Issue - meetings
Environmental Offences - Fixed Penalty Amounts
Meeting: 30/01/2018 - Environment Committee (Item 21)
21 Environmental Offences - Fixed Penalty Amounts 
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This report sets out the levels for fixed penalty notices for a range of environmental offences.
Additional documents:
Decision:
The Committee approved the levels of fixed penalties as set out in the Annexe to the report.
Minutes:
The Committee received and considered a report that proposed levels for fixed penalty fines for a range of environmental offences.
Legislation set out fixed penalty notice provisions for specified offences. Despite being restricted in the level of fine the Council could impose, fixed penalty notices were proving successful in addressing low levels of environmental crime such as fly tipping, littering and waste duty care offences. The proposals sought to regularise the level of fixed penalty fines for specified offences to ensure that fines were in step with surrounding areas and provided the Council with the flexibility to deal with, and deter future, offences.
Regulations were due into effect in April 2018 that would increase the maximum and minimum levels of fine for certain offences. The proposals set out in the report reflected these and the proposed fines had been set at the maximum level. It was noted that, where possible, a 20% reduction would be applied for early payment of a fine to provide an incentive for early settlement. Such incentives were common practice in most other authorities.
Accordingly, the Committee approved the levels of fixed penalties set out below:
|
Description of offence |
Legislation |
Full amount of penalty |
Early payment amount |
Maximum penalty on conviction |
|
|
|
£ |
£ |
£ |
|
Depositing Litter |
s.87/88 Environmental Protection Act 1990 |
100 (from 1/4/18) |
80 (from 1/4/18) |
2,500 |
|
Illegal dumping of waste (flytipping) |
s.33 Environmental Protection Act 1990 |
400 |
320 |
unlimited |
|
Failure to produce waste documents |
s.34 Environmental Protection Act 1990 |
300 |
240 |
unlimited |
|
Failure to produce authority to transport waste |
s. 5 Control of Pollution (Amendment) Act 1989 |
300 |
240 |
unlimited |
|
Failure to comply with a s.47 waste receptacles notice |
s.47ZA Environmental Protection Act 1990 |
100 |
80 |
1,000 |
|
Failure to comply with a Community Protection Notice |
s.52 Antisocial Behaviour Crime & Policing Act 2014 |
100 |
80 |
2,500 unlimited for incorporated bodies |
|
Failure to comply with a Public Spaces Protection Order |
s.68 Antisocial Behaviour Crime & Policing Act 2014 |
100 |
80 |
1,000 |
|
Criminal Damage (Graffiti and flyposting) |
s.43 Antisocial Behaviour Act 2003 |
100 (from 1/4/18) |
80 |
2,500 |
|
Parking of two or more vehicles exposed for sale on the road |
s.3 Clean Neighbourhoods and Environment Act 2005 |
100 |
80 |
2,500 |
|
Repairing vehicles on the road by a business |
s.4 Clean Neighbourhoods and Environment Act 2005 |
100 |
80 |
2,500 |