Agenda item

Buckinghamshire Council as a unitary authority required a litter enforcement policy in order to undertake Litter Enforcement activities. The legacy Waste Collection Authorities (legacy District Councils) had the legal duties and responsibilities to deal with littering under the Environmental Protection Act 1990. It was for the relevant legacy authorities to consider priorities, investment, disinvestment in service areas including enforcement against Littering. The legacy Buckinghamshire County Council as Waste Disposal Authority had been funded by the legacy District Councils to undertake investigations into Fly-Tipping but didn’t have the resources and/or duty to tackle Littering.

As a unitary, Buckinghamshire Council had both waste collection and waste disposal tools available including the legal duties, responsibilities and powers. It was therefore proposed that the Council utilise these available tools and make arrangements to undertake and enforce littering. The Council could utilise a low-level enforcement response and make use of Fixed Penalty Notices (FPNs) for littering.  In the first year of the implementation of the Litter Enforcement policy it would focus on discovery, communication campaigns, education and some Enforcement activity.

Members were fully supportive of the enforcement policy and the proposed litter enforcement activities.  It was explained that the ‘Silver Package’ level of resources was a starting point, funded by £70,000 within the Council’s agreed budget, and the effectiveness of the activities would be monitored to inform future funding / resourcing provision.  

RESOLVED –

(1)          That the draft Enforcement Policy against Littering (Appendix A to the Cabinet report) be approved.

(2)          That the utilisation of powers to serve Fixed Penalty Notices (FPN’s) in response to littering offices be approved.

(3)          That a maximum fine of £150.00 be adopted and approved, and that it should not be discounted for early payment. 

(4)          That the level of resources to initially be deployed be approved as the ‘Silver Package’, as described in Buckinghamshire Council Littering Proposal Tiers at Appendix B to the Cabinet report.

Buckinghamshire Council as a unitary authority required a litter enforcement policy in order to undertake Litter Enforcement activities. The legacy Waste Collection Authorities (legacy District Councils) had the legal duties and responsibilities to deal with littering under the Environmental Protection Act 1990. It was for the relevant legacy authorities to consider priorities, investment, disinvestment in service areas including enforcement against Littering. The legacy Buckinghamshire County Council as Waste Disposal Authority had been funded by the legacy District Councils to undertake investigations into Fly-Tipping but didn’t have the resources and/or duty to tackle littering.

The report was introduced by the Cabinet Member for Climate Change and Environment who explained that currently there were no adopted littering powers in Buckinghamshire.  Littering tended to be a crime which self-perpetuated – often the more people saw it the more they were willing to contribute to the problem. Conversely, the more reduce litter and littering was reduced, the less likely it was that people would do it. Furthermore, littering and fly-tipping were contiguous and tended to link with each other.

As a unitary, Buckinghamshire Council had both waste collection and waste disposal tools available including the legal duties, responsibilities and powers. It was therefore proposed that the Council utilise these available tools and agree arrangements to undertake and enforce littering. The Council could utilise a low-level enforcement response and make use of Fixed Penalty Notices (FPNs) for littering.  In the first year of the implementation of the Litter Enforcement policy it would focus on discovery, communication campaigns, education and some Enforcement activity.

Members discussed the report and commented:

·                In terms of the process for a Fixed Penalty Notice this would be similar to flytipping and they were looking at enforcement options such as CCTV, dashcams and possibly the use of enforcement officers. With this option it would have to be the owner of the vehicle who would be criminally responsible. It would be too expensive for the Council to go down the civil route. Warnings would be issued first.

·                The cost of £70,000 was proportionate which would pay for one officer and a communication plan. It was also important to use education to change behaviour. This could be reviewed later to see if more resources could be utilised.

·                It was also important to combine this with litter picking campaigns, particularly with schools and communities as this encouraged good behaviour. Officers were also looking at the verges of A roads which were particularly bad. A Cabinet Member emphasised the importance of road safety and traffic management when litter picking in rural areas or by fast roads.

·                Littering was anti-social behaviour and there should be no discount for an early fine. Under 17s would be given a formal warning and parents would be engaged to change their behaviour.

RESOLVED –

(1)          That the draft Enforcement Policy against Littering (Appendix A to the Cabinet report) be approved.

(2)          That the utilisation of powers to serve Fixed Penalty Notices (FPN’s) in response to littering offices be approved.

(3)          That a maximum fine of £150.00 be adopted and approved, and that it should not be discounted for early payment. 

(4)          That the level of resources to initially be deployed be approved as the ‘Silver Package’, as described in Buckinghamshire Council Littering Proposal Tiers at Appendix B to the Cabinet report.