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Decision details

Increase in Fixed Penalty Notice fines for fly-tipping, duty of care, littering and graffiti

Decision Maker: Cabinet

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: Yes

Purpose:

The Government has increased the maximum amount those caught fly-tipping could be fined from £400 to £1,000, for fly-tipping, from £150 to £500 for litter and graffiti offences and from £400 to £600 for householders who fail in their duty of care for the disposal of waste. This report recommends these increases to be approved.

Decisions:

The purpose of the report was to set out the new maximum level fines proposed by Government to deter and punish the offences of littering, fly-tipping, householder duty of care, flyposting and the distribution of free printed matter, and to seek approval to introduce these new fine levels.

 

The Cabinet Member for Planning and Regulatory Services, Councillor Layton, introduced the report.

 

The following points were presented to Cabinet:

 

·         It was outlined that the predominant rural landscape of the Cotswolds made fly-tipping in particular an environmental and public safety issue.

 

·         It was noted that the increase of the fine was welcomed as the costs for dealing with fly-tipping in particular had risen.

 

·         It was outlined that the reduction would be reduced from 50% to 25% within 14 days.

 

The increase in the fine levels were welcomed by Cabinet Members as a penalty for these practices.

 

There were questions around timescales for the fines to be implemented. It was noted that these would be introduced as soon as possible after the decision-making processes had been completed.

 

It was reaffirmed that the householder has a duty of care for the management of their waste if had ended up being fly-tipped, and would face a fixed penalty notice if their address was linked.

 

There was also a clarification outlined by the Deputy Leader in regard to the discount levels in Table 1 (Para. 3.4) where an error within the report would be corrected so it should read ‘New Fine (Payment within 28 days)’ as opposed to ‘New Fine (Payment within 14 days)’ under column 4.

 

The recommendations were proposed by Councillor Layton and seconded by Councillor Evemy.

 

RESOLVED: That Cabinet

1. NOTED the report.

2. AGREED to increase the fine levels to the maximum levels permissible as outlined in paragraph 3.4 as amended.

3. AGREED an early payment discount as outlined in paragraph 3.4.

4. AGREED to delegate authority to the Chief Executive to increase the fine levels as approved.

 

Record of Voting – For: 8, Against 0, Abstention 0, Absent: 0

 

 

For

Against

Abstain

Absent/Did not vote

Claire Bloomer

 

 

 

Joe Harris

 

 

 

Juliet Layton

 

 

 

Lisa Spivey

 

 

 

Mike Evemy

 

 

 

Mike McKeown

 

 

 

Paul Hodgkinson

 

 

 

Tony Dale

 

 

 

 

Report author: Philip Measures

Publication date: 15/12/2023

Date of decision: 07/12/2023

Decided at meeting: 07/12/2023 - Cabinet

Effective from: 19/12/2023

Accompanying Documents: