Decision details

Review of Fixed Penalty Notice Fines under the Environmental Protection Act 1990

Decision Maker: Cabinet Single-Member Decision

Decision status: Implemented

Is Key decision?: Yes

Is subject to call in?: Yes

Purpose:

Under the Environmental Protection Act 1990 the Council has the power to serve fixed penalty notices for littering offences.  The level of this fine has been set at £50 for some time.  Research undertaken with other local authorities has indicated that this level is low by comparison.  The Council is proposing to increase this fine level to a more appropriate level.

Decision:

The Cabinet Member agrees that

(1) The charge for a fixed penalty notice for littering offences is increased from £50 to £75;

(2) If the charge is paid to the Council within 14 days of the offence then the charge is reduced to £60;

(3) If payment is not received within 28 days of the offence then the matter is referred for legal action where there is a maximum fine of £2,500.

Reasons for the decision:

The level of £75 fine is considered appropriate in that it acts as an effective deterrent but is not so high as to be unaffordable. The early payment option presents a cheaper alternative to the person served with the notice and should ensure that payments are made more quickly

Alternative options considered:

A higher level of fine of £100 was considered with an early payment option of £75 however this level was felt to be less affordable and not aligned with fine levels in neighbouring local authorities

Publication date: 23/07/2010

Date of decision: 19/07/2010

Effective from: 31/07/2010

Accompanying Documents: