Embed Size (px)
Citation preview
VALE OF WHITE HORSE DISTRICT COUNCIL Report No. 142/06 Wards Affected – all
REPORT OF THE ASSISTANT DIRECTOR (ENVIRONMENTAL HEALTH TO THE EXECUTIVE
5 JANUARY 2007
Local Environmental Quality Enforcement Strategy
1.0 Introduction 1.1 The draft Local Environmental Quality (LEQ) Enforcement Strategy was approved for
consultation purposes by Members in July. The strategy consultation and a parallel Enforcement Policy consultation have now been concluded. This report refers to the outcome of the consultations and to other related developments since July. It proposes a revised LEQ Enforcement Strategy which is attached at Appendix A.
1.2 The contact officer for this report is David Stevens, Assistant Director (Environmental Health) Tel:
01235 540378 2.0 Recommendations
Members are requested to:
(a) Approve the revised LEQ Enforcement Strategy attached at Appendix A; and (b) Note the resource implications of the revised strategy including the proposal for an
additional Environment Warden 3.0 Relationship with the Council’s Vision, Strategies and Policies
This report supports the Council’s overall aim of seeking the economic, environmental and social sustainability of the Vale, protecting and enhancing the vitality of our towns and villages. In particular this report helps to create a, cleaner, greener, safer and healthier community and environment
4.0 Background 4.1 In July Members received a report outlining the need for an LEQ Enforcement Strategy and
setting a programme for its finalisation following consultation. The report included a commitment for officers to bring forward a revised strategy and to keep resource implications under review.
4.2 The consultation on the draft strategy was run in parallel with consultation on enforcement
policies for Environmental Health and Envirocrimes. These were brought to the attention of Vale householders through the Autumn edition of Vale Views and Waste Views. Housing Associations, Chambers of Commerce, large local businesses, landlords and Town & Parish Councils were also informed via a circular letter in October. The draft strategy was posted on the Council’s website in October and November.
4.3 A small number of representations were made directly in connection with the draft strategy.
These are summarised in Appendix A together with an officer response to each comment. 4.4 The consultation on the draft enforcement policy did not lead to any amendments. The policy was
the subject of a report to Council on the 13th December together with other Environmental Health enforcement policies. Council delegated authority to the Strategic Director, in consultation with the two Group Leaders, to approve the revised enforcement policies.
4.5 As part of the Vale Voice Panel (VVP) consultation on Open Spaces over the Summer, Panel members were asked to rate their level of concern about envirocrimes in the Vale and to indicate their preference for a range of possible enforcement actions against the perpetrators of each.
5.0 Implications for the Strategy 5.1 The results of the three consultations are considered by officers to be very relevant to LEQ
Enforcement Strategy development. A summary of the consultation responses, an Officer assessment of these and associated recommendations are set out in Appendix A to this report. These, together with minor textual and layout improvements have been incorporated into the revised Strategy which is attached at Appendix C. It includes a summary of the responses to the VVP. A list of the changes made to the strategy is attached at Appendix B.
5.2 Members were advised in July that with existing resources it would be possible to provide a low
level reactive response to incidents but not to extend this to patrolling or surveillance activities and that both the level of activity and related resource needs would be kept under review.
5.3 The consultation response and related officer recommendations lead to a revised strategy which
emphasises more formal enforcement including prioritised, targeted and focussed action to identify and address offences. It also contains community engagement measures which: raise awareness of Council responsibilities and activities; educate the community about preventive measures; and promote positive actions to prevent envirocrimes and thereby improve Local Environmental Quality.
5.4 Officers have evaluated these needs against existing resources. They have proposed that an
additional 1FTE Environment Warden should be recruited to the Environmental Protection Team from April 2007 onwards, in order to enable the revised LEQ Enforcement Strategy to be implemented.
DAVID STEVENS ASSISTANT DIRECTOR (ENVIRONMENTAL HEALTH)
Background Papers: Executive Report 7th July
Draft LEQ enforcement Strategy
APPENDIX A SUMMARY OF RESPONSES TO THE PUBLIC CONSULTATIONS ON THE DRAFT LOCAL ENVIRONMENTAL QUALITY ENFORCEMENT STRATEGY, ENVIRONMENTAL HEALTH AND ENVIROCRIMES ENFORCEMENT POLICY AND VALE VOICE PANEL QUESTIONNAIRE 1.0 Introduction. 1.1 The Council has produced a draft Local Environmental Quality Enforcement Strategy,
following the implementation of new legislation, notably the Clean Neighbourhoods and Environment Act 2005 and its associated FPN regime for dealing with many types of environmental crimes.
1.2 Public consultation has also been carried out on the draft Environmental Health and
Envirocrimes enforcement policy so as to ensure that the Council has up to date policies which reflect current guidance and best practice. The revision of these policies also contributes towards an improved score on the Best Value Performance indicator BVPI 166 “An Enforcement Checklist for Environmental Health”
1.3 Consequently these documents were published on the Council’s website, and letters were
sent to various stakeholders or potentially interested parties to draw attention to them. 1.4 In order to gain a more detailed understanding of the public’s attitudes towards environmental
crimes, some questions were included in the Vale Voice Citizens Panel survey of August 2006 (VVP5).
2.0 Outcome of consultation 2.1 The response to the general consultation is set out in Annex 1. This mostly relates to the draft
Local Environmental Quality Enforcement Strategy. No adverse feedback was received on the draft enforcement policies.
2.2 The VVP survey provided relevant information which can help to decide on prioritisation of
topics, and on types of enforcement response to be used for the various environmental crimes. The main points, and recommendations arising from them, are shown in Annex 2
3.0 Recommendations 3.1 That the responses to the public consultation and the Vale Voice Citizens Panel survey be
noted, together with the Officer comments, as set out in Annex 1 and 2. 3.2 That the recommendations set out in response to the individual points in Annex 1 and 2 are
agreed and the draft strategy amended accordingly.
ANNEX 1 1.0 RESPONSE TO PUBLIC CONSULTATION The draft Local Environmental Quality Enforcement Strategy, and draft Enforcement Policies for Environmental Health and Envirocrimes, Health and Safety, Food Safety, and Private Sector Housing were publicised on the Council’s website for consultation during October 2006. Letters were sent to a range of stakeholders to draw attention to this and ask for comments. 2.0 Responses to the Local Environmental Quality Enforcement Strategy 2.1 Three responses were received from members of the public, summarised below with Officer
comments:- 2.2 Respondent 1 2.2.1 Wished to comment that the fixed penalty levels are too low and should be at least doubled,
especially for graffiti and dog fouling. He also did not see why there should be a discount for prompt payment (which effectively lowers the penalty); instead there should be a surcharge for tardy payment. He commented about more stringent penalties overseas.
2.2.2 Officer comments 2.2.3 The fixed penalty regime was set by government and the Council cannot go outside the fixed
penalty levels prescribed by legislation. The process of allowing a discounted penalty for prompt payment was also part of the legal regime, and the Council cannot use some other method.
2.2.4 For some offences, including graffiti, the government set a penalty range within which the
Council had some discretion to set a local fixed penalty level. Following consideration of all the issues involved, and after consultation with the police, the Executive of 7th July 2006 exercised its discretion and agreed to adopt the default fixed penalty levels recommended by Defra, which are lower than the maximum penalties available. It was agreed these would be reviewed after three years, which would allow the Council to consider both the local and national impact of the introduction of fixed penalties for environmental crimes.
