Issue - meetings

To advise on the introduction of The Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 which came into force on 9th May 2016. These regulations introduce new powers for local authorities to issue Fixed Penalty Notices for small scale fly tipping, providing an alternative to prosecution.

Consideration was given to a report which advised on the introduction of new regulations which brought in new powers to issue Fixed Penalty Notices for small scale fly tipping. During discussion, the following points were made:

·         There would be written criteria for operatives which defined small and large scale fly tipping which would be included in the Clean Neighbourhood policy

·         For repeat or commercial fly tipping, prosecution would be automatic and there would be no option of a Fixed Penalty Notice

·         There were currently ‘hotspots’ where fly tipping was common, and these areas were monitored closely.

Whilst in support of the introduction of the regulations, members felt that the penalty should be set at the maximum amount allowed under the regulations of £400 (instead of the £200 recommended in the report), with a reduced charge of £125 (as per the recommendation) for early payment within ten days. An amendment to this end was moved by Councillor Nickerson and seconded by Councillor Wright and it was subsequently

RESOLVED –

(i)            Small scale fly tips be dealt with by way of a Fixed Penalty Notice;

(ii)           The Fixed Penalty Notice be set at £400.00 or if paid early within ten days the fine be reduced to £125.00;

(iii)          Authority be delegated to the Executive Member for Neighbourhood Services and the Chief Officer (Environmental Health) to set the criteria for small scale fly tipping as an amendment to the Clean Neighbourhood Policy pending review by the Executive later in 2016;

(iv)         Authority be delegated to the Chief Officer (Environmental Health) to authorise suitable officers to issue Fixed Penalty Notices for fly tipping.

To advise members of the introduction of the new regulations and make recommendations to the Executive.

Members were advised of the introduction of The Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 which came into force on 9 May 2016 and introduced new powers for local authorities to issue fixed penalty notices for small scale fly tipping as an alternative to prosecution. It was noted that, whilst authorities were permitted to set a maximum penalty of £400, officers were recommending a charge of £200, reduced to £125 for early payment.

The problem of commercial fly tipping was discussed and members were assured that prosecutions would continue to be carried out for large scale fly tipping. It was also noted that repeat offenders would be prosecuted – there would only be one opportunity to receive a fixed penalty notice before prosecution was invoked.

During further discussion, the following points were noted:

·         There was a national reporting system for fly tipping

·         There had been an increase in fly tipping nationally

·         A press release had been issued, highlighting that increase

·         Criteria would be produced to assist with the decision of when to issue a fixed penalty notice and when to prosecute.

It was requested that a report on fly tipping be brought to the same meeting as the previously requested update on the green waste service (scheduled for October), to include figures (including type of item tipped), trends and comparisons with districts which have been charging for green waste collections for a number of years.

RESOLVED –

(i)            The introduction of a fixed penalty notice to deal with small scale fly tips be endorsed;

(ii)           The setting of the fixed penalty notice at £200, reduced to £125 if paid early within ten days, be endorsed;

(iii)          The request to delegate authority to the Lead Member for Neighbourhood Services and the Chief Officer (Environmental Health) to set the criteria for small scale fly tipping as an amendment to the Clean Neighbourhood Policy be supported;

(iv)         The delegation of authority to the Chief Officer (Environmental Health) to authorise suitable officers to issue fixed penalty notices for fly tipping be supported;

(v)          A report on fly tipping statistics be brought to the October meeting along with the update on the garden waste scheme.