Decision details
Fixed Penalty Notices for Environmental and Anti-Social Behaviour Offences (WL)
Decision Maker: Cabinet Member for Neighbourhood Services
Decision status: Approved
Is Key decision?: No
Is subject to call in?: Yes
Purpose:
In July 2023, the Government laid out a
statutory instrument, the Environmental Offences (Fixed Penalties)
(Amendment) (England) Regulations 2023 increasing the upper limits
for various Fixed Penalty Notices (FPNs) to provide the ability to
further deter offenders. The Council currently have agreed levels
for these offences, and these will be increased to reflect the new
upper limits.
Decision:
(1) To set the fixed penalty charges at the level specified in the table below:
|
|
Offence |
FixedPenalty Charge |
Dropping litter in the street orany placeopen tothe air to which the public have access,or litteringfrom a vehicle |
£200(£150 ifpaid within 14 days) |
£60 |
|
Not putting commercial orindustrialwasteoutproperly – EPA section 47 |
£110 |
Givinghousehold wasteto an unlicensedcompanyfor disposal |
£300 |
Failure to produce a wastetransfernote forcommercial waste |
£500 |
Fly tipping – bag/sack of domestic/commercialwaste left next to a litter bin |
£200 |
Flytipping – Individual flytippingownhousehold waste |
£400 |
Flytipping – All other incidentsnot covered above |
£600 |
Allowingyour dogto foula street or public space |
£200 |
Graffiti |
£500 |
Flyposting |
£500 |
Unauthorised distribution of literatureon designatedland |
£200 |
Failureto complywith aCommunityProtection Noticeissued for an environmental related offence. |
£100 |
(2) To agree that the implementation of all future changes to Fixed Penalty charges are delegated to and implemented by the Director of Place Management, or any successor or equivalent role to that post, in consultation with the relevant Cabinet Member.
Reasons for the decision:
The Fixed Penalty Notice levels have been reviewed within the scope of new legislation, the aim of the increasing the penalty amounts are to act as a deterrent to those committing environmental crime and anti-social behaviour offences.
Alternative options considered:
Three other options were considered but discounted:
· Increase the level of Fixed Penalty Notices to the maximum amount for all areas
· Keep the existing level of Fixed Penalty Notices
· Include a discounted early payment option for all Fixed Penalty Notices.
Publication date: 05/08/2024
Date of decision: 05/08/2024
Effective from: 13/08/2024
Accompanying Documents: