URL: https://cmttpublic.cheshirewestandchester.gov.uk/ieDecisionDetails.aspx?ID=2056

Decision Maker: Community Safety and Neighbourhood Pride Portfolio Holder

Outcome:

Is Key Decision?: No

Is Callable In?: Yes

Purpose: (1)         This report reviews and makes recommendations for an increase in the penaltylevels for Fixed Penalty Notices (FPNs) for the environmentalcrime offences of littering and fly tipping (the illegal disposal of waste onto land that is not licensed to accept it). (2)         The report also outlines how FPNs could be utilised as an alternative enforcement sanction for breaching the household waste duty of care and makes recommendations on the penalty levels.

Content: (1)         This report reviews and makes recommendations for an increase in the penaltylevels for Fixed Penalty Notices (FPNs) for the environmentalcrime offences of littering and fly tipping (the illegal disposal of waste onto land that is not licensed to accept it). (2)         The report also outlines how FPNs could be utilised as an alternative enforcement sanction for breaching the household waste duty of care and makes recommendations on the penalty levels. That:   1)         the Fixed Penalty Notice penalty level for the offence of littering be increased to £150 for a lower-level littering offence, while retaining the reduction for early payment within seven days at £90; 2)         that structured framework be introduced for littering offences, to include an additional penalty level for a higher-level littering offence as set out in paragraphs 4.5 and 4.6 and Table 2 of Appendix 1 to the report; 3)         the Fixed Penalty Notice penalty levels for fly tipping offences be increased in accordance with the structured framework set out in paragraph 4.6 and Table 4 of Appendix 1 to the report and include the introduction of a reduced penalty for early payment in the case of a higher-level offence; 4)         the authority adopts a procedure for issuing Fixed Penalty Notices for breaches of the household waste duty of care; and 5)         the Fixed Penalty Notice penalty levels for breaches of the household waste duty of care be fixed in accordance with the structured framework set out in paragraph 4.7 and Table 5 of Appendix 1 to the report. 1)            There are significant environmental, social and financial impacts associated with fly tipping and littering.  They are a blight on local communities, a source of pollution, a potential danger to public health and a hazard to wildlife.  Reports of waste crime are increasing, and the Council therefore needs to ensure the current FPN penalty levels are appropriate for these offences, and act as an effective deterrent.    2)            Following a legislative amendment to the upper fixed penalty limit for the offences of littering and fly tipping, the option to increase the penalty levels has been carefully considered and is recommended. Increasing the penalty for littering and introducing a penalty of a higher-level littering offence and increasing the maximum penalty for fly tipping offences from £400 to the statutory maximum of £1,000 will send out a strong deterrent message.  The introduction of FPNs for breaches of the household waste duty of care will enhance the authority’s effectiveness in dealing with this offence, by speeding up the enforcement process, while maintaining a proportionate and consistent approach.  3)            Maintaining a distinction between higher- and lower-level offences of fly tipping and breach of the household waste duty of care, and introducing a distinction for littering offences, will ensure that enforcement remains proportionate, and this approach, together with the maintenance of a reduced penalty for early payment, will encourage early and efficient disposal and mitigate against the risk of non-payment. It is an option not to increase the penalty level for fly tipping and littering and not to introduce FPN disposal for breaches of the household waste duty of care.  This option is not recommended as the number of offences remains high and there is a need for an effective deterrent.

Date of Decision: July 1, 2026