Agenda item

The Committee heard from the Housing & Environmental Enforcement Manager regarding the current Fixed Penalty Notice (FPN) amounts for littering, fly-tipping and household waste duty of care. It was explained that the Council revised its FPN amounts in September 2023 when provision was made by Government to increase these for littering, graffiti and fly-tipping offences. Since the introduction of the revised FPN amounts, a legal opinion had been provided by the Council’s instructed legal services, suggesting that littering FPN of £500 was not proportionate, nor in the public interest to recover if there was non-payment. Alongside this, it was also advised that the £1,000 FPN amount for fly-tipping should not be applied to all fly-tips, but should be determined based on the type of fly-tip that had occurred.

Members heard that non-payment of any FPN was dealt with by the court, and was likely to result in a fine that was lower than the issued FPN if it remained at the current amount. This meant that the prosecuting of any non-payment would be at a significant cost to the Council and was likely to result in only a small amount of costs being recovered. In the current cost of living climate, it was felt prudent to revisit the FPN amounts, particularly for littering. The report for consideration sought to put in place a more proportionate amount for fixed penalty notices for littering and graffiti, and to introduce a tariff type system for fly-tipping offences.

Members recognised the need for a proportionate approach, accepting that whilst the FPN was hoped to be a deterrent, it did need to be enforceable when issued. Members enquired as to the success rate of FPNs in other areas. It was explained that this data was not routinely gathered or shared however Officers could make enquiries and feedback responses to the Committee.

With regard to fly-tipping, it was accepted that there was something of a sliding scale of fly-tips, from smaller tips such as a bin bag, to van-loads of rubbish being dumped, often in rural areas. In response to an enquiry regarding catching and identifying those who fly-tipped, it was explained that there was a new link on the council website that allowed members of the public to send images of the site. If there was evidence which could identify the person responsible, enforcement officers would attend prior to the site being cleared. Members enquired as to whether it was possible to have increased signage in those areas known for frequent instances of fly-tipping, both to inform fly-tippers of the penalties they faced and to assist members of the public with how to report an instance of fly-tipping. Officers confirmed this could be arranged and undertook to have signs made up.

Additionally, Members discussed the use of the 'Fix My Street' reporting portal as well as the West Lindsey District Council reporting system, with praise for the ease of use, efficiency of reporting, and speed of Operative response when using the West Lindsey website. It was enquired as to whether there could be comms undertaken in order to remind members of the public of how to report, for example, instances of fly-tipping, as well as highlighting the West Lindsey website.

With no further comments or questions, and having been moved and seconded within the course of the debate, the Chairman took the vote, and it was unanimously

            RESOLVED that

a)    fixed penalty notice amounts for littering, graffiti, fly-tipping and household waste duty of care be determined and agreed; and

b)    for littering and graffiti FPNs a £250 charge for a single item, with an early payment of £75, along with a £350 charge for a larger item/s with an early payment of £150 be agreed; and

c)    for fly-tipping FPNs, the matrix set out in section 6 of the report be adopted with a fee range from £1000 to £250 agreed; and

d)    for household waste duty of care FPNs, the matrix set out in section 7 of the report be adopted with a fee range of £600 to £250 agreed; and

e)    the agreed amounts be included in the quarter two monitoring report and RECOMMENDED for approval to the Corporate Policy and Resources Committee in November 2024.