Issue - meetings

The report of the Corporate Director (Resources, Environment and Cultural Services) briefed Members on the introduction of a Fixed Penalty Notice (FPN) to allow individuals to discharge liability for the duty of care offence by payment of a fixed penalty notice.

The report of the Corporate Director (Resources, Environment and Cultural Services) briefed Members on the introduction of a Fixed Penalty Notice (FPN) to allow individuals to discharge liability for the duty of care offence by payment of a fixed penalty notice.

In January 2019, the Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018 were updated to allow a FPN to be issued for offences related to household waste duty of care. Under Section 34 of the Environmental Protection Act 1990, all occupiers of domestic properties were required to take reasonable measures to ensure that waste produced on their property was only transferred to an authorised person (household waste duty of care) which reduced the risk of household waste ending up in the hands of those who may fly tip it.

The introduction of the FPN would allow officers to deal effectively with low level breaches, send out a stronger message than the current system allowed and was an alternative to prosecution. Currently, the only options available to the Councils Community and Environment team when a breach of duty of care occurred was to prosecute, issue a Simple Caution or take no action.

A discussion followed and the following points were raised and discussed:

·         Some Members felt that the fee was too high. Officers confirmed that enforcement would be proportional and reasonable, the level of the fee was consistent with other local authorities in the area.

·         Officers would do all they could do to raise awareness of the new charge in the first instance.  The SCRAP campaign was educating residents about the need to ask for a waste carrier licence to ensure that their waste did not end up being fly tipped. Information had gone out in Life Magazine, social media and the press.

Officers agreed to bring a report to a future meeting highlighting the scale of the issue in the borough and how the introduction of FPN by other local authorities had reduced the amount of fly tipping. 

RESOLVED:

(1) That Members note the contents of the report and the introduction of a Fixed Penalty Notice (FPN) to allow individuals to discharge liability for the duty of care offence by payment of a FPN.

(2)  That Members note that the Duty of Care “FPN” will be issued by current authorised officers (Community and Environment Officers and Street Wardens).

(3)  That Members recommend to Council that the level of fine for Duty of Care “FPN” should be set at £300, reduced to £200 for early resolution (if paid within 10 days).

(4)  That Members recommend to Council that  the existing level of FPN for other fly tipping offences should be amended to £300, reduced to £200 (currently £180) for early resolution (if paid within 10 days). This will ensure that the FPN that can be issued for fly tipping is consistent with the above FPN for duty of care breaches and is in line with other Authorities in Hertfordshire who have introduced the fixed penalty notice.