Decision details

The Cabinet Member with the Stronger Communities Portfolio introduced the report of the Group Director of Services (previously circulated) providing an update to Members on new limits on Fixed Penalty Notices (FPN’s) for environmental crimes, and requesting that consideration be given to setting new limits for waste related offences, in line with revised national limits.

The submitted report stated that the Clean Neighbourhoods and Environment Act 2005 introduced the use of FPN’s as a way of council’s dealing with certain environmental offences;  FPN’s were currently used by Council officers to deter environmental crime; in July 2023, the Government laid out a statutory instrument, the Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023 which increased the upper limits for various FPN’s to provide the ability to further deter offenders; and that the new upper penalty limits were applicable to fly tipping offences, littering, graffiti and duty of care offences.

Particular reference was made at the meeting to the early payment discount being offered for some offences and whether this could be reduced.  The Cabinet Member with the Stronger Communities Portfolio responded thereon.

RESOLVED -  (a)  That the level of penalty for Fixed Penalty Notices be set at the maximum level, as detailed in Appendix 1 of the submitted report.

(b)  That an early payment discount be available for littering and graffiti offences, if paid within seven days.

(c)  That no early payment discount be available for fly tipping and duty of care offences.

REASONS – (a)  To allow the new levels of penalty within the Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023 to be implemented.

(b)  To set the level of penalty and any discounted charges for FPN’s.?????