Welcome to the
Network Legal event
- ‘To enforce of not to
enforce’
Jennifer Watts
Network Legal Expert
Setting the scene on
enforcement.
INTRODUCTIONS
GETTING TO KNOW YOU
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Name
Local Authority
Role
Enforcement Policy??
Scenario??
Challenge!
Principles of Enforcement
• Enforcement Concordat
• Introduced in 1998: aim to promote good enforcement that
brings benefits to business, enforcers and consumers
• Standards: setting clear standards
• Openness: clear and open provision of information
• Helpfulness: helping business by advising on and assisting
with compliance
• Complaints: having a clear complaints procedure
• Proportionality: ensuring that enforcement action is
proportionate to the risks involved
• Consistency: ensuring consistent enforcement practice
Enforcement Concordat
‘Ultimately the concordat contributes to the
economic vitality of our local communities.
With compliance made easier, and with
enforcers able to focus their resources on
businesses who break the law allowing law-abiding
businesses to compete on a
level playing field’
Enforcement Concordat: Good Practice Guide for England and Wales
http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/files/file10150.pdf
Principles of Enforcement
• The Philip Hampton Review: commissioned by Chancellor in
the 2004 Budget, was influential in promoting enforcement
approaches, which include;
• Increased use of risk assessment to precede and inform all
regulatory enforcement work
• Increased use of support and advice to help businesses to
understand and meet regulatory requirements more easily, and
• Adopting proportionate, targeted and flexible approaches to
applying the law and securing compliance.
Regulatory Enforcement and Sanctions Act 2008
• Based around firm and fair regulation
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(1)In exercising its functions local authorities in England and Wales
effectively enforce,
(b)in a way which does not give rise to unnecessary burdens, and
(c)in a way which conforms with the principles in subsection (2).
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(2)Those principles are that—
(a)regulatory activities should be carried out in a way which is
transparent, accountable, proportionate and consistent;
(b)regulatory activities should be targeted only at cases in which
action is needed
Fixed Penalty Notices
The Local Approach – is it broad enough?
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Effective Campaigning?
Education – encourage behaviour change?
Decent Services?
FPN?
Golden Rules for Issuing FPN’s
• Rule 1: Assume every offence for which a FPN is
issued will end in Magistrate’s Court
• Rule 2: Where there is insufficient evidence a FPN
should not be issued
• NB# Is it likely to be pursued by your LA?????
Golden Rules for Prosecution
• Evidence is of key importance when it comes to
enforcement. Proceedings should NOT be
commenced unless the enforcement officer believes
that there is a realistic prospect of success if the
matter were to be defended at trial.
• It is essential that there is the mind-set and approach
that assumes that every prosecution will be
rigorously defended.
Code for Crown Prosecutors
• Casework decisions: taken fairly, impartially and with integrity
help to secure justice for victims, witnesses, defendants and the
public.
• Prosecutors must be fair, independent and objective.
• Must not let any personal views about the ethnic or national
origin, gender, disability, age, religion or belief, political views,
sexual orientation, or gender identity of the suspect, victim or
any witness influence your decisions.
• Neither must prosecutors be affected by improper or undue
pressure from any source.
• Prosecutors must always act in the interests of justice and not
solely for the purpose of obtaining a conviction.
Code for Crown Prosecutors
The Full Code Test: two stages;
1) The Evidential Stage: satisfied there is “sufficient evidence”
to provide a “realistic prospect of conviction”. A case which
does not pass the evidential stage must not proceed, no matter
how serious or sensitive it may
2) The Public Interest Stage – In every case where there is
sufficient evidence to justify a prosecution, prosecutors must go
on to consider whether a prosecution is required in the public
interest. Consider seriousness, level of culpability, harm
caused to victim, age of suspect, community impact, is
prosecution a proportionate response
Code for Crown Prosecutors
• Out-of-Court Disposals: may take the place of a prosecution if
it is an appropriate response
• Appropriate evidential standard for the specific out-of-court
disposal is met including: a clear admission of guilt and that the
public interest would be properly served by such a disposal
• Examples: simple or conditional caution, any appropriate
regulatory proceedings, a punitive or civil penalty
http://www.cps.gov.uk/publications/docs/code2013english_v2.pdf
Keep Britain Tidy Enforcement Academy
Launch a new training concept;
• Promote best practice in enforcement
• Accredited learning programme
• Join a bank of Enforcement Academy graduates
available for hire by land managers
• Three Stage Approach - Education, Engagement
Enforcement
• Traditional classroom sessions, practical training and
assessment
Keep Britain Tidy Enforcement Academy
Benefits;
• Enforcement Officers gain an accredited qualification
• Common standard/process to tackle enforcement
issues
• Income generation (hire out qualified officers to other
organisations)
• Low risk recruitment process for organisations that do
not currently employ enforcement officers (i.e. short
term projects - no annual salaries etc.)
• QUESTIONNAIRE / ROUND TABLE DISCUSSION!
Network Event
Enjoy!
Wakefield Council – Enforcement
by
Craig Heppinstall
Team Manager
Anti-Social Behaviour Unit
SUPER LEEDS UNITED!
