Decision details

Members considered a report which asked them whether they wished to implement the standard default level for Fixed Penalty Notices (FPNs),  whether to implement the standard default level and offer a reduction for early payment (within 10 days), (in line with local authorities in the North Yorkshire region); or to specify the amount of the  FPN’s from within the ranges set out in the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2006 (regulation 2).  The ranges were from £50 to £80 for those offences with a default amount of £75, and from £75 to £110 for offences with a default amount of £100. Members were also asked to approve a proposed communication and awareness strategy, and the commencement date of the 20^th November 2006 for implementation of FPN enforcement.

The FPN levels recommended by North Yorkshire Chief Officers Group are as follows:

The report presented three options:

(a) To set the level for FPN’s at the standard default level, in line with surrounding authorities in the North Yorkshire area, including the application of a discount for prompt payment at the minimum level below which the discounted penalties cannot fall, within 10 days of the offence, as detailed in the table in paragraph 9 of the report and the table above;

(b)               To set the level for the FPN’s at the standard default level as detailed in Annex A of the report and not to offer a discount for prompt payment;

(c)               To specify the amount of the FPN’s from within the ranges set out in the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2006 (regulation 2).  These ranges are from £50 to £80 for those offences with a default amount of £75 and from £75 to £110 for offences with a default amount of £100.  Annex A provides the details of these ranges for each listed offence.  Associated with this is that the amount of the discount should also be specified, should Members so wish.

The report also detailed the steps required to satisfy DEFRA statutory guidance regarding  a well publicised lead in period to raise awareness of the proposed changes to the enforcement action:

i)       Enforcement information will be available on the CYC web

ii)     Press releases – The first of which was issued with this report.  From this it is hoped that the Press and other media such as local radio stations will feature information on enforcement action within the street environment.

iii)   Information will be placed in council produced external and internal publications, such as YourWard (subject to Ward member approval), and YourCity, at the next possible opportunity.

iv)    Posters will be produced and displayed at sites such as libraries, bus stops and council receptions.

v)      For offences in relation to waste receptacles and the presentation of waste, leaflets detailing the new enforcement powers will be sent to all addresses on streets where previous enforcement action has been necessary, to ensure that occupiers are aware that FPN’s will be issued where sufficient evidence is gained of an offence.

Advice of the Advisory Panel

(i)                 That the Executive Member be advised to approve option (a) as detailed above;

(ii)      That the Executive Member be advised to approve the communication and awareness strategy, as detailed above, along with the commencement date of issuing FPN’s of 20^th November 2006.

Decision of the Executive Member

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

REASON:                  (i) This will enable uniformity of enforcement in the region whilst allowing in effect the lower rate to be paid.

                                    (ii) In order to progress work in this area.