Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: Yes
Is subject to call in?: No
Councillor Alan Quinn, the Cabinet Member for Environment, Climate Change and Operations, presented the report which regarding new powers introduced into the Environmental Protection Act 1990, which allow authorised officers of local authorities to issue on the spot fixed penalty notices (FPN’s) offering offenders the opportunity to pay up to £400 for anyone caught in the act of fly-tipping, as an alternative to being prosecuted.
1. Notes the contents of the report.
2. Approves the introduction of a Fixed Penalty Notice regime as provided for under section 33ZA of the Environmental Protection Act 1990 and sets the penalty charge at £400, with no reduction for early payment, and the option to pursue the matter in court.
3. Delegates to the Executive Director of Operations the power to authorise appropriate officers for the purposes of giving FPN’s pursuant to this regime.
Reasons for the decision:
The Council can prosecute where there is evidence of fly tipping, but this is a lengthy process. We must meet both the evidential and public interest test when deciding to prosecute and a prosecution has to be proportionate to the offence, in line with our enforcement policy. This will allow the Council to take swifter action to tackle fly tipping in the borough and provides an alternative remedy to prosecutions where appropriate.
Other options considered and rejected:
The FPN could be set at a low fine level, or no amount set, where the default amount would be £200 as set out in the legislation. However, it is felt it needs to be set at the maximum to ensure it is a deterrent to fly tippers and the figure proposed is in line with other GM authorities.
Publication date: 25/07/2021
Date of decision: 21/07/2021
Decided at meeting: 21/07/2021 - Cabinet