URL: https://northnorthants.moderngov.co.uk/ieDecisionDetails.aspx?ID=1671

Decision Maker: Executive

Outcome:

Is Key Decision?: Yes

Is Callable In?: Yes

Purpose: To consider and approve Fixed Penalty Fine levels for Environmental Crime Offences

Content: RESOLVED   KEY DECISION   That the Executive,   a)      Adopted Option Two as set out in Section 5 of the report as the new levels for fixed penalty notice (FPN) for offences related to littering, graffiti, fly-tipping, and household waste duty of care and to give a discount of 25% i.e., discounted fine value, for early payment as set out in paragraph 5.6 of this report.   b)      Amended the payment period for FPNs for littering, graffiti, fly-tipping, and household waste duty of care to 28 days and the early payment (discounted FPN level) period to 14 days.   c)      Delegated responsibility to the Executive Director of Place and Economy in consultation with the Executive Member for Highways, Travel and Assets for the amendment of the Council’s Enforcement Policies and the Council’s Fees and Charges publication in respect of the changes to the early repayment discount and the new fine amounts.     Reason for Recommendations – To accord with the Regulations and the Council’s Enforcement Policy. This recommendation supports the Corporate Plan Key Commitments specifically   ·       Green, sustainable environment ·       Safe and thriving places   Alternative Options Considered –   ·       Do Nothing Option – this option was considered, however given the increasing cost to the Council for the activities relating to the investigation, and clearances of incidents, and the resources required to complete meaningful enforcement action, this option ultimately will reduce the resources the Council can allocate to environmental enforcement. Code of practice for litter and refuse 11D.3 is clear that enforcement should be self-financing, and neither national nor local taxpayers should be expected to meet any deficit. This also misses the opportunity to send a clear message to offenders that the Council will take proportionate enforcement action against environmental offences.   ·       Increase fines to a lesser amount – this option was considered however the risks identified for increasing are similar regardless of the fine amount. A smaller increase in the fine does less to reduce the current gap between expenditure and cost recovery for the Council in respect of waste enforcement and the removal of fly tipping within the local authority area. This also misses the opportunity to send a clear message to offenders that the Council will take proportionate enforcement action against environmental offences.   ·       Remove the option for an early repayment discount. - o   this option was considered as part of the key messages to demonstrate the robust approach taken by North Northamptonshire Council in respect of incidents of environmental crime.  o   To remove the early repayment discount is contrary to the Code of Practice that requires enforcing authorities to set fixed penalties, within the ranges specified in the Environmental Offences (Fixed Penalties) (England) Regulations 2017 and that they should select an appropriate level to reflect local circumstances, including local ability to pay. o   The Council’s Enforcement Policies and guidance within the Council’s Enforcement Concordat are the Council’s current best practice guidance which defines the principles of good enforcement and is the foundation upon which the Council’s own enforcement policy is based. Removal of the early repayment discount would be contrary to these existing agreed Policies and guidance. o   The Council currently applies an early repayment discount to all FPNs issued. Should the Council wish to depart from its current position and implement the removal of the early repayment contrary to national standard practice, it should ensure that its reasons for doing so are reasonable and proportionate. o   To remove the early repayment discount would trigger a review and update of the Council’s enforcement policy. o   The provision of an early repayment discount encourages offenders to discharge their liability for the offence in lieu of prosecution. When set at an appropriate level the receipt of payment at a reduced level provides an incentive to make payment and indicates an effective deterrent against future offending. The receipt of payment of FPNs provides income to the authority that is ringfenced for spending on specific environmental functions and in turn contributing to a reduction in the administrative burden of tracking fines paid and seeking payment from offenders.  o   Unpaid FPNs will be prosecuted in the relevant Court. Courts will seek to ensure that any local authority prosecutions are only brought before them when the enforcing authority has exhausted all other reasonable measures when offering sanctions for an offence, as described in the Council’s enforcement policy. Offering early repayment period is seen as standard practice when dealing with offences where a fixed penalty can be offered. o   Removal of this option may increase the number of FPNs that are not paid. This will require an increase in resources of local authority officers both from legal and waste management teams in preparing and prosecuting cases in court. o   The impact of an increased number of prosecutions is the increase of the court to exercise their discretion for sentencing of offenders in these cases. Historically where prosecutions locally are successful, the level of fine imposed by the court is far lower than the amount of an FPN, even with an early repayment discount applied. Officers routinely include an impact statement to the court which details the officer time, clean-up costs and other associated expenses, however it is rare that Courts order repayment of the full and true costs to the authority. o   The last prosecution by the Council for the offence of fly tipping that went to Magistrates Court, where an FPN of £400 had not been paid, was concluded with the offender entering a guilty plea. This matter had twenty-three hours of legal officer time recorded. The average fee from the Government guideline solicitors' rates is £231 per hour.  This matter would have incurred an approximate cost at average guideline rates of over £5,300. The court issued a fine of £400 and a contribution towards costs of £150.        

Date of Decision: December 19, 2024