2.2.5 Recommendations 2.2.6 The regime adopted by the Executive of 7th July 2006, including a three year review, is
continued. 2.3 Respondent 2 2.3.1 This person is a Faringdon resident, and was concerned about the litter and smoking detritus
generated by the children and some staff attending a nearby school. He suggested contacting the school about this.
2.3.2 Officer comments 2.3.3 The necessity for promotional work on environmental crimes to complement enforcement has
been recognised. Officers from Environmental Health are developing an awareness raising and promotion programme to implement the new powers in the Strategy with the Head of Communications.
2.3.4 Promotional work aimed at schoolchildren will be important in two respects. Firstly to reach
them at an age when they are likely to be receptive to such topics, and influence their
behaviour as they grow up. Secondly, to help tackle local problems around schools as described.
2.3.5 Recommendation 2.3.6 That the importance of promotional work on environmental crimes, particularly aimed
at schoolchildren, and the intention to develop this, is confirmed and a programme for awareness raising and promotion be developed.
2.4 Respondent 3 2.4.1 This person was concerned that the local Environmental Quality Enforcement Strategy should
be expanded to include noise nuisance and air quality issues. On noise, he recommended that the Strategy should include specific measures to address noise nuisance caused by non-compliant vehicle exhausts and nocturnal sounding of horns. He recommended a range of possible actions, including controls on Hackney Carriages.
2.4.2 On air quality, he recommended expanded air quality monitoring in areas of concern,
enforcement action should be taken on engine idling by buses and taxis, and that air quality and traffic assessments should be undertaken of developments within, or likely to impact upon, the declared air Quality Management Area in Abingdon.
2.4.3 As a final point, he raises the subject of lack of details on hypothecation of receipts from FPNs
for litter and dog fouling. 2.4.4 Officer comments 2.4.5 As the Council’s own document, the draft Local Environmental Quality Enforcement Strategy
could conceivably include many more subject matters which affect the perception of the quality of a neighbourhood. However, it was developed to meet Defra’s recommendation to have such a strategy on a focused range of environmental crimes. It reflects new legislation, particularly the Clean Neighbourhoods and Environment Act 2005, and the new fixed penalty regime introduced to give a new approach. It has therefore been written to take forward these particular issues and not as a universal local environmental quality document. The nuisance vehicle noise issues raised are matters within the jurisdiction of the police and not the Council to enforce. This respondent has been advised of this on previous occasions. They are issues on which very few complaints are received.
2.4.6 On other neighbourhood noise issues, the council operates within established noise nuisance
legislation and deals with hundreds of complaints each year, sometimes resulting in formal enforcement action and prosecutions.
2.4.7 The Council has a duty to take action on local air quality under the Environment Act 1995, and
there is comprehensive and detailed guidance issued by Defra. This includes the necessity for periodic reviews, with the last review resulting in the Council declaring a local Air Quality Management Area for Abingdon, because of the high levels of traffic-generated nitrogen dioxide.
2.4.8 Thus air quality is covered by an established regime under which the Council is acting. This
includes provision for air quality monitoring as considered necessary. The diffusion tube network for monitoring nitrogen dioxide in Abingdon has recently been expanded. Some other points made about expansion of monitoring are not considered necessary, and the respondent has been advised on previous occasions. The issue of potential unnecessary public service engine idling will be considered as part of development of the Action Plan required following declaration of the Local Air Quality Management Area.
2.4.9 On hypothecation of fixed penalty receipts, the Executive report of 7th July 2006 highlighted that such income would be used to offset enforcement costs. The legislation requires such income to be spent on the specified functions.
2.4.10 Recommendations 2.4.11 The scope of the Local Environmental Quality Enforcement Strategy remains as
drafted, and it is not expanded to include further issues at this stage. It be noted that, in respect of the other issues, existing legislation is in place and the Council is taking action on them.
2.4.12 That a statement on the hypothecation of fixed penalty receipts, as referred to in the
Executive report of 7th July 2006 be included in the revised Strategy. 3.0 Responses to the Draft Environmental Health and Envirocrimes Enforcement policy 3.1 Officer comment 3.2 No adverse feedback was received on the draft enforcement policy. Enforcement polices are
designed to guide enforcement to be undertaken in a fair, transparent way with a proportionate response. It is expected that these are principles most people would agree with, so little concern was expected. The original drafts were reviewed by Legal Services and amendments made as necessary. On 13th December Council delegated authority to the Strategic Director, in consultation with the two Group Leaders, to approve the revised enforcement policies.
3.3 Recommendation 3.4 The Environmental Health and Envirocrimes Enforcement policies be applied in
conjunction with the revised Strategy ANNEX 2. VALE OF WHITE HORSE DISTRICT COUNCIL’S “VALE VOICE” CITIZEN’S PANEL – FINDINGS FROM THE AUGUST 2006 SURVEY OF PANEL MEMBERS 1.0 Main findings 1.1 Concern over Environmental Crimes 1.1.1 This showed widespread concern about environmental crimes generally, significantly litter and
dog fouling (particularly dog fouling near play areas). There was relatively least concern about roadside vehicle repairs, roadside vehicle sales and putting domestic rubbish out too early.
1.1.2 Generally, younger people seemed to be less concerned than older people. 1.1.3 The Abingdon area showed relatively least concern about abandoned vehicles and fly tipping.
The probable reason is that offenders will be concerned about the likelihood of being observed, which is more likely in a built-up urban area than in more rural areas.
1.1.4 The Abingdon area showed relatively least concern over litter. This probably reflects the
impact of the Environmental Protection Act 1990 litter zoning requirements. These dictate a relatively high level of street cleansing resources necessary to meet the requirements, as compared to more rural areas.
1.2 Noticing Environmental Crimes in the Last 6 months 1.2.1 Most people had noticed some form of environmental crime, most commonly litter, dog fouling,
graffiti and fly tipping.
1.2.2 In Abingdon, residents were significantly more likely to have noticed graffiti and roadside vehicle sales, both of which tend to be more common in built-up areas.
1.3 Preference for how to deal with Environmental Crimes 1.3.1 FPNs were the preferred method of dealing with five of the ten listed types of environmental
crime. 1.3.2 A signification proportion of people felt that abandoned vehicles and fly tipping should be dealt
with by prosecuting offenders in court. 1.3.2 An informal warning was the preferred method of dealing with roadside vehicle sales, roadside
vehicle repairs, and putting domestic rubbish out too early. 2.0 Enforcement Strategy Implications 2.1 Survey Response - priorities for action 2.1.2 Litter, dog fouling, graffiti and fly tipping should be priorities for action. 2.1.2 Officer comments 2.1.3 These are already priorities for action, following the decision of the Executive on 7th July 2006
on the draft Strategy. 2.1.4 The draft Strategy also includes as a priority the “Duty of Care” in respect of both businesses
and householders, although a specific question on this in the VVP survey was not included. Action in respect of the Duty of Care will help reduce the amount of rubbish likely to end up being fly tipped by making sure it is disposed of via legitimate channels.
