Decision Maker: Cabinet Member for Highways, Street Scene, and Flooding
Decision status: Recommendations Approved (subject to call-in)
Is Key decision?: No
Is subject to call in?: Yes
The purpose of this report is to update the Cabinet Member for Highways, Streetscene and Flooding on the changes resulting from a Statutory Instrument issued by the Government to increase the Fixed Penalty Notices (FPN) amount for fly posting and graffiti. This will enable the Cabinet Member to set the amount per FPN to contribute to effective enforcement activity in accordance with the Council’s Business Plan.
To note the new Fixed Penalty amounts (Table 2 of the report) and approve the maximum new fixed penalty notice amounts to be applied (Option 1 – Options Table below).
I approve the implementation of the proposal set out in the attached report. This decision was published on 28 October 2024 and will come into effect on 5 November 2024.
To agree and set the maximum fixed penalty amounts available for fly posting and graffiti which have been amended in statute by the Government.
Option |
Proposal |
Pros |
Cons |
1* |
Increase FPN’s fines to maximum level |
Sends a strong message and discourages potential offenders.
Increased income from FPN’s is re-invested into environmental enforcement service and clear-up of waste.
Cases can be resolved quickly without the expense of going to court.
The higher FPN amount is in-line with what other councils across the country are setting their FPN levels at i.e. maximum level.
Higher level of FPN will deter flyposting and should lead to lower numbers of fly posting reports and reduce expense of removing flyposting |
Offenders may not be prepared to pay the fine, or they will be unable to afford the fine.
This may increase the number of cases being referred to Court for prosecution and an increase in legal time.
|
2* |
Keep FPN fines at current level |
More FPN’s would be paid at a lower amount, because its more affordable. |
The levels of inflation have eroded the financial impact of the FPN’s, which were set in 2003.
Not in line with council intent of zero tolerance for environmental crime.
Not considered as an effective deterrent in the current climate.
Will encourage fly posting in Wiltshire if our level of FPN is below that of other authorities. |
3* |
Increase FPN fines, but not to maximum level. |
More FPN’s would be paid at a lower amount, because it may more affordable. |
Applying a penalty rate at a lower threshold than other authorities could be perceived by those engaging in waste crime that Wiltshire presents a lower financial risk for undertaking illicit activities. |
Other reasons / organisations consulted
None – These are legislative changes under the Environmental Offences (Fixed Penalties) (Amendment) (England) Regulations 2023, Section 33ZA(9)(a) of the Environmental Protection Act 1990.
Contact: Peter White, Enforcement Manager Email: peter.white@wiltshire.gov.uk 01380 826333 Email: peter.white@wiltshire.gov.uk Tel: 01380 826333.
Publication date: 16/10/2024
Date of decision: 28/10/2024
Date comes into force if not called in: 05/11/2024
Call-in deadline date: 04/11/2024
Accompanying Documents: