The Council's Enforcement Policy sets out how we deal with enforcing the laws that we have a duty to enforce as a Local Authority.
This appendix to the Council's overarching enforcement policy. It sets out the Council's approach to taking enforcement action against:
These can cause serious pollution of the environment, be a risk to human health, and spoil of local neighbourhoods. Taking such enforcement action helps maintain a clean and safe environment for the benefit of the residents of the area and for visitors.
Fly-tipping, fly-posting, littering and graffiti are either offences or involve a civil sanction. The Council has a discretion to deal with such offences by giving the offender the opportunity to pay a fixed penalty rather than being prosecuted in the Courts. The amount of the fixed penalty depends on the nature of the offence that has been committed:
| Nature of the offence | Standard FPN Fee payable within 21 days | Reduced FPN Fee if paid within 14 days) |
|---|---|---|
| Fly tipping | £500 | £250 |
| Fly Posting | £150 | £100 |
| Littering | £150 | £100 |
| Graffiti | £150 | £100 |
In more serious or repeat cases, or if the offender does not pay the fixed penalty, the Council is likely to prosecute the offender having regard to any statutory guidance and to the overarching enforcement policy.
In assessing the severity of fly-tipping offences the Council will have regard to the following table to give a severity score. A fly tip that scores 4 or below on the severity scale will be appropriate for a fixed penalty notice. A severity score of 5 or above will result in a prosecution without the opportunity being given to the offender to pay a fixed penalty notice.
| Fly Tip Size/Constitution | Severity Score |
|---|---|
| Single black bag | 1 |
| Other single item | 1 |
| Car boot load | 2 |
| Small van load | 3 |
| Transit van load | 4 |
| Tipper load | 5 |
| Significant multiple loads | 6 |
| Hazardous waste | +4 |
Any fly-tipping involving hazardous waste will automatically result in a prosecution file being prepared for the Head of Legal Services to consider even if what has been tipped is a single item or black bag.
