of the litter as specified in
the report. Fly Tipping FPN’s – A tiered approach of
£400, £600, £1000. Household Duty of Care -
£500 with an early payment concession to £300.
However, this Household Duty of Care increase change to only come
in following a renewed publicity campaign to raise
awareness.
 
3.   
Delegates to the Director of Street Scene and
Regulations the decision to raise the £100 FPN for littering
to £160 with an early payment rate of £100 when the
online payment system is upgraded to allow this.
 
4.   
Considered whether to align FPN levels to the
original budget amendment by setting all the
flytipping FPNs to the maximum amount of £1000 but with the option of
reduced rates of £400 and £600 for the first 2 levels
for early payment as stated in the report.
This option would be reviewed in six months and
therefore not enacted at this time.
 

 

 

9.3

Reasons for Decision

 

 

9.3.1

There are new legal flexibilities in respect
of the levels that FPNs for fly tipping and littering can be set
at. Based on a thorough review of the options and balancing the
deterrent effect with the practical issues of payment and
officer/court time, the proposed levels of FPN and options for how
they may be applied, feel like a sensible balance.

 

 

9.3.2

These options and decisions reference the
original budget amendment whilst acknowledging the risks and
benefits of each course of action. We do have considerable
experience of issuing fines and collecting payment which we have
drawn on here. 

 

 

9.4

Alternatives Considered and Rejected

 

 

9.4.1

The recommendations do already
provide some options for members at their request as this is not an
exact science. However other options included;

 

 

9.4.2

Alternative Option
1: Maximum rates for all with no early
payment

 

 

9.4.3

Alternative Option
2: Offer concession rates for people on
low income.

 

 

8.4.4

These have been considered and
it is felt option 1 was likely to lead to virtually no FPN’s
being paid locally which would carry significant budget risks
through lack of FPN income.  This would
also increase work pressure on officers who would have more legal
cases to prepare and on legal services and the Courts. Option 2
would be complicated to enforce and goes against the usual system
whereby FPN’s are not subject to concession however the court
could consider personal means if a case goes to them.