Agenda item

The Council has recently adopted the newer higher level  of £150 permitted  for a Fixed Penalty Notice (“FPN”) under the Environmental Offences (Fixed Penalties) (England) Regulations 2017 for litter dropping.

The Council has limited enforcement resource and cannot cover the whole district 7 days per week. Current enforcement activity is focussed in the city centre in partnership with the BID. The public would, however like us to take a much more proactive stance throughout the whole district with a view, to reducing environmental crime and have cleaner, greener communities.

The proposal is to enter into a pilot scheme with a private sector enforcement provider at zero cost to the Council, to increase the amount of enforcement activity that is undertaken in relation to environmental crime such as litter dropping, dog fouling, fly tipping, waste Duty of Care breaches and to ensure that an enforcement presence is available 7 days per week in the district including parks and public spaces.

This report seeks approval for officers to enter into a 12 month pilot scheme with a private sector provider in consultation with the Cabinet Member for Development & Neighbourhoods

Councillor Richard Samuel made an ad-hoc statement where he stated that he supported action against littering but that this scheme had had mixed results in other authorities and there was no business plan or details of costings. He queried if there would be a competitive tendering process and if consultation had been carried out.  He expressed his concern that vulnerable people may be targeted and asked the Cabinet to defer the item for consideration by the Communities, Transport and Environment Policy Development and Scrutiny Panel.

Councillor Tim Ball made an ad-hoc statement where he stated that he was concerned that enforcers may target the poorest communities to raise funds.

Councillor Will Sandry made an ad-hoc statement where he urged the Cabinet to put this issue to the Policy Development and Scrutiny Panel and to carry out an Equalities Impact Assessment.  He shared the concerns made above that the vulnerable communities could be penalised.

Councillor Rob Appleyard made an ad-hoc statement where he supported the intention to deal with littering but was concerned that there could be a danger of alienating communities.  He queried if the enforcers would have targets. He urged that education be the priority and that the issue to put to a Scrutiny Panel.

Councillor Patrick Anketell-Jones made an ad-hoc statement where he stated that feedback from his residents was supportive of the Council enforcing littering rules.  He added that outsourcing a service does involve some risk and  hoped enforcement would help the issue in Balance Street where fly tipping is cleared by Curo who then charge the tenants.

Councillor Robin Moss made an ad-hoc statement where he agreed that there was a need to reduce litter but that the issue should be considered by a Scrutiny Panel.  He raised concerns that enforcement may be used for income generation though there may be disputes and intimidation.

Councillor Eleanor Jackson made an ad-hoc statement where she stated that there should be very close scrutiny of the contract.  She commended the Cabinet Member for dealing with the fly tipping in Radstock and that the budget used for gulls should be used for an effective littering policy.

Councillor Bob Goodman introduced the item, he stated that it was a depressing motion to bring as littering should not happen and a shift in mind-set was needed so that littering is not tolerated. He explained that he would prefer that the Council could enforce this but there were financial constraints, he further explained that these proposals were cost neutral and have been through the procurement process.

Councillor Bob Goodman moved the recommendations.

Councillor Karen Warrington seconded the motion and stated that she agreed that littering, dog fouling and fly tipping were a scourge on society and have to be addressed. She also agreed that there was a need to make sure vulnerable people were not targeted and that education was important. She explained that this was a pilot scheme which would be closely monitored and which has been successful in other authorities.

Councillor Paul May stated that he supported the concept and suggested a report back in 6 months.

Councillor Charles Gerrish stated that litter on roadside verges was also an issue and that he supported the proposal with a review after 6 months.

Councillor Paul Myers stated that dog fouling can affect people’s health. He added that a private business could do the job as long as the contract was well managed. He also stated that the aspiration for a clean environment was a key and that savings on litter clearing could be put towards statutory services.

Councillor Vic Pritchard stated that people could still help with litter clearance and this pilot would be ancillary to that.

Councillor Tim Warren stated that the community would be more likely to be alienated if the Council did not deal with litter issues and that if people do not litter, they would not be targeted.

Councillor Goodman stated that there would be a progress report in 6 months.

RESOLVED (unanimously) that the Cabinet agreed:

1)  That the Group Manager for Neighbourhood Environmental Services, in consultation with the Cabinet member for Development and Neighbourhoods to enter in to a 12 month pilot scheme to increase the enforcement of environmental crime throughout the district with the following provision:

a)  the contract is at zero cost to the council

b)  the contract is flexible to include additional enforcement activity as deemed appropriate

c)  the providers take a proportionate approach in accordance with the legislation

d)  that education and awareness raising of the consequences of environmental crime are prioritised

e)  that if successful,  proposals for a more permanent arrangement are developed towards the end of the trial.