Agenda item

(Environment Portfolio Holder) To consider the attached report (C-076-2009/10).

(1)        That the level of fixed penalties be set at the statutory default level;

(2)        That a discount for early payment for a fixed penalty be offered and the level of discounted penalties be set at the statutory minimum allowable for that offence;

(3)        That the maximum period of payment permitted to attract a discounted penalty be 10 days;

(4)        That the policy for the issue of Fixed Penalty Notices attached at Appendix A be agreed and incorporated within the adopted Environment & Street Scene Enforcement Policy, subject to the following amendments:

(a)        references to “Juveniles under the age of 10 years” be amended to “Children under the age of 10 years”;

(b)        references to “Juveniles aged between 10 and 15 years” be amended to “Children aged between 10 and 15 years”; and

(c)        references to “Juveniles aged between 15 and 17 years” be amended to “Youths aged between 15 and 17 years”; and

(5)        That the Council’s intent to introduce the use of fixed penalty notices and the adopted penalties and discounts be advertised for a minimum period of two months via:

(a)        local newspapers;

(b)        the Council’s website;

(c)        Parish Newsletters; and

(d)        The Forester.

The Environment Portfolio Holder introduced a report on the adoption of the proposed Fixed Penalty Notices policy.

The Portfolio Holder reported that Fixed Penalty Notices (FPN) were a means by which an authorised Officer of the Council could give a person, whom they had reason to believe had committed an offence, the opportunity to discharge any liability to conviction for the offence by the payment of a fixed penalty. The Council was also able to retain the receipts from fixed penalties. Where a FPN was given then no proceedings would be instituted for that offence before the expiration of 14 days following the date of the notice being issued and if the Fixed Penalty was paid then the recipient could not be convicted of the offence. If the fixed penalty was not paid, then the recipient would be prosecuted for the original offence, not the non-payment of the fixed penalty. The statutory minimum discount would be offered to all offenders who paid within 10 days of the offence.

The Portfolio Holder for Legal & Estates advised that the term ‘Juveniles’ was no longer used and that the term ‘Children’ should be used for those aged under 15, and the term ‘Youths’ for those aged between 15 and 17 years old. The Director for Environment & Street Scene added that there were currently no designated alarm areas within the District and that the reference to Waste Receptacles as an offence was primarily targeted at trade premises. It was agreed that the policy should be advertised for a minimum period of two months in local newspapers, on the Council’s website, in the Forester and Parish newsletters.

Decision:

(1)        That the level of fixed penalties be set at the statutory default level;

(2)        That a discount for early payment for a fixed penalty be offered and the level of discounted penalties be set at the statutory minimum allowable for that offence;

(3)        That the maximum period of payment permitted to attract a discounted penalty be 10 days;

(4)        That the policy for the issue of Fixed Penalty Notices attached at Appendix A be agreed and incorporated within the adopted Environment & Street Scene Enforcement Policy, subject to the following amendments:

(a)        references to “Juveniles under the age of 10 years” be amended to “Children under the age of 10 years”;

(b)        references to “Juveniles aged between 10 and 15 years” be amended to “Children aged between 10 and 15 years”; and

(c)        references to “Juveniles aged between 15 and 17 years” be amended to “Youths aged between 15 and 17 years”; and

(5)        That the Council’s intent to introduce the use of fixed penalty notices and the adopted penalties and discounts be advertised for a minimum period of two months via:

(a)        local newspapers;

(b)        the Council’s website;

(c)        Parish Newsletters; and

(d)        The Forester.

Reasons for Decision:

The Cabinet had previously endorsed the use of FPNs as an enforcement tool, as part of its consideration of the Safer, Cleaner, Greener initiative in 2008.  The Council now needed to formulate a policy for their use, fix the penalties and discounts which applied to the relevant offences and advertise its intention to use FPNs within the District.

Other Options Considered and Rejected:

To reverse the previous Cabinet decision and not authorise the use of FPNs at this time, or to delay their implementation until a later date.