New penalties coming in for litter louts
NEW fixed penalties are set to be introduced by Halton Borough Council for offences such as littering, graffiti, fly-posting and distribution of printed matter.
A report from the strategic director of enterprise, community and resources to the council’s Environment And Urban Renewal Policy And Performance Board set out the proposed changes.
The report said that two new regulations came into force on April 1, 2018, that provide local authorities with the ability to increase the fixed penalty notice (FPN) amounts for a range of environmental offences and also give local authorities increased powers to tackle littering from a vehicle.
The change in legislation means that local authorities can set the amount payable for some fixed penalty notices for the period April 1, 2018, to March 31, 2019, to a maximum of £150 and a minimum of £50.
From April 1, 2019, onwards, the maximum amount stays at £150, however, the minimum amount increases to £65.
The new legislation sets a default level of £100 for offences relating to littering, graffiti, fly-posting and the distribution of printed matter.
This means that should the council not specify its FPN levels for these offences, the default penalty of £100 is automatically applied.
The council’s current FPN level for the offences is £80, which is the highest amount allowable under previous legislation. Although the new regulations allow the council to ● set this level at £150, it is being recommended that the council continues with the default level of £100.
The report said: “It is considered that this level of increase on current rates is sufficient to send a strong deterrent message that environmental crime is wholly unacceptable and will not be tolerated in Halton.
“It will also allow the council scope to review and increase the amount in future should even stronger deterrent messages be deemed necessary.”
The report also outlines procedures regarding discount for early payments.
“Legislation sets a standard FPN payment period of fourteen days, and the council has the discretion to offer a discount for early payment of an FPN.
“The council has previously approved the time period for early payment discount as being within 10 days.
“The amount payable for early payment of an FPN in Halton is £75, which is above the current legislation default level of £50.
“The report reccommends that the discount period should continue as being 10 days from the point of an FPN being issued. It is proposed that the council continues with the £75 amount.”
It is considered that the increase in the FPN amount to £100 and the creation of a larger differential incentive for early payment could increase payment rates.
The report also proposes that, as the current FPN for dog fouling offences is the maximum allowed at £100, by maintaining this level for a range of environmental offences will ensure that a consistent level of penalty charge is applied to both littering and dog fouling offences.