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)

Not putting out domesticwasteorrecyclingproperly

£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: