113 Fixed Penalty Notices for Fly Tipping Offences PDF 280 KB
Minutes:
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.