2.1.5 “Domestic rubbish put out too early” was of some concern, and had been noticed by many
people. With a sack-based collection, early presentation of rubbish often leads to an increase litter and refuse. Therefore tackling this problem can assist in tackling litter generally.
2.1.6 Recommendation 2.1.7 That fly tipping, litter, dog fouling, graffiti, fly posting, Duty of Care and early
presentation of waste offences are made or continued as priorities for enforcement action.
2.2 Survey Response – Action in cases of litter, dog fouling, fly posting and graffiti 2.2.1 FPNs should be the preferred first course of action to deal with cases of litter, dog fouling, fly
posting, and graffiti. 2.2.2 Officer comments 2.2.3 This suggests where people are observed committing an offence they would usually be given
an FPN forthwith, and there is no provision for giving people an informal warning for a first offence.
2.2.4 The draft strategy and enforcement policy contain a presumption that FPNs would not normally be used against juveniles.
2.2.5 Recommendation 2.2.6 That FPNs are served forthwith whenever these offences are observed, except in the
case of crimes committed by juveniles
2.3 Survey Response – action following roadside vehicles offences and early presentation of waste
2.3.1 An informal warning procedure should be the first course of action to deal with roadside
vehicle sales, roadside vehicle repairs and domestic rubbish put out too early. 2.3.2 Officer comments 2.3.3 Survey respondents preferred that verbal warnings and written warnings should normally be
used as the initial actions to deal with these offences. However, where these fail to change offending behaviour, it will be necessary to follow up with legal sanctions to avoid such warnings being discredited.
2.3.4 Recommendation 2.3.5 That an informal warning procedure, confirmed in writing, should be used to deal with
roadside vehicle sales, roadside vehicle repairs and domestic rubbish put out too early. Where such warnings are ignored and offences are repeated, FPNs should be used.
2.4 Survey response – Action following Fly Tipping 2.4.1 Prosecution in court should be the preferred first course of action for fly tipping. 2.4.2 Officer comments 2.4.3 The Council has already adopted a policy of prosecution as the preferred option of dealing
with fly tipping. This was agreed by Executive on 13th May 2005. This recognises the serious harm fly tipping causes to the environment, amenity and perception of the quality of a neighbourhood. It also recognises the difficulty in actually getting sufficient evidence to prosecute fly tippers, and the need to use prosecutions as a warning to others. It should be noted there is no FPN as such available for fly tipping, although the litter FPN can be used for an amount of rubbish up to a black sack’s worth.
2.4.4 Recommendation 2.4.5 That the Council continues with its policy of prosecution as the preferred enforcement
option for dealing with fly tipping. 2.5 Survey response – Action following Abandoned Vehicles 2.5.1 Prosecution in court should be the preferred course of action for abandoned vehicles. 2.5.2 Officer comments 2.5.3 Abandoned vehicles represent a significant detrimental impact on a neighbourhood, and may
often represent a serious safety hazard. In addition, it is extremely difficult to get sufficient evidence to prosecute offenders. It can therefore be argued these factors are similar to those involved with fly tipping and prosecution should be the preferred option. However, unlike fly tipping there is now an FPN procedure for dealing with a person who abandons a vehicle. A response taking this into account would be to use an FPN normally, but to opt for prosecution instead where the abandoned vehicle represented a significant safety or environmental hazard.
2.5.4 Recommendation
That prosecution be the preferred enforcement option for dealing with abandoned vehicles
A
PP
EN
DIX
B
L
ist
of
Ch
an
ges M
ad
e t
o t
he D
raft
Str
ate
gy
Secti
on
P
ag
e
Para
A
cti
on
It
em
R
easo
n
Intr
oduction
1
1.1
A
mended
Lis
t of
actions c
ontr
ibuting t
o e
nvirocrim
es
Impro
ved t
o inclu
de d
og
fo
ulin
g
Scope
1
2.4
In
sert
ed
This
str
ate
gy h
as b
een d
evelo
ped in c
onsultation w
ith k
ey p
art
ners
and a
cknow
ledg
es the im
port
ance o
f th
eir a
ctions in a
ddre
ssin
g
Envirocrim
es.
Key p
art
ners
for
the im
ple
menta
tion o
f th
e s
trate
gy
inclu
de T
ham
es V
alle
y P
olic
e, T
he E
nvironm
ent A
gency, O
xford
shire
Councils
and V
ale
Tow
n a
nd P
arish C
ouncils
.
Reflects
obje
ctives 4
.3
and 4
.5 o
f th
e s
trate
gy
Prioritization
4
5.6
In
sert
ed
and t
hat
FP
Ns a
re s
erv
ed f
ort
hw
ith w
here
ver
off
ences a
re o
bserv
ed,
except
in t
he c
ase o
f crim
es c
om
mitte
d b
y juvenile
s
Consultation r
esponse
and O
ffic
er
recom
mendation
5.7
In
sert
ed
FP
Ns s
hould
be s
erv
ed fort
hw
ith w
henever
these o
ffences a
re
observ
ed,
except
in t
he c
ase if
crim
e c
om
mitte
d b
y juvenile
s
Consultation r
esponse
and O
ffic
er
recom
mendation
5.8
In
sert
ed
and t
hat
FP
Ns a
re s
erv
ed f
ort
hw
ith w
henever
thee o
ffences a
re
observ
ed, except
in t
he c
ase o
f crim
e c
om
mitte
d b
y juvenile
s
Consultation r
esponse
and O
ffic
er
recom
mendation
5.1
1
Insert
ed
An info
rmal w
arn
ing p
rocedure
confirm
ed in w
riting s
hould
be u
sed.
Where
such w
arn
ings a
re ignore
d a
nd o
ffences a
re r
eport
ed F
PN
s
should
be u
sed.
Consultation r
esponse
and O
ffic
er
recom
mendation
5.1
2
Insert
ed
Roadsid
e V
ehic
le S
ale
s a
nd R
oadsid
e V
ehic
le R
epairs
It is a
n o
ffence to leave tw
o o
r m
ore
moto
r vehic
les p
ark
ed w
ithin
500m
of
each o
ther
on a
road w
here
they a
re e
xposed o
r advert
ised
for
sale
.
Sim
ilarly a
pers
on w
ho c
arr
ies o
ut cert
ain
work
s o
n a
moto
r vehic
le
on a
road is g
uilt
y o
f an o
ffence.
It
is p
roposed that an info
rmal w
arn
ing p
rocedure
confirm
ed in
writing s
hould
be u
sed to e
nfo
rce these p
rovis
ions. W
here
such
warn
ings a
re ignore
d a
nd o
ffences a
re r
eport
ed F
PN
s s
hould
be
used.
