Issue - meetings

RESOLVED:   That the level of fine at £200 reduced to £150 if paid within 10 days be approved.

Reason for Decision

To allow the Council to deal with minor incidents of fly tipping where there is no or low culpability and low level of harm to the environment or human health.

Councillor Devereux and the Environmental Health Officer presented the report which explained that in 2016 the Government introduced new powers under The Unauthorised Deposit of Waste (Fixed Penalties) Regulations 2016 to allow local authorities to offer fixed penalty notices for offences under section 33(1)(a) of the Environmental Protection 1990, which related to the unauthorised deposit of waste (fly tipping).  The purpose of the amendment was to provide local authorities with a more efficient and proportionate response to small-scale fly-tipping of waste.

The power to issue fixed penalty notices did not need to be adopted, however there was leeway to set fine levels locally within a range of not less than £150 and not more than £400 and it is this which Cabinet was asked to decide.

To ensure consistency across Norfolk an appropriate level of fine was discussed by officers at the Norfolk Waste Enforcement Group. The following options were considered:

a)    Not using the powers.

b)    Using the default levels of fine set at £200.

c)    Setting the fine at £250 reduced to £150 if paid within 10 days.

d)    Setting the fine at £200 reduced to £150 if paid within 10 days.

The use of the fixed penalty notices provided a useful tool for allowing the Council to deal with small-scale and cases, where there was a low level of capability and the harm to environment is minimal. Given this it was considered that the option D provided the most appropriate level of fine for the scale of offence likely to be dealt with by means of a fixed penalty notice.

Councillor Devereux and the Environmental Health Officer responded to questions regarding the level and types of fly tipping and how a case file was build should it be necessary to proceed to prosecution if the fixed penalty notice was declined.

RESOLVED:   That the level of fine at £200 reduced to £150 if paid within 10 days be approved.

Reason for Decision

To allow the Council to deal with minor incidents of fly tipping where there is no or low culpability and low level of harm to the environment or human health.