Issue - meetings

This report advises Members on new guidance produced by the Department of Environment, Food and Rural Affairs (DEFRA) on the use of Fixed Penalty Notices (FPNs) and recommends amendments to the current Street environment Service litter enforcement policy, to ensure that procedures are in keeping with best practice when using fixed penalty notice (FPN) enforcement against young people.

Advice of the Advisory Panel

That the Executive Member be advised to agree the changes in policy highlighted in annexes 2 and 3 of the report.

Decision of the Executive Member

RESOLVED:             That the advice of the Advisory Panel be accepted and endorsed.

REASON:                  To ensure that the Authority’s litter enforcement policy and procedures are compliant with DEFRA’s best practice on the issuing on FPNs to young people.

Members received a report advising them on new guidance produced by the Department of Environment, Food and Rural Affairs (DEFRA) on the use of Fixed Penalty Notices (FPNs) and recommending amendments to the current Street environment Service litter enforcement policy, to ensure that procedures are in keeping with best practice when using fixed penalty notice (FPN) enforcement against young people.

The report presented the following options for consideration:

(a)       To support the revised policy in annexes 2 and 3 in their entirety.

(b)       To support the revised policy in annexes 2 and 3 with any of the proposed steps set out being amended or removed.

(c)            Decide to keep the current enforcement policy unchanged.

In response to concerns that the initiative would be difficult to enforce long term, the Enforcement Manager explained that they had a team of seven Street Environment and Enforcement Officers and work was currently being undertaken with North Yorkshire Police to train up Police Community Support Officers so they could also enforce the littering legislation.

She stressed the importance of education in schools and reported that although schools were supportive of the initiative, her officers often struggled to get assembly time to talk to the children.

In relation to payment of Fixed Penalty Notices, Members welcomed the option of paying FPNs in instalments but raised concerns that in cases where this option was chosen, the young person would not be able to benefit from the reduction in the fine which would apply if the fine was paid in full within 10 days. In response to Members concerns, the Enforcement Officer confirmed that if someone chose to pay in instalments they would be entitled to the reduced fine of £50.

Advice of the Advisory Panel

That the Executive Member be advised to agree the changes in policy highlighted in annexes 2 and 3 of the report.

Decision of the Executive Member

RESOLVED:             That the advice of the Advisory Panel be accepted and endorsed.

REASON:                  To ensure that the Authority’s litter enforcement policy and procedures are compliant with DEFRA’s best practice on the issuing on FPNs to young people.