Consultation r
esponse
and O
ffic
er
recom
mendation
Sett
ing
Fix
ed
Penalty W
ork
5
6.2
In
sert
ed
Hypoth
ecation o
f F
ixed P
enalty R
eceip
ts
Ensuring O
ffic
er
Com
pete
ncy a
nd
consis
tency in
Polic
ies a
nd
Pro
cedure
5
9.1
In
sert
ed
With
any r
eg
ula
tory
serv
ice it
is e
ssential th
at
all
enfo
rcem
ent off
icers
are
fully
qualif
ied a
nd p
roperly t
rain
ed a
nd t
hat
polic
ies a
nd
pro
cedure
s a
re c
onsis
tent. T
he C
ouncil
makes u
se o
f both
exte
rnal
specia
list
train
ing
cours
es a
nd inte
rnal coachin
g a
nd m
ento
ring
. T
he
cre
ation o
f th
e O
xford
shire L
EQ
Enfo
rcem
ent G
roup (
OLE
G),
a
part
ners
hip
betw
een O
xfo
rdshire c
ouncils
, th
e P
olic
e a
nd t
he
Environm
ent
Ag
ency,
has p
rovid
ed t
he o
pport
unity t
o a
chie
ve a
consis
tent appro
ach a
nd s
hare
best pra
ctice in t
hese a
reas
E
nfo
rcem
ent O
ffic
ers
will
be g
iven a
dequate
and a
ppro
priate
tra
inin
g.
Sta
ndard
ized p
olic
ies a
nd p
rocedure
s w
ill b
e d
evelo
ped t
o a
chie
ve
consis
tency in e
nfo
rcem
ent, c
ouple
d w
ith c
om
plia
nce w
ith r
ele
vant
legis
lation e
.g.
on h
um
an r
ights
, surv
eill
ance a
nd inte
rvie
win
g o
f suspect. J
oin
t w
ork
ing a
nd s
haring o
f good p
ractice w
ith e
nfo
rcem
ent
part
ners
will
be a
hig
h p
riority
Impro
vin
g c
larity
on
measure
s to a
chie
ve
sta
ted o
bje
ctives
Com
munity
Eng
ag
em
ent
6
11.6
In
sert
ed
Import
ance o
f education a
nd p
rom
otion a
nd c
om
mitm
ent to
an
Education a
nd P
rom
otion P
rog
ram
me
Impro
ved c
larity
follo
win
g
consultation r
esponse
Appendix
A
Vale
Voic
e S
urv
ey
No 5
Insert
ed
Sum
mary
of
various r
esponses t
o E
nvirocrim
e q
uestions in V
VP
5
consultation
Update
d e
vid
ence o
f com
munity s
upport
for
more
form
al action o
n
Envirocrim
es
LEQ Enforcement Strategy V2.2
APPENDIX C
Vale of White Horse District Council Environmental Health Service Area
Local Environmental Quality Enforcement Strategy
Post Consultation Version Draft for Executive 5th January 2006
Created/ amended date
25.09.06 20.12.06
Draft Version no.
1.1 2.2
LEQ Enforcement Strategy V2.2
LOCAL ENVIRONMENTAL QUALITY ENFORCEMENT STRATEGY
1.0 Introduction 1.1 The Local Environmental Quality (LEQ) and thereby the perception of quality of life of a
neighbourhood, is significantly affected by the presence, absence or level of environmental crime or “envirocrimes” (a term identified by Government) in that neighbourhood. Envirocrimes may be taken to include any activities which create or add to litter, dog fouling, graffiti, fly-posting, abandoned vehicles, dog control, waste (including fly-tipping) and noise from dwellings and licensed premises. A comprehensive range of enforcement powers and duties are now available to the Council, particularly under the recent Clean Neighbourhoods and Environment Act 2005.
1.2 In order to ensure they take effective action about local environmental quality, the Department
of Food and rural Affairs (Defra) recommends that authorities adopt a Local Environmental Quality Enforcement Strategy in order to promote better enforcement in their area.
2.0 Scope 2.1 This Strategy covers all areas of enforcement work affecting LEQ including action on litter and
waste, graffiti, fly-posting, nuisance and abandoned vehicles, , dog control, waste (including fly-tipping) and noise from dwellings and licensed premises.
2.2 The principles and policies for taking effective enforcement action are set out in a series of
linked Enforcement Policies, which cover both general principles and more detailed requirements where appropriate.
2.3 This strategy also links to other Council strategies and polices including those covering
community safety, licensing, planning control, and pollution control. 2.4 This strategy has been developed in consultation with key partners and acknowledges the
importance of their actions in addressing Envirocrimes. Key partners for the implementation of the strategy include Thames Valley Police, The Environment Agency, Oxfordshire Councils and Vale Town and Parish Councils.
3.0 Aim 3.1 This Strategy aims to achieve improvements in Local Environmental Quality through effective
regulation and enforcement. 4.0 Objectives 4.1 To use all available powers and duties in an appropriate manner. 4.2 To ensure that the principles of the national Enforcement Concordat are applied to regulation
and enforcement. 4.3 To work effectively with other service providers and regulators to maximize effectiveness and
efficiency and avoid duplication. 4.4 To provide clear guidance to the community on the Council’s powers and duties, and in what
circumstances they will be used. 4.5 To obtain community support for this Enforcement Strategy 4.6 To work with the community to achieve implementation of this Enforcement Strategy
LEQ Enforcement Strategy V2.2
5.0 Achieving the Objectives 5.1 The Council will ensure it has the ability to take enforcement action on any offence falling
within the remit of this Strategy. However, this will be subject to:-
Allocation of Resources 5.2 Resources, including capacity to prosecute for offences and non-payment of Fixed Penalty
Notices (FPNs) served on behalf of the Council by its own officers and other agencies will be matched to the enforcement outcomes set by the Council. These enforcement outcomes include:-
• The ability to take enforcement action on any detected offence, including service of FPNs, in accordance with the Enforcement Policy principles.
• The ability to take timely prosecution where appropriate for offences or non-payment of FPNs.
• The contribution that enforcement actions make to the overall vision and aims of the Council.
5.3 The primary enforcement resource for envirocrimes lies within the Environmental Protection
Team in the Environmental Health Service Area. The Planning Enforcement team in the Community and Spatial Planning team leads on fly-posting A boards and parking related offences. There is close liaison between these teams and those in Community Safety, Waste Management and the Parks Management. Prioritization
5.3 Attention and resources may be focused on priority areas for enforcement
5.4 There are 13 envirocrimes offences now covered by FPNs, and prosecution is available for
various other offences. The following are the proposed priorities for enforcement action: 5.5 Fly tipping
The illegal depositing of waste is a considerable and growing problem for the Vale and nationally. No fixed penalty notice is available, but the Government has increased the penalty to a maximum fine of £50,000 and possible imprisonment. Enforcement on fly tipping already forms part of the work of the Environmental Protection Team. It is proposed that this work will continue and that the Council continues with its policy of prosecution as the preferred enforcement option for dealing with fly tipping.
5.6 Litter
Litter is a universal problem and is a highly visible and public envirocrimes. A significant proportion of the street cleaning budget is spent essentially on picking or sweeping up litter. It is proposed that the new FPN with locally set penalty level and early payment discount is used and that FPNs are served forthwith wherever offences are observed, except in the case of crimes committed by juveniles.
5.7 Dog fouling
In 1997 under the provisions of the Dogs (Fouling of Land) Act 1996, the Council made an order designating, subject to certain statutory exceptions, all land to which the public have access. This made it an offence for dog owners to fail to pick up and a FPN of £50 is already currently applicable across the Vale. No new orders can be made under this Act.
