Decision details

The approval of the policy and operational guidance relating to fixed penalty notices for environmental crime enforcement and procedural matters

RESOLVED:  That

(1)               the Environmental Compliance Enforcement Policy be approved for adoption;

(2)               the Fixed Penalty Notice (FPN) Operational Guidance for staff be noted;

(3)               the two new Fixed Penalty Notices (FPNs) and their fine levels - failure to comply with Community Protection Notice and non-compliance of a Public Space Protection Order both at £100 discounted to £60 if paid within 10 days - be approved;

(4)               the proposal to publicly consult on whether any areas in the borough were defaced by discarded printed matter be agreed so that consideration could be given to designating the area(s) as detailed in the report;

(5)               authority be delegated to the Corporate Director of Environment and Enterprise, following consultation with the Portfolio Holder for Environment, Crime and Community Safety, to make amendments to the current policy only when there had been changes of government guidance or new legislation.

Reason for Decision:  Following the decision made by Cabinet on 18 September 2014 to introduce Fixed Penalty Notices (FPNs) in Harrow, the detailed policy and operational guidance for staff had been updated.  They supported Members decision to roll-out FPNs for environmental crime offences. FPNs provided an alternative to prosecution in matters of low level environmental crime offences.  They also supported the Council’s vision of “Working together to make a difference for Harrow”.

In addition, new legislation superseded some of the fixed penalty notices that were approved in September 2014 and could not be used until approved. These are set out in the report.

Designated land must be identified, approved by the authority and advertised before the Council could use Fixed Penalty Notices for unauthorised distribution of leaflets.  Public consultation was required prior to designating the land and the report sought authority to consult.

Alternative Options Considered and Rejected:  As set out in the report.

Conflict of Interest relating to the matter declared by Cabinet Member / Dispensation Granted: None.