8 Fixed Penalty Notices PDF 220 KB
Minutes:
The Board was advised that the following two new Regulations came into force on 1st April 2018:
· The Environmental Offences (Fixed Penalties) (England) Regulations 2017
· The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018
These Regulations provided local authorities with the ability to increase the Fixed Penalty Notice amounts for a range of environmental offences and also gave local authorities increased powers to tackle littering from a vehicle.
The Council’s current Fixed Penalty Notice (FPN) level for the offences relating to littering, graffiti, fly posting and the distribution of printed matter was £80. Under the new regulations the Council could set a level of £150. However, it was recommended that the Council continued with the default level of £100 set by the new legislation. In addition, the Council had the discretion to offer a discount for early payment of an FPN. The Council had previously approved the time period for early payment discount as being within ten days. The amount payable for early payment in Halton was £75 and it was proposed that the Council continued with this amount and the discount period of ten days from the point of the FPN being issued.
With regard
to the FPN amount that should be set
for littering offences, Members’ attention was drawn to the current FPN levels
for dog fouling offences; which was £100, the maximum amount allowable under
legislation. Therefore, it was proposed that maintaining FPN levels for a range
of environmental offences at the default level of £100 would ensure that a
consistent level of penalty charge was applied to both littering and dog
fouling offences.
RESOLVED: That
1)
A report be brought to a future meeting on the impact
of those measures currently being undertaken to tackle littering in the Borough;
2)
Members endorse the proposed Fixed Penalty Notice
amounts and discounts for early payment as set out in the report; and,
3)
A report be presented to the Executive Board
recommending that;
a.
The
Fixed Penalty Notice amount for offences relating to littering, graffiti, fly-posting
and distribution of printed matter be retained at the default amount of £100;
b.
The Fixed
Penalty Notice amount discounted for early payment be retained at the current
amount of £75; and,
c.
The
time period for early payment discount is approved as being within ten days.