LEQ Enforcement Strategy V2.2
The Council and Town and Parish Councils can declare Dog Control Orders under the new legislation, which can include making it an offence of failure to clear up dog faeces. The new FPN with locally set penalty level and early payment discount could then be used by them. It is proposed that the Dogs (Fouling of Land) Act 1996 provisions are used for enforcement for the time being, as they are already in force. They have been publicised over the years, reducing the need for more publicity. FPNs should be served forthwith whenever these offences are observed, except in the case of crimes committed by juveniles The introduction of the new Dog Control Orders would then take a lower priority, allowing plenty of time for research and consultation as to any need for them
5.8 Graffiti and fly posting
These are universal problems and are highly visible and public envirocrimes. Careful interpretation of the Town and Country Planning (Control of Advertisements) Regulations 1992 is required before any particular advertisement can be classed as an illegal Fly Poster (as there is no formal/legal definition of ‘fly-posting’) thus enabling prosecution under Section 224(3) of the Town and Country Planning Act 1990. It is proposed that enforcement on fly posting which already forms part of the work of the Planning Enforcement team will continue incorporating the new FPN with locally set penalty level and early payment discount and that FPNs are served forthwith whenever these offences are observed, except in the case of crimes committed by juveniles
5.9 Failure of business to produce authority (waste transfer notes) It is part of the existing requirements of the Environmental Protection Act 1990 section 34 legal “Duty of Care” in respect of waste for businesses to obtain and keep written transfer notes when they transfer their waste to another party. This legislation has been in force for many years, contravention leading to prosecution. Lack of such transfer notes will often be an indication that the waste has entered the unregulated waste chain and is likely to be disposed of irregularly or fly-tipped. Obtaining sufficient evidence to prosecute for fly-tipping is extremely difficult and complex in most cases. However, checking whether or not a business has transfer notes is more simple and straightforward. By enforcing this aspect of the Duty of Care, it is likely that the amount of waste entering the unregulated waste chain will decrease, thus reducing fly-tipping of such waste. It is proposed to use the new FPN with locally set penalty level and early payment discount. Attention will be focused on businesses implicated in fly tipping cases, those considered high risk for not having suitable arrangements, or those businesses causing problems from litter and rubbish because of inadequate waste storage and management arrangements.
5.10 Householder Duty of Care
Householders were exempt from the Environmental Protection Act 1990 section 34 legal Duty of Care until recently. However, new regulations now require householders to take reasonable measures to ensure waste from their property is passed on to an authorised person. There is evidence of small-scale local fly tipping being carried out by some householders. Furthermore, waste from home improvements, gardening and driveway construction is often found in fly tips perpetrated by unregistered waste carriers including some tradesmen. Householders are therefore expected to check that traders are registered waste carriers. Attention will be focused on those householders implicated in fly tipping. It is proposed that in cases of fly-tipping involving household waste consideration will be given to prosecution under the householder Duty of Care provision.
LEQ Enforcement Strategy V2.2
5.11 Early presentation of Household Waste In the consultation undertaken with 1000 members of the Vale Voice Panel in the summer
“Domestic rubbish put out too early” was of some concern, and had been noticed by many people. With a sack-based collection, early presentation of rubbish often leads to increased litter and refuse as the contents of sacks are spilled following sack damage by animals or adverse weather. Therefore tackling this problem can assist in tackling litter generally.
It is proposed that action is taken to address early presentation, where household waste is put
out more than 24 hours before the normal collection day. An informal warning procedure confirmed in writing should be used. Where such warnings are ignored and offences are reported FPNs should be used.
5.12 Roadside Vehicle Sales and Roadside Vehicle Repairs
It is an offence to leave two or more motor vehicles parked within 500m of each other on a road where they are exposed or advertised for sale. Similarly a person who carries out certain works on a motor vehicle on a road is guilty of an offence. It is proposed that an informal warning procedure confirmed in writing should be used to enforce these provisions. Where such warnings are ignored and offences are reported FPNs should be used.
6.0 Setting Fixed Penalty Levels 6.1 In respect of FPNs for envirocrimes, the Council has to decide what penalty levels to set for
those where local discretion is allowed. It also has to decide what, if any, discount will be made available for early payment of the various FPNs and what the early payment discount period shall be.
It is proposed to apply the penalty levels and discounts shown in the scheme in Appendix B
6.2 Hypothecation of fixed penalty receipts The Council is allowed to keep income from the receipt
of FPNs, such receipts which have to be spent on the specified functions.
It is proposed to keep the income from use of FPNs and to use it to offset the costs of implementing the Local Environmental Quality Enforcement Strategy.
7.0 Choice of legislation
For many offences, there may be a range of different pieces of legislation which could be used to take enforcement action. Consideration will be given to the most appropriate choice for any particular case. In addition, it may be decided that generically certain pieces of legislation will not be used, e.g. where the Council has discretion, because other legislation is considered more appropriate and useful, or to allow proper assessment of the impact and benefits of new legislation and experience of its use elsewhere.
8.0 Juveniles 8.1 Issuing FPNs to Juveniles.
In law, an FPN can be issued to anyone over the age of 10 years. However, Defra guidance recommends adoption of special procedures for issuing notices to young offenders (I.e. those below age 18 years).This will ensure authorities act in accordance with their duty under the Children Act 2004 which requires them to discharge their functions having regard to the need to safeguard and uphold the welfare of children.
It is proposed that, in the initial phase of envirocrimes enforcement, FPNs are not issued to juveniles. Procedures and protocols will be developed in conjunction with the police and Youth Offending Teams, and will be incorporated into the revised Environmental Health Enforcement Policy.
LEQ Enforcement Strategy V2.2
9 Ensuring Officer competency and consistency in polices and procedures 9.1 With any regulatory service it is essential that all enforcement officers are fully qualified and
properly trained and that policies and procedures are consistent. The Council makes use of both external specialist training courses and internal coaching and mentoring. The creation of the Oxfordshire LEQ Enforcement Group (OLEG), a partnership between Oxfordshire councils, the Police and the Environment Agency, has provided the opportunity to achieve a consistent approach and share best practice in these areas Enforcement Officers will be given adequate and appropriate training. Standardized policies and procedures will be developed to achieve consistency in enforcement, coupled with compliance with relevant legislation e.g. on human rights, surveillance and interviewing of suspects. Joint working and sharing of good practice with enforcement partners will be a high priority
10.0 Balance 10.1 A balance needs to be maintained between education, awareness raising, managing public
expectation and enforcement. Similarly there will be a balance maintained across the various areas of enforcement e.g. between resources devoted to FPNs and time spent on prosecutions. Both these will be pursued in the interest of good enforcement practice and high quality, efficient service delivery
11.0 Community Engagement 11.1 The Defra guidance on envirocrimes recommends that it is good practice to consult on, and
promote to, the public the contents of a local environmental quality enforcement strategy, particularly if FPNs have not been previously used, or used widely.
11.2 However, public concern about envirocrimes has existed for some time, and has been shown
to be a priority in the Vale. Appendix A provides supporting information to demonstrate this concern and support for moving forwards rapidly.
11.3 In order to update and focus on public attitudes to envirocrimes some questions on LEQ enforcement were included in a consultation with the Vale Voice Panel. A summary of their responses is included in appendix A
11.4 The Enforcement Strategy and associated enforcement policies will be publicized, along with
details of legislation and an explanation of why the Council intends to use its powers. The Council will consult with other enforcement agencies, with stakeholders and with the general public. Working protocols will be established with other enforcement agencies.
