Issue - meetings

That:

·         The Environmental Enforcement FPN levels remain as they are, detailed in Table 1 paragraph 3.3 at the current time. 

·         That during the next fees and charges process the FPNs for fly tipping (section 33) and Duty of Care (section 34) be set at £450 (reduced charge £350) and remain at that level for at least two years.

·         That during the next fees and charges process all other FPNs remain at their current level, detailed in Table 1 in paragraph 3.3 and remain set at that level for at least two years.

Councillor Nelmes introduced the report and proposed the recommendations. Councillors Giles-Medhurst seconded the recommendations.

It was explained that environmental fixed penalty levels would remain unchanged and that fees and charges would be set at £4450 in order to reduce unnecessary court proceedings.

An amendment was moved by Councillor Cooper and seconded by Councillor Alley.

“The Fixed Penalties Notices for the following offences be set at the following levels with immediate effect:

“

During debate on the amendment, it was stated that the average court fine was lower than the proposed fixed penalty level and that reducing the fixed penalty could encourage offenders to pursue court proceedings. It was suggested that deterrence should remain a key consideration.

On being put to the vote, the amendment was declared LOST by the Chair, the voting being 10 votes For, 23 votes Against.

The substantive motion was then put to the vote and was declared CARRIED by the Chair, the voting being 23 votes For, 10 votes Against.

This report has been requested by Members to advise of the current level of Fixed Penalty Notices (FPNs) used by Environmental Enforcement Officers and the reasons behind the levels set.

Recommendation:

That the General Public Services and Community Engagement Committee recommends that:

1.         the Environmental Enforcement FPN levels remain as they are, detailed in Table 1 paragraph 3.3, at the current time;

2.         during the next fees and charges process the FPNs for fly tipping (section 33) and Duty of Care (section 34) be set at £450 (reduced charge £350) and remain at that level for at least two years; and

3.         during the next fees and charges process all other FPNs remain at their current level, detailed in Table 1 in paragraph 3.3 and remain set at that level for at least two years.

The Environmental Services Manager presented the report, which had been requested by Members to advise of the current level of Fixed Penalty Notices (FPNs) used by Environmental Enforcement Officers and the reasons behind the levels set.

Councillor Oliver Cooper proposed a motion, seconded by Councillor Hudson, which sought the following amendments to FPN levels in order to increase their levels to the maximum which was allowable by law, with immediate effect:

In proposing the motion, it was asserted that there was no relationship between a high level of FPNs and a lower payment rate.  Additionally, raising the levels of FPNs to their maximum would send a clear message regarding the council’s tolerance of breaches of the law.  Early payment discounts should be available only for those offences which were committed by members of the public accidentally, and not those committed by businesses or committed maliciously or gratuitously.

In response, officers commented that the levels of the FPNs had been developed through a number of years’ work within the Herts Waste Partnership.  They were considered to be relevant and reasonable, and it was considered that perpetrators were more likely to pay when FPNs were set at a level which was below the maximum.   There had been instances of offences going to court where a fine lower than the level of the FPN had been imposed: as an example, the statutory fine for fly-tipping was set at a lower level than the FPN.  As a result, increasing the level of FPNs would likely result in a greater number of cases going to court, with associated cost and resourcing implications.  The level of FPNs would continue to be monitored and reviewed as necessary.

On being put to the vote the amendment fell, the voting being 3 for and 6 against.

The Chair moved, and Councillor Lloyd seconded, the recommendations as set out in the report.  On being put to the vote this was carried, the voting being 4 in favour, 3 against and 2 abstentions.

RESOLVED:

That the General Public Services & Community Engagement Committee agrees that:

1.         the Environmental Enforcement FPN levels remain as they are, detailed in Table 1, at the current time;

2.         during the next fees and charges process the FPNs for fly  ...  view the full minutes text for item 28