Issue - meetings

The Cabinet considered a recommendation from the meeting of the Environment Overview and Scrutiny Committee on 23 September 2019 on the introduction of fixed penalty notices to allow individuals to discharge liability for the duty of care offence related to household waste by payment of a fixed penalty notice (FPN).

At present, the only options available to the Environment team when a breach of duty of care occurred was to prosecute, issue a simple caution or take no action. The introduction of an FPN would allow Officers to deal effectively with breaches and send out a stronger message than the current system allowed.

The Duty of Care FPN would be issued by current Authorised Officers (Community and Environment Officers and Street Wardens).

It was moved and seconded by Councillors S.Boulton and T.Kingsbury and

RESOLVED:

(1)     That the level of fine should be set at £300, reduced to £200 for early resolution (if paid within ten days).

(2)     That the existing level of FPN for fly tipping offences should be amended to £300, reduced to £200 (currently £180) for early resolution (if paid within ten days) to ensure that the FPN that could be issued for fly tipping was consistent with the FPN for duty of care breaches and was in line with other Authorities in Hertfordshire which had introduced the fixed penalty notice.

Recommendation from the meeting of the Environment Overview and Scrutiny Committee on 23 September 2019 on the introduction of fixed penalty notices.

(1)     The introduction of a Fixed Penalty Notice (FPN) to allow individuals to discharge liability for the duty of care offence related to household waste by payment of a FPN was noted.

(2)     It was noted that the Duty of Care FPN would be issued by current authorised officers (Community and Environment Officers and Street Wardens).

(3)     The Council was recommended that the level of fine should be set at £300, reduced to £200 for early resolution (if paid within ten days).

(4)     The Council was recommended that the existing level of FPN for fly tipping offences should be amended to £300, reduced to £200 (currently £180) for early resolution (if paid within ten days) to ensure that the FPN that could be issued for fly tipping was consistent with the FPN for duty of care breaches and was in line with other Authorities in Hertfordshire which had introduced the fixed penalty notice.

Recommendation from the meeting of the Environment Overview and Scrutiny Committee on 23 September 2019 on the introduction of fixed penalty notices to allow individuals to discharge liability for the duty of care offence related to household waste by payment of a fixed penalty notice.

(1)       The Decision Taken

RESOLVED:

(1)     That the introduction of a Fixed Penalty Notice (FPN) to allow individuals to discharge liability for the duty of care offence related to household waste by payment of a FPN be noted.

(2)     That it be noted that the Duty of Care FPN would be issued by current authorised officers (Community and Environment Officers and Street Wardens).

(3)     That the Council be recommended that the level of fine should be set at £300, reduced to £200 for early resolution (if paid within ten days).

(4)     That the Council be recommended that the existing level of FPN for fly tipping offences should be amended to £300, reduced to £200 (currently £180) for early resolution (if paid within ten days) to ensure that the FPN that could be issued for fly tipping was consistent with the FPN for duty of care breaches and was in line with other Authorities in Hertfordshire which had introduced the fixed penalty notice.

(2)       Reasons for the Decision

At present, the only options which are available to the Environment team when a breach of duty of care occurred was to prosecute, issue a simple caution or take no action. The introduction of a FPN would allow Officers to deal effectively with breaches and send out a stronger message than the current system allowed.