11.5 As FPNs have not previously been used, a publicity campaign is being undertaken to further
raise public awareness on envirocrimes, the impending expansion of enforcement activities (particularly FPNs) and to seek continuous feedback. The aim of publicity measures is to inform those who live, work and visit the Vale what constitutes an offence and what penalties can be expected. This hopefully will help indirectly to avoid unwittingly committing offences and also to identify and act upon offences they observe by others.
11.6 The importance of education and promotion in safer working and improving Local
Environmental Quality and preventing envirocrimes is clear. A programme of education and promotion measures including work with young people and schools will be pursued by Council Officers.
11.7 Appendix C outlines the LEQ Enforcement Strategy Development Programme for the Council
year 2006/7.
LEQ Enforcement Strategy V2.2
Appendix A LOCAL ENVIRONMENTAL QUALITY ENFORCEMENT STRATEGY EXISTING SUPPORT FOR MORE FORMAL ACTION ON ENVIRONMENTAL CRIME The National Picture Local Environmental Quality has been a major theme for the Government over the past few years. They have consulted widely, it is now a priority subject for Defra, and much new legislation has been produced on “envirocrimes” (i.e. those offences which affect local environmental quality), culminating in sweeping new powers (particularly use of FPNs) with the Clean Neighbourhoods and Environment Act 2005 and much associated detailed guidance. There are close links with the anti-social behaviour agenda, which is also a Government priority and resulted in legislation such as the Anti Social Behaviour Act 2003. Envirocrimes can be considered as acts of anti-social behaviour. Anti-social behaviour enforcement measures, such as Anti Social Behaviour Orders (ASBOs) have been used around the country in respect of persistent envirocrimes offenders. Vale of White Horse Community Safety Strategy Under the Crime and Disorder Act 1998, the Police, the Police Authority, Local Authorities (County, District, Town and Parish Councils), Fire and Rescue Services and Primary Care Health Trusts have a statutory responsibility to work together to tackle crime and disorder. Other public sector and voluntary organisations are required to cooperate with the statutory authorities. The statutory partners have to conduct an audit of crime and disorder, consult the public on the findings of the audit, and produce a strategy for tackling the issues identified. The input from the statutory partners therefore represents a considerable body of opinion from those organisations that have the protection and well-being of the public as a core responsibility. A comprehensive audit was carried out in 2004, with the volume and quality of data far exceeding that of previous audits. Key issues from the audit formed the basis of a consultation exercise. Analysis of the audit data revealed environmental crime as one of the key issues, to quote:- “Environmental crime This includes litter, graffiti, nuisance dogs, nuisance vehicles, fly-tipping, flies posting, nuisance neighbours and abandoned shopping trolleys. It scored highly in the survey, and the emergence of new legislation and new empowerments for local authorities will almost certainly see it assume a high profile over the strategy period.” Subsequently environmental crime showed as a high concern in the public consultation exercise. As a consequence, environmental crime formed one of the 5 themes under which the Strategy is presented:- “Environmental Crime A significant local concern which is assuming more importance nationally and upon which the district council will lead.” The target for the Environmental Crime Action Group, set up to progress work on this theme, most relevant to enforcement includes “Reduce the number of reported fly tipping incidents…….” Reflecting the comments under the National Picture, Anti-Social Behaviour is also a significant local concern, and a theme of the Community Safety Strategy. There are close links between the 2 themes and their respective Action Groups.
LEQ Enforcement Strategy V2.2
Existing Service Area activity The Council receives many complaints, service requests and comments from the public and other organisations about envirocrimes, and already takes enforcement action on many issues. To quote some examples:- The Planning Enforcement Service
• This Team has always dealt with contraventions of advertising regulations, including fly posting on non-highway land
• Use of land and premises without proper planning permission, or dereliction of land, can give rise to envirocrimes issues, such as pollution, offensive accumulations of materials, fly tipping
Services responsible for land and premises
• All such services are affected by envirocrimes, such as litter, graffiti, Fly posting, fly tipping, and dog fouling. These generate complaints about the appearance of Council land and property.
The Waste Services Team and Environmental Health Service
• The Waste Management Team is responsible for the cleanliness of the public highways and associated relevant land. Most of the rubbish they deal with results from litter and fly tipping, and considerable numbers of complaints and service requests are received on these issues. Dog fouling is another major topic of complaint about street cleaning.
• They a receive complaints about early presentation of domestic waste for collection, which results in litter and reduction in amenity.
• They deal with abandoned vehicles, which often have associated problems of rubbish and oil pollution, as well as representing a safety hazard.
• The Environmental Protection Team has always dealt with a variety of complaints and requests for service on environmental quality issues. It has broadened its role into environmental crime enforcement, and consequently now receives many complaints on envirocrimes. It has concentrated efforts to date on fly tipping enforcement and its successful prosecutions and formal cautions have received favourable comment. Public interest has been high, resulting in 2 television appearances by team members to talk about fly tipping.
• Dog fouling enforcement and stray dog control attract lots of complaints and service requests.
• The concern over fly tipping led the Council to adopt a policy of prosecuting offenders wherever practicable, because of the seriousness of the issue.
. Local media Interest
• The local media reflect the interest and concern of the local community on envirocrimes antisocial behaviour and LEQ as a whole. As well as some topics reaching television, the national and local press, community newsletters frequently all run articles on various aspects and incidents of envirocrimes.
Vale Voice Survey no 5 summer 2006
• 1000 members of the council’ Citizens Panel – Vale Voice – was asked for their views on Envirocrimes. The following is a summary of their responses:
6. ENVIRONMENTAL CRIMES
Q48 How concerned or unconcerned are you about each of the following types of
environmental crimes?
6.1 The types of environmental crimes that respondents were most concerned about were found
to be litter (96% concerned) and dog fouling in or near play areas (94% concerned).
Respondents were found to be least concerned about roadside vehicles repairs (35%
LEQ Enforcement Strategy V2.2
concerned), roadside vehicle sales and putting domestic rubbish out too early (both 38%
concerned). The full results for this question are shown below in Table 28.
Table 28.Level of concern about various types of environmental crimes
Concerned Unconcerned
Dog fouling on public land 84% 4%
Dog fouling in or near play areas 94% 2%
Litter 96% *
Fly posting 62% 10%
Graffiti 81% 5%
Abandoned vehicles 82% 5%
Fly tipping 88% 6%
Roadside vehicles sales 38% 22%
Roadside vehicle repairs 35% 26%
Domestic rubbish put out too early 38% 27%
Unweighted Base: Between 603 and 593 respondents (excluding those answering “Don’t know
/ no answer”)
6.2 Female respondents (88%) were more likely to be concerned about dog fouling on public land
than male respondents (80%). Respondents aged 45-54 (92%), 55-64 (93%) and 65+ (96%)
were significantly more likely to be concerned about this than younger respondents.
6.3 Analysis of the level of concern about dog fouling in or near play areas found no significant
differences or patterns of response.
6.4 Respondents from the Abingdon area (92%) were less likely to be concerned about litter than
respondents from other areas.
6.5 Respondents aged 55-64 (73%) and 65+ (79%) were significantly more likely to be concerned
about fly posting than younger respondents.
6.6 Respondents aged 55-64 (91%) and 65+ (93%) were significantly more likely to be concerned
about graffiti than younger respondents.
