Agenda item

Report number ENV686 of the Cabinet Member for Environment.    (Enclosure)

Decision:

1.    Cabinet adopts the Enviro Crime Enforcement Policy attached at Appendix 1 to report number ENV686

2.    That the Fixed Penalty Notice charges remain at the levels proposed by Council until they can be reviewed based on experience

3.    Cabinet supports the principle of delivering the enforcement service through alternative, council-owned delivery arrangements

Considerations:

1.    Report number ENV686 of the Cabinet Member for Environment and draft policy attached as appendix 1 to the report

2.    Commitment through the Big Clean and development of a higher street standard to improve the street environment and make the district attractive to investors, residents and visitors

3.    Feedback from an all Member workshop held in December 2017 at which the main areas of environmental crimes were considered

4.    Comments and recommendations from the Environment Overview and Scrutiny Committee and assessment of those recommendations

5.    To increase the level of fine to the Government-allowed maximum was considered to be disproportionate and was considered to impact on the payment rate and additional enforcement costs

6.    The equality analysis undertaken on the proposed policy and attached as appendix 2 to the report

Other options considered:

Various options for the response to each offence were considered in the Members’ workshop. Following feedback, Members wished for the Public Space Protection Order (dog control) to be reviewed to consider the inclusion of extra conditions relating to dog fouling and a requirement to carry the means to pick up dog waste.

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Members were advised that when enviro crime enforcement was considered by the Environment Overview and Scrutiny Committee they had advocated setting the fixed penalty notice at £150, the maximum level allowed by the Government. The Cabinet Member stated that while he was grateful for the recommendations of the Overview and Scrutiny Committee, which he had considered, his recommendation was that the level of fine should remain at £100, the level agreed by Council when it set its budget on 1 March 2018. He gave his rationale, highlighting that the maximum amount set by Government covered the whole country. Based on the economic demography of the area, he felt that a fine of £100 in South Kesteven would make as strong a statement as a fine of £150 in more affluent areas. He added that increasing the fine to £150 may impact on collection rates and lead to increased enforcement costs. Other Cabinet Members expressed support for the rationale behind this assessment. Assurance was also given that the level of fine would be kept under review.

Several Members spoke of their experiences of how the Big Clean had encouraged residents within their Wards to take ownership of their local area and organise community litter picks.

The report indicated that enforcement would be provided in-house, which meant that there was the greatest flexibility to target specific issues in specific areas.

Non-Cabinet Members were given the opportunity to make comments and ask questions which covered whether there was any discretion with issuing fines or if the initiative was being used as an opportunity to raise money and whether footage obtained covertly would form the basis for issuing fines. Members were reassured that the fines were not intended to be a mechanism to generate income. They were also advised that covert footage would not be used; enforcement officers would use overt body worn video devices, the footage from which would be used as evidence. Footage obtained through the district council’s CCTV system would also be used as evidence for issuing fines.

Members of the Cabinet approved the recommendations as listed in report ENV686.