Issue - meetings

To seek authority to issue a penalty notice under regulation 4 of The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 generally and specifically in one particular instance.

In the opinion of the Chief Executive and in accordance with the Paragraph 14.2 of Annex 4.6 of the Operating Framework (Overview, Audit and Scrutiny) the decision on recommendation 1 of this item is considered to be urgent and is not subject to call-in.

Following consideration, the Committee unanimously resolved to:

(1)       Nominate and authorise the Public Protection Manager to issue a penalty notice under regulation 4 of The Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 in respect of a particular incident detected on 13 September 2025.

(2)        Ask full Council to nominate and authorise the list of Officer roles in appendix 1 of this report to issue future penalty notices under Regulation 4 of the Littering from Vehicles Outside London (Keepers: Civic Penalties) Regulations 2018 and any subsequent or successor provisions.

The Committee received a report that sought authority to issue a penalty notice under regulation 4 of The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 generally and specifically in one particular instance. In the opinion of the Chief Executive and in accordance with the Paragraph 14.2 of Annex 4.6 of the Operating Framework (Overview, Audit and Scrutiny) the decision on recommendation 1 of this item was considered to be urgent and not subject to call-in.

An amendment to the wording of recommendation 2 was tabled.  Following advice from Legal and following Committee consideration it was unanimously agreed that recommendation 2 be amended from:

Nominate and authorise the list of Officer roles in appendix one of this report to issue future penalty notices under regulation 4 of The Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 and any subsequent or successor provisions.

To:

Ask full Council to nominate and authorise the list of Officer roles in appendix 1 of this report to issue future penalty notices under Regulation 4 of the Littering from Vehicles Outside London (Keepers: Civic Penalties) Regulations 2018 and any subsequent or successor provisions.

The Committee considered the following matters:

a)    Fly tipping vs littering. In response to a Member question the Public Protection Manager explained that flytipping was an “either way” offence and was normally indicative of a more substantive issue than littering, which is a summary only offence.

a)    Deterrents. In response to Member questions the Public Protection Manager explained that where CCTV was available it was common to review it.  The CCTV images in this instance was so blatant it was an obvious case to take further.  He also stated that financial penalties involved would not provide an income stream for the Council.  The public were welcome to provide any evidence they had but the Council would need to find other robust sources of evidential information. 

b)    Communication. Committee Members were keen that an appropriately worded communication be released when Council action had been taken as a further deterrent.

Following consideration, the Committee unanimously resolved to:

1.          Nominate and authorise the Public Protection Manager to issue a penalty notice under regulation 4 of The Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 in respect of a particular incident detected on 13 September 2025.

2.          Ask full Council to nominate and authorise the list of Officer roles in appendix 1 of this report to issue future penalty notices under Regulation 4 of the Littering from Vehicles Outside London (Keepers: Civic Penalties) Regulations 2018 and any subsequent or successor provisions.