6.7 Respondents from the Abingdon area (74%) were significantly less likely to be concerned
about abandoned vehicles than respondents from other areas. Female respondents (86%)
were significantly more likely to be concerned about this than male respondents (77%).
Respondents aged 55-64 (93%) and 65+ (88%) were also more likely to be concerned about
this than younger respondents.
6.8 Respondents from the Abingdon area (80%) were significantly less likely to be concerned
about fly tipping than respondents from other areas. Respondents aged 55-64 (95%) and 65+
(98%) were significantly more likely to be concerned about this than younger respondents.
6.9 Respondents from the North East area (46%) were more likely to be concerned about
roadside vehicle sales than respondents from other areas. Respondents aged 55-64 (56%)
LEQ Enforcement Strategy V2.2
and 65+ (60%) were significantly more likely to be concerned about this than younger
respondents.
6.10 Respondents from the North East area (43%) were more likely to be concerned about
roadside vehicle repairs than respondents from other areas. Respondents aged 55-64 (57%)
and 65+ (53%) were significantly more likely to be concerned about this than younger
respondents.
6.11 Female respondents (43%) were more likely to be concerned about domestic rubbish being
put out too early than male respondents (32%). Respondents aged 55-64 (53%) and 65+
(56%) were significantly more likely to be concerned about this than younger respondents.
Q49 And which of the following types of environmental crimes have you noticed in the last
six months?
6.12 The types of environmental crimes which respondents were most likely to have noticed in the
last six months were found to be litter (87%), dog fouling on public land (79%) graffiti (61%), fly
tipping (59%) and dog fouling in or near play areas (55%). Only 2% of respondents have not
noticed any of the listed environmental crimes in the last six months, as shown below in Table
29..
Table 29.Types of environmental crimes noticed in the last six months
Q49
Dog fouling on public land 79%
Dog fouling in or near play areas 55%
Litter 87%
Fly posting 41%
Graffiti 61%
Abandoned vehicles 48%
Fly tipping 59%
Roadside vehicles sales 29%
Roadside vehicle repairs 12%
Domestic rubbish put out too early 43%
None of these 2%
Unweighted Base: 605 respondents (excluding those answering “Don’t know / no answer”)
6.13 Respondents from the Abingdon area were significantly more likely to have noticed graffiti
(70% Abingdon vs. 61% total panel) and roadside vehicle sales (39% Abingdon vs. 29% total
panel) than respondents from other areas. Respondents from the North East area were
significantly less likely to have noticed dog fouling in or near play areas (44% North East vs.
55% total panel). Male respondents (47%) were significantly more likely to have noticed fly
posting in the last six months than female respondents (35%).
LEQ Enforcement Strategy V2.2
Q50 How would you like the Council to deal with each of the following types of
environmental crimes?
6.14 FPNs were the preferred method of dealing with five of the ten listed types of environmental
crimes. Between half and two thirds of respondents thought that abandoned vehicles and fly
tipping should be dealt with by prosecuting offenders in court (57% and 68% respectively). Full
results are shown below in Table 30.
Table 30. Preferred method of dealing with various types of environmental crimes
Verbal
Warning
Written
Warning
FPNs Prosecute
in Court
No action
required
Dog fouling on public land 15% 15% 54% 13% 3%
Dog fouling in or near play
areas
7% 14% 53% 25% 1%
Litter 17% 17% 55% 11% 1%
Fly posting 14% 23% 46% 13% 3%
Graffiti 11% 19% 46% 23% 1%
Abandoned vehicles 1% 7% 34% 57% *
Fly tipping 1% 5% 25% 68% *
Roadside vehicles sales 15% 31% 20% 10% 23%
Roadside vehicle repairs 19% 33% 16% 5% 27%
Domestic rubbish put out
too early
30% 29% 6% 1% 34%
None of these 2%
Unweighted Base: Between 587 and 282 respondents (excluding those answering “Don’t know
/ no answer”)
LEQ Enforcement Strategy V2.2
Appendix B
FPNS FOR ENVIROCRIMES – SERVICE OF NOTICES, SETTING LOCAL PENALTY LEVELS AND DISCOUNTS FOR EARLY PAYMENT Background There are 13 offences listed in Table 1. For 5 of these, the amount of fixed penalty has been set by the Government. For 8 offences the various Acts enable the Council to use its local discretion and specify the amount of a fixed penalty. If the Council does not make use of this power, the Acts provide that a standard default amount applies. These offences are highlighted in grey in Table1. Where the Council does decide to set its own fixed penalty amounts, these must fall within certain ranges which are also indicated below. In addition, for all the offences listed (with the exception of noise from licensed premises) the Council may offer a discount for early payment of a FPN. The amount below which the discounted penalty must not fall is also shown in the table. Setting the penalty levels Defra guidance offers the following advice on setting penalty levels:- ‘In determining the level for a fixed penalty, local authorities will need to take into account the deterrent effect of different levels and also peoples’ readiness to pay and the levels of fines imposed locally for the relevant offence in magistrates courts. Fixed penalties that are too high for local conditions, and lead to substantial non-payment rates, will be counter-productive as will penalties that are higher than the likely fine in the event of non-payment’ However, the offences listed have generally not been pursued in the Courts in Oxfordshire, so local information on levels of fines is not available. Similarly there is no information on people’s readiness to pay. The Defra guidance strongly recommends consulting the police when setting penalty levels. This has been done, and they have suggested the use of the default penalty levels. There was also support for consistency across Oxfordshire. It had been suggested that neighbouring authorities of similar nature set similar penalty levels for consistency. However, it can be argued this goes against the principle in the legislation of allowing local discretion. The Council’s Community Safety Team has also been asked for their views. In the absence of available information on these topics, they have also suggested use of the default penalty levels. In drawing up the relevant legislation, the Government has consulted widely over the past few years, and has drawn on a wealth of research and expert opinion. It can therefore be argued that, in the absence of local information to the contrary, the default levels they set are fair and reasonable. It is therefore suggested the default penalties be adopted. The use of FPNs will develop nationally over the next few years following the implementation of the Clean Neighbourhoods and Environment Act 2005. It would therefore be sensible for the Council to review the penalty levels after a reasonable time, and 3 years is suggested. Setting early payment discounts. There is a standard period for payment of fixed penalties, set in the legislation at14 days. Once a fixed penalty notice has been issued, an authority cannot prosecute for the alleged offence if the fixed penalty is paid within this period. For this reason, the period during which a discount for early payment is offered must be less than 14 days and, to avoid confusion, Defra recommend that it should not be more than 10 days and this has been adopted.
LEQ Enforcement Strategy V2.2
It is considered important to offer a reasonably large early payment discount for a fixed penalty notice. This will encourage prompt payment and help achieve high payment rates. The Government has set the amounts below which the fixed penalty levels may not fall. Again, in the absence of local information to the contrary, these offer reasonably large discounts so it is suggested these have been adopted.
Tab
le 1
O
ffen
ces f
or
wh
ich
fix
ed
pen
alt
ies a
re a
vail
ab
le
The t
able
belo
w lis
ts the f
ixed p
enalty n
otice issuin
g p
ow
ers
covere
d b
y D
efr
a g
uid
ance. T
he s
haded r
ow
s r
epre
sent th
ose F
PN
s w
here
the local
auth
ority
may u
se it’s d
iscre
tion to s
et its o
wn p
enalty leve
ls w
ithin
the s
pecifie
d r
ang
e. If t
he local auth
ority
does n
ot set its o
wn p
enalty le
vels
, th
e
defa
ult p
enalty w
hic
h a
pplie
s is s
how
n.
