Agenda item - Enforcement contract update

Report of the Executive Director for Economy, Environment & Culture (copy attached).

That the Environment, Transport & Sustainability Committee

1)            Notes the progress made with regard the enforcement of fly-tipping, waste & litter offences.

2)            Agrees with the approach outlined below with regard the enforcement of waste and littering offences.

3)            Agrees with and delegates authority to the Executive Director of Economy, Environment & Culture to trial the introduction of CCTV cameras and the operational activities associated with this type of enforcement activity, to be funded through the proceeds of Fixed Penalty Notices.

4)            Grants delegated authority to the Executive Director of Economy, Environment & Culture to develop a pro-active education and communications plan around the use of Fixed Penalty Notices and CCTV, funded through the proceeds of the Fixed Penalty Notices. 

5)            Grants delegated authority to the Executive Director of Economy, Environment & Culture to arrange a Member Seminar to enable officers and 3GS provide detailed briefings on procedures, policies and legislation around the use of FPN’s.

37.1      The Committee considered a report of the Executive Director, Economy, Environment & Culture that provided and update on the procurement and implementation of the council’s waste and litter enforcement service.

37.2      The Assistant Director, City Environment Management added a further update detailing information and data for the period subsequent to that included in the committee report. In the past eight weeks, 27 Fixed Penalty Notices (FPN’s) had been issued for fly-tipping compared to 8 in the first eight weeks of operation, 65 FPN’s issued in relation to commercial waste in the past eight weeks compared to 36 issued in the first eight weeks of operation. This increase was a demonstration of the council’s work with the provider in relation to the concerns of residents and also the result of the natural settling in period of any new service.

37.3      Councillor Janio stated that whilst he was supportive of the successes of the enforcement service, it did appear from the statistics that action taken against cigarette butt littering was disproportionate than against other forms of unauthorised waste activity, particularly fly-tipping. Councillor Janio stated that he did not think that the contract was in accordance with the council’s priorities for the service or that it would begin behavioural change and enforcement appeared overly weighted towards the city centre.

37.4      Councillor Mitchell stated that in contrast, residents in East Brighton had welcomed enforcement on cigarette butt littering that had been a severe issue outside the hospital for a number of years.

37.5      The Assistant Director, City Environment Management answered that the service was a very new one for the council and that a period of bedding in was a reasonable expectation. In comparison to the first eight weeks of operation, the past eight weeks had seen FPN’s issued for fly-tipping exceed those issued for cigarette butt littering although the latter was a serious issue in the city. In addition, recruitment and training had taken time and more staff had been taken on by the provider that would allow more opportunity to move around the city.

37.6      Councillor Wares stated that it would be helpful for ward councillors to receive information on the geographical spread of enforcement. Councillor Wares asked what action was taken on unpaid fines and enquired as to the usefulness of proposed CCTV measures if these were in fixed locations as protagonists were likely to simply move to a different, unmonitored location. Furthermore, Councillor Wares asked what the criteria was for specifying ‘hot spot’ areas and enquired whether the waiving of FPN’s where the offender has no permanent UK address precluded enforcement of offences committed by tourists and traveller encampments.

37.7      The Assistant Director, City Environment Management clarified that the recommendations detailed that a Members Seminar would be held where detailed information could be provided. In relation to unpaid fines, there would be an element that would be pursued through the regular legal route by 3GS. Any enforcement undertaken by use of CCTV would be mobile and the Members Seminar would provide opportunity to hear from ward councillors of any specific locations that should be identified. In relation to the question raised on offenders not having a permanent UK address, the Assistant Director, City Environment Management clarified that this was a matter of legislative condition of issuing FPN’s. 

37.8      Councillor Deane stated that whilst the re-assurance provided for activity over the past eight weeks was helpful, expectations for the service were higher than had yet been met. Councillor Deane stated that there did not appear sufficient focus on the issue of dog fouling which was not only a problem in some areas of the city but also presented a health risk.

37.9      The Assistant Director, City Environment Management stated that there had been a lot of work with 3GS and the council in terms of priorities for the service and whilst the current primary focus was litter and fly-tipping as it was deemed high priority, this would eventually envelope other initiatives and dog fouling would certainly be one of those.

37.10   Councillor Atkinson noted that there had 2,219% increase in performance and whilst the balance of the contract was not yet right, there was a positive outcome of the new service.

37.11   Councillor Greenbaum stated that whilst she had been re-assured by the update on recent enforcement activity, it was important for the council to keep pushing 3GS to ensure that the service it delivered matched the council’s ambitions and priorities.

37.12   RESOLVED- That the Environment, Transport & Sustainability Committee

1)            Notes the progress made with regard the enforcement of fly-tipping, waste & litter offences.

2)            Agrees with the approach outlined below with regard the enforcement of waste and littering offences.

3)            Agrees with and delegates authority to the Executive Director of Economy, Environment & Culture to trial the introduction of CCTV cameras and the operational activities associated with this type of enforcement activity, to be funded through the proceeds of Fixed Penalty Notices.

4)            Grants delegated authority to the Executive Director of Economy, Environment & Culture to develop a pro-active education and communications plan around the use of Fixed Penalty Notices and CCTV, funded through the proceeds of the Fixed Penalty Notices. 

5)            Grants delegated authority to the Executive Director of Economy, Environment & Culture to arrange a Member Seminar to enable officers and 3GS provide detailed briefings on procedures, policies and legislation around the use of FPN’s.