FIXED PENALTIES – Making enforcement a key part of your local campaign

John Rea

Waste Policy and Regulation

Defra

Clean Neighbourhoods and Environment Act

• Councils can authorise people who are not its officers to issue fixed penalty notices

• Power to Request Names and Address• FPN form will be available to use / amend• Clarification of gum as litter• Levels can be locally set - £50 - £80. Default £75• Discount can be offered for early payment. • FPNs are just one element of local environmental

enforcement. • Don’t forget others, e.g. education, campaigns and

improvements to streetscene services

Enforcement – Good Practice

Enforcement should always be informed by a policy that is fully endorsed and supported by Legal services.

FPNs should only be issued where there is adequate evidence to support prosecution

Non payment should be pursued in the courtsPromote enforcement through links with local

mediaEnsure public are aware of new powers and fine

levelsRegular Liaison with Youth Offending Teams

Enforcement Strategy

• Review current Enforcement Strategy• Ensure public are aware of the laws and fine levels• Get public support prior to enforcement crackdown• You may want to employ additional enforcement

staff for the campaign

Guidance and training• Fixed Penalty Notice Guidance • Separate Guidance for issuing FPNs to juveniles• Training Courses are available from Keep Britain

Tidy

Enforcement Strategy - II

• Difficult to issue FPNs for gum so make sure any cases are publicised through media

• Ensure support of Legal Services in prosecuting against non-payment

• Link enforcement to the campaign and present a disposal alternative to littering

Evaluation

• Ensure all FPNs and prosecutions are recorded• Report back to CGAG the following information -

- Number of FPNs issued

- Number of prosecutions

- Payment rates for FPNs

- Enforcement coverage in the media

Further information

www.legislation.hmso.gov.uk/acts/acts2005/20050016.htm

www.defra.gov.uk/environment/localenv/index.htm

E-mail local.environment@defra.gsi.gov.uk