To approve the recommended fixed penalty fine levels for environmental offences along with the Fixed Penalty Policy for Environmental Offences

That, subject to there being no discount offered for the payment of fines for fly-tipping, the fixed penalty fine levels for environmental offences and the Fixed Penalty Policy be APPROVED as set out within the report.

53.1           The report of the Principal Environmental Health Officer, circulated at Pages No. 85-99, attached the Fixed Penalty Policy and proposed fine levels for environmental offences which Members were asked to approve.

53.2           The Head of Community Services explained that Fixed Penalty Notices were available as a tool for the Council to use in connection with a variety of environmental offences including fly-tipping, dog fouling and abandoned vehicles. The use of such a Notice provided the Council with an efficient and proportionate means for the disposal of low level environmental offences without recourse to court action. The statutes governing environmental offences prescribed a maximum fine level, minimum fine level and minimum discounted level. For some offences the Council had discretion to set the fine levels within a statutory minimum and maximum level; as well as having discretion over several operational and procedural elements relating to Fixed Penalty Notices such as the minimum age of persons on whom Notices would be served, payment options and the offering of a non-statutory appeals process.

53.3           Page No. 87 of the report set out the statutory default fine level, together with the minimum, maximum and discount fine levels which were prescribed for the range of environmental offences. The Head of Community Services felt that the proposed policy, and fine levels, offered Officers a better way to tackle enviro-crimes and would also be useful in reducing Officer time. The burden of proof was the same as that needed to take an offender to Court but, if the offender admitted the crime, there was no need to go through the lengthy and more costly Court process.

53.4           A Member noted that the Policy recommended a fine of £400 for fly-tipping but a discount for early payment which would bring that down to £200. She was of the view that the Council should be aiming to maximise the fine and, accordingly, its impact on people that committed the offence. The Head of Community Services indicated that he was happy to be guided by Members in that regard; Officers had felt the discount to be fair but if Members did not share that view he welcomed their comments. The maximum fine level for fly-tipping was £400 - so the Council could not go above that limit – but the suggested early payment discount was discretionary so Members could reduce/remove that as they wished. Members agreed that the early payment discount for fly-tipping offences was not appropriate and that it should therefore be removed. The Deputy Chief Executive explained that the Council needed a robust process for following up on the Notices which were issued and this was included in the Policy. In terms of early payment, there was government guidance which suggested discounts for early payment of fines was a model that local authorities should offer as there was some evidence to show that it got people to pay fines; however, this was entirely within the gift of individual local authorities.

53.5           In response to a query  ...  view the full minutes text for item 53