Decision details

Fixed Penalty Notices for Littering (WL)

Decision Maker: Cabinet Member - Development and Neighbourhoods

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

To increase the amount of a fixed penalty notice (FPN) issued to someone littering and also the registered keeper of a vehicle whose occupants were littering, to the maximum level.

Decision:

The Cabinet Member agrees that:

 

1)  The fixed penalty for the unlawful deposit of litter under the Environmental Protection Act 1990, to always be set to the maximum full penalty amount as specified in legislation.  At the time of the decision this is £150.

 

2)  The fixed penalty for the unlawful deposit of litter under The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018, to always be set to the maximum full penalty amount as specified in legislation.  At the time of the decision this is £150.

 

3)  A discount will be offered for early payment of a Fixed Penalty Notice under the above legislation. (n.b. at the time of  the decision this discount would be £50, making the level of fixed penalty  £100 if payment is received within 14 days).

 

4)  Any future decisions on the discounted level of fixed penalty shall be delegated to the relevant Group Manager in consultation with the Cabinet Member if the maximum penalty under law changes.

Reasons for the decision:

Fixed Penalty Notices are a valuable enforcement tool for dealing with the unauthorised deposit of litter and help to further the Council’s commitment to take enforcement action against those who cause litter.

Alternative options considered:

The legislation provides for the amount of fixed penalty to be between £50 and £150.  Taking into account the antisocial nature of discarding litter rather than using a bin or taking it home for disposal, the cost of clearing up litter, the time involved in enforcing against those who drop litter it is considered that the level of fixed penalty should be set at the maximum of £150, with a discount for early payment.

Publication date: 09/07/2018

Date of decision: 02/07/2018

Effective from: 17/07/2018

Accompanying Documents: