Issue - meetings

Clean Neighbourhoods and Environment Act 2005 (Fixed Penalty Notices)

Meeting: 18/10/2006 - Executive Member For Neighbourhood Services and Advisory Panel (Item 28)

28 Clean Neighbourhoods and Environment Act 2005 - Fixed Penalty Notices pdf icon PDF 55 KB

The purpose of this report is to ask Members whether they wish to implement the standard default level for the Fixed Penalty Notices (FPN’s); 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).  Members are also asked to approve a proposed communication and awareness strategy,   and the commencement date of the 20th November 2006for implementation of FPN enforcement.

Additional documents:

Decision:

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 20th November 2006 for implementation of FPN enforcement.

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

Description of Offence

Amount if paid within 10 days (£)

Default Amount

(£)

Depositing Litter

50

75

Failure to comply with a street litter control notice

60

100

Failure to comply with a litter clearing notice

60

100

Failure to produce waste documents

180

300

Failure to produce authority to transport waste

180

300

Unauthorised distribution of free printed material

50

75

Failure to comply with a waste receptacles notice

60

100

Graffiti and fly-posting

50

75

 

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  ...  view the full decision text for item 28

Minutes:

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 20th November 2006 for implementation of FPN enforcement.

 

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

 

Description of Offence

Amount if paid within 10 days (£)

Default Amount

(£)

Depositing Litter

50

75

Failure to comply with a street litter control notice

60

100

Failure to comply with a litter clearing notice

60

100

Failure to produce waste documents

180

300

Failure to produce authority to transport waste

180

300

Unauthorised distribution of free printed material

50

75

Failure to comply with a waste receptacles notice

60

100

Graffiti and fly-posting

50

75

 

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 provided 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’s 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 streetenvironment.

iii)            Information will be placed in council produced external and internal publications, such as YourWard (subject to Ward  ...  view the full minutes text for item 28


 

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