Agenda item

The report of the Director of Change Management, ICT and Regulatory Services seeking approval for an increase in Fixed Penalty Notices relating to fly-tipping, littering and graffiti was considered.

In presenting the report the Housing and Environmental Manager clarified that this report was a late addition to the forward plan due to information provided by DEFRA around the ability, as a local authority, to increase the maximum amount allowed for a fixed penalty notice issued for fly tipping, littering and graffiti or to those persons who breached their household waste duty of care.

The level of potential fines was outlined together with officer recommendations on suggested penalties.

Members considered each offence and fine levels in turn.

In respect of fly tipping, and other fines, and in response to Members’ questions, it was confirmed that the proposed reduction for prompt payment was discretionary, in terms of fixed penalty approach.  The rational being a reduce offer often increased payments success and was not an un-common approach.

A Member highlighted that all of the offences were anti-social and caused serious environmental problems. It was considered important that residents were aware  that  fines could be substantial and reflected that offences were serious.

Discussion ensued regarding possible levels of reduction for early payment. Matters discussed included public perception, affordability of fines, parity with neighbouring areas and awareness raising with the public. There was a consensus that increased penalties were needed. The problems of accessing waste disposal sites was also raised and it was suggested this needed to be addressed to help residents get rid of waste legally. It was clarified that sites were operated by the County Council so the District could not have any direct impact but could try and influence other authorities. It was suggested that fly tipping was carried out by a minority of traders and individuals irrespective of the availability of waste disposal services.

A Member sought clarification regarding fines for  repeat offenders and whether it was different if the perpetrator was a company. Confirmation was given that higher fines could not be applied for repeat offences but there was also a prosecution option as well as fixed penalties. The role of the Environment Agency in prosecuting larger scale tipping incidents was explained.

Members expressed support for a £1k fine for fly tipping and then considered possible reductions for early settlement. A number of options were considered in respect of achieving payment as quickly as possible without too much expense to the authority in chasing debts.

In respect of fly tipping it was ultimately proposed and seconded that the £1k maximum fine be implemented with no reduction for early settlement On being put to the vote the amendment was carried.

The Committee considered fines for household waste duty of care offences. It was noted that there was confusion regarding this and so making people aware was important. Clarification was given regarding the legal position of early presentation of waste for kerbside collection.

It was proposed and seconded that the maximum fine be approved with no reduction for early settlement. The proposition was carried.

The recommendations relating to graffiti and littering were received and considered. It was confirmed that fines could only be issued to people of 16 years old. The issue of enforcement and lack of reporting of such offences was discussed. It was confirmed that littering from vehicles was included and things like dashcam footage had helped in this respect in the past.

A Member highlighted the negative impact of graffiti on the landscape and suggested it would be beneficial if it was separate from littering as it was more impactful. The issue of disposable vapes being dropped was raised. In response to a question it was clarified that dog fouling came under different legislation. 

It was proposed and seconded that the maximum fine be approved with no reduction for early settlement. The amendment was carried and on that basis it was

RESOLVED to RECOMMEND to Corporate Policy and Resources Committee for approval that:

a)     the fixed penalty charge for fly-tipping is increased to £1,000, with a no reduction for early payment;

b)     the fixed penalty charge for a household waste duty of care offence is increased to £600, with no reduction for early payment; and

c)     the fixed penalty charge for a littering or graffiti offence is increased to £500 with no reduction for early payment.

Amended charges, if approved by the Corporate Policy and Resources Committee, would take effect from 1 October 2023.