Decision Maker: Waste & Street Scene Policy Committee

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Date of Decision: September 13, 2024

Purpose:

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.