Issue - meetings

The Board considered a report of the Strategic Director, Enterprise, Community and Resources, on new powers to enable the Council to issue Fixed Penalty Notices for fly tipping offences.

The Board was advised that amendments to the provisions of the Environmental Protection Act 1990, have given local authorities additional powers to tackle environmental crime by using Fixed Penalty Notices (FPNs) for fly tipping.

It was reported that currently, fly tipping offences were dealt with by prosecution only, which involved the production of detailed investigative reporting and attendance at court to give evidence. Securing a prosecution therefore, was a relatively costly and resource-intensive process. The ability to use FPNs provided the opportunity to deal with incidents in a more efficient, cost-effective and proportionate manner. Members were advised that setting a high penalty amount would also ensure that FPNs could act as a deterrent to offenders, with an expected decrease in the number of fly tipping incidents as a result. 

It was noted that the Environment and Urban Renewal Policy and Performance Board Waste Working Party had scrutinised the matter of set fly-tipping FPN levels. Examples of the amounts set by neighbouring local authorities for FPNs and any discounts applied for early payment were set out in the report. It was recommended that Halton set its FPN at the maximum amount of £400, with a discounted amount offered if paid within ten days.

RESOLVED: That

1)    the Council’s approach to dealing with fly-tipping, as set out in the report, be endorsed; and

2)    the Council’s Fixed Penalty Notice level for fly-tipping offences be set at £400 and reduced to £300 if paid within ten days.