The local auth
ority
may a
lso s
et an e
arly p
aym
ent
dis
count fo
r all
the f
ixed p
enaltie
s lis
ted,
unle
ss o
therw
ise indic
ate
d. T
he a
mounts
belo
w w
hic
h t
he
dis
counte
d p
enaltie
s m
ay n
ot fa
ll are
:-
•
For
off
ences w
ith a
defa
ult r
ate
of
£75,
£50.
•
For
off
ences w
ith a
defa
ult r
ate
of
£100,
£60.
•
For
off
ences w
ith a
defa
ult r
ate
of
£200,
£120.
•
For
off
ences w
ith a
defa
ult r
ate
of
£300,
£180.
Secti
on
&
i Leg
isla
tio
n
Descri
pti
on
o
f O
ffen
ce
Pen
alt
y
Am
ou
nt
for
fixed
pen
alt
y
no
tice s
et
in
leg
isla
tio
n
Am
ou
nt
belo
w
wh
ich
d
isco
un
ted
p
en
alt
y m
ay n
ot
fall
Reco
mm
en
ded
V
OW
HD
C l
ocal
pen
alt
y
Reco
mm
en
ded
D
isco
un
ted
level
for
earl
y
pa
ym
en
t o
f fi
xed
pen
alt
y n
oti
ce
s.
6(1
) C
lean
Neig
hbourh
oods
and
Environm
ent
Act
2005
Nuis
ance
park
ing
Am
ount fixed a
t £100.
£60
Not
applic
able
£60
s.
2A
(1)
Refu
se
Dis
posal
(Am
enity)
Act
1978
Abandonin
g a
vehic
le
Am
ount fixed a
t £200
£120
Not
applic
able
£120
s.
88(1
) E
nvironm
enta
l P
rote
ction A
ct 1990
Litte
r
Can b
e s
et
at
local le
ve
l (b
etw
een
(£50-
£80).
D
efa
ult £
75
£50
£75
£50
s.
94A
(2)
Environm
enta
l P
rote
ction A
ct 1990
Str
eet lit
ter
contr
ol notices
and litte
r cle
aring
notices
Can b
e s
et
at
local le
ve
l (b
etw
een £
75-
£110).
D
efa
ult £
100
£60
£100
£60
Schedule
3A
, para
.7(2
) E
nvironm
enta
l P
rote
ction A
ct 1990
Unauth
orised
dis
trib
ution
of
litera
ture
on
desig
nate
d
land
Can b
e s
et
at
local le
ve
l (b
etw
een £
50-
£80).
D
efa
ult £
75
£50
£75
£50
s.
43 A
nti-s
ocia
l B
ehavio
ur
Act
2003
Gra
ffiti and f
ly-
posting
Can b
e s
et
at
local le
ve
l (b
etw
een £
50-
£80).
D
efa
ult £
75
£50
£75
£50
s.
5B
(2)
Contr
ol of
Pollu
tion
(Am
endm
ent)
Act
1989)
Failu
re t
o
pro
duce
auth
ority
(w
aste
tra
nsfe
r note
s)
Am
ount fixed a
t £300
£180
Not
applic
able
£180
s.
34A
(2)
Environm
enta
l P
rote
ction A
ct 1990
Failu
re t
o
furn
ish
docum
enta
tion
(waste
carr
ier’s
licence)
Am
ount fixed a
t £300
£180
Not
applic
able
£180
s.
47Z
A(2
) E
nvironm
enta
l P
rote
ction A
ct 1990
Off
ences in
rela
tion t
o
waste
re
cepta
cle
s
Can b
e s
et
at
local le
ve
l (b
etw
een £
75-
£110).
D
efa
ult £
100
£60
£100
£60
s.
59(2
) C
lean
Neig
hbourh
oods
and
Environm
ent
Act
2005
Off
ences
under
Dog
C
ontr
ol O
rders
Can b
e s
et
at
local le
ve
l (b
etw
een £
50-
£80).
D
efa
ult £
75
£50
£75
£50
s.
73(2
) C
lean
Neig
hbourh
oods
and
Environm
ent
Act
2005
Failu
re t
o
nom
inate
key
hold
er
(within
an
ala
rm
notification
are
a)
or
to
notify
local
auth
ority
in
writing
of
nom
inate
d k
ey
hold
er’s
deta
ils
Can b
e s
et
at
local le
ve
l (b
etw
een £
50-
£80).
D
efa
ult £
75
£50
£75
£50
s.
8 N
ois
e A
ct 1996
N
ois
e f
rom
dw
elli
ng
s
Can b
e s
et
at
local le
ve
l (b
etw
een £
75-
£110).
D
efa
ult £
100
£60
£100
£60
s.
8 N
ois
e A
ct 1996
N
ois
e f
rom
lic
ensed
pre
mis
es
Am
ount fixed a
t £500
Not
applic
able
(N
OT
E N
O
DIS
CO
UN
T
AV
AIL
AB
LE
ON
T
HIS
P
AR
TIC
UL
AR
P
EN
AL
TY
FO
R
EA
RL
Y
PA
YM
EN
T)
Not
applic
able
N
ot
applic
able
Appendix C LEQ ENFORCEMENT STRATEGY DEVELOPMENT PROGRAMME Policy on Fly Tipping Prosecutions May 2005 The Council adopted a presumption to prosecute in cases of fly-tipping and to publicize prosecution outcomes in order to raise awareness
Policy on use of Fixed Penalty Notices (FPNs) December 2005
The Council adopted criteria for the use of FPNs for environmental crime enforcement
New Powers in the Clean Neighbourhoods and Environment Act 2005 in Force
April 2006
A range of measures including FPNs for environmental crime became available to local authorities
Consultation on Envirocrimes and Enforcement July 2006 1000 members of the Vale’s Vale Voice Panel (the Citizens Panel for the Vale) were asked which, if any envirocrimes bothered them and what enforcement measures they thought would be appropriate in each case
Environmental Cleanliness Action Plan Drafted June 2006 A cross-cutting Action Plan reflecting the multiple roles of the Council was drafted in consultation with partners and stakeholders. Measures to improve service provision (e.g. Street Cleansing and Litter Picking), monitoring (e.g. levels of litter and fly-tipping), regulation and enforcement and community engagement were included.
Draft LEQ Enforcement Strategy and Policy Adopted July 2006
The draft policy consolidated enforcement measures and linked them to the principles of enforcement best practice contained in the national Enforcement Concordat (a Central Government Document signed up to by the Council in 2003). The strategy incorporates aims and objectives for LEQ enforcement and a charging and prioritisation scheme for FPN use
Consultation on Draft LEQ Enforcement Strategy and Policy September 2006
The proposed strategy and policies are posted on the Council’s website and raised with householders via Vale Views newsletter. Partner Councils, agencies and community groups are also consulted.
Consultation Review and Strategy and Policy Finalised January 2007
Consultation comments to be reviewed by officers elected members and partnership groups. Final document presented at Executive for adoption.