Leeds United's Jermaine Beckford celebrates scoring the winner
against Manchester United to put the champions out of the FA Cup
Overview
• Overview of service
• Anti-social behaviour (area working, The Hub and ASBAT
– Anti-Social Behaviour Analytical Tool)
• Environmental enforcement
• Future development
• Questions
Anti-Social Behaviour Unit - 2012
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4 ASB Case Officers
3 Environmental Crime Officers
2 Dog Wardens
10 Environment Officers
Gypsy Traveller Liaison Officer
Education Officer
Highways Enforcement Officer
Anti-Social Behaviour Unit - 2013
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6 ASB Case Officers
2 Dog Wardens
10 Environment Officers
Gypsy Traveller Liaison Officer
Anti-Social Behaviour – A new way of
working
Anti-Social Behaviour – A new way of
working
• Staff aligned to follow 7 neighbourhood policing areas
• ASB Case Officers – Investigating anti-social behaviour,
environmental crime and highway enforcement issues
• Other internal and external partners align services (Street
Scene, Environmental Health, Environment Officers,
Wakefield and District Housing – 31,000 properties)
Pilkington Family
• Continually harassed by local
youths
• 33 Calls to local agencies over 7
year period
• Mother and daughter committed
suicide
• Inquest held and highlighted gaps
(information sharing) between
agencies
Need for agencies to identify
repeat/vulnerable victims at an
early stage
The Hub - 2012
Report of ASB received (assessed using single
form regardless of receiving agency)
Score awarded (depending on answers) and
graded – red, amber and green
Reports (past and present) researched for
additional information and reporter contacted.
Case allocated to Neighbourhood Policing Team (Police
Officer, Sergeant or Inspector) for further investigation
Tasking Process
Daily Tasking – By police/council staff internally
Three weekly tasking – Action driven due to reports
Six weekly tasking – Strategic meeting to resolve issues
long term
6 Month Review
• 3 times more vulnerable/repeat victims identified through
additional research and call backs
• 24% decrease in ASB calls across the district
Current Stats
Environmental Enforcement
• Previously known as Neighbourhood Patrollers
• Team of 26 responding to reports of anti-social behaviour
across the district
• Gathering evidence for ASB Case Officers
• Accredited by West Yorkshire Police
Environmental Enforcement
2010:
• Response to calls of ASB passed to West Yorkshire
Police (Police Community Support Officers)
• Neighbourhood Patrollers rebranded to Environment
Officers, focussing on environmental issues and
enforcement
Environmental Enforcement
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Search fly-tipping for evidence district wide
Commercial waste issues
Domestic waste issues
Abandoned vehicles
Litter and refuse on private property
A-boards
Fly-posting
FPN’s
Collect lost, stray and abandoned dogs on a weekend
Street Litter Control Notices
Distribution of free literature
Requests for Service
• 2012/13 – 5,933 requests for service
• 494 reports per month
• Ranging from dog collects to serious allegations of
environmental crime/anti-social behaviour
• 18 operational staff
Case Study:
South Hiendley Common
South Hiendley Common
Pro’s:
• Area of natural beauty
• Home to diverse range of wildlife
• Utilised by residents on a daily basis for exercise and
leisure activities
Cons:
• Fly-tipping hot spot
• Off road vehicle nuisance
• General anti-social behaviour
Partners Involved
• Anti Social Behaviour Unit
• Street Scene
• West Yorkshire Police
• Planning Enforcement
• Local elected members
• Neighbourhood Co-ordinator
• Community
Action
• Increased patrols by relevant agencies to deter acts
of crime and anti-social behaviour
• Awareness raising through local media, Facebook
and Twitter
• Bunding/gates to restrict access
• Advertising successful prosecutions
Results – South Hiendley
• 2 successful prosecutions
• 4 prosecution cases pending
• £1,870 in fines and costs
Fly tipping fight gains success at common - Local Hemsworth and South Elmsall Express
Projects
Fixed Penalty Notices (April 12 – March 13)
Littering - 586
Dog fouling - 38
Fly-posting - 138
Commercial waste - 17
Domestic waste - 2
Litter clearing - 132
Failure to produce waste carriers licence - 12
Failure to produce waste transfer notes - 9
Future Developments
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Dog Control Orders
Bus lane enforcement
Parking de-criminalisation
Blue badge enforcement
Expansion of 3G CCTV system
Develop business opportunities with private sector
New ASB legislation
Questions?
Enviro-crime
“To enforce or not to enforce?”
Mark Benton DMBC Envirocrime Officer
Why do we have to deal with envirocrime?
• The Clean Neighbourhoods and Environment Act 2005 amended s.6
of the Crime and Disorder Act 1998 to make Crime and Disorder
Reduction Partnerships (Safer Doncaster Partnership) responsible
for:
“….crime and disorder (including anti-social and other behaviour
adversely affecting the local environment)”
Our Priorities
• A cleaner and better environment
• A strong focus on undertaking timely, appropriate and joined-up
enforcement action
What is the impact of environmental
crime?
• Gives residents the impression that their neighbourhood is uncared
for and increases the associated fear of crime
• Discourages inward investment – potential investors are given a poor
first impression of Doncaster
• It is damaging to health. Fly-tipping and litter attract vermin and can
have a negative impact on residents living nearby, dog fouling carries
infectious diseases (toxocariasis).
• Links to even more serious crimes e.g. abandoned vehicles, bins left
on the highway and fly-tipping can all create targets for arson.
What sanctions are available to us?
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Fixed Penalty Notices (FPNs) – Youth Reparation Scheme
Simple Cautions
Prosecutions
Works in default
Powers of entry and removal in certain cases
Legal notices to produce documents
Legal notices to abate certain issues
……..the civil route (injunctions, ASBOs etc.)
Evidence Gathering/Processing?
• 180 Officers trained to gather evidence
• Officers use Proforma Booklet “Doncaster’s Bluebook”
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Gives officers confidence
Helps them record details needed for each offence
No problems with courts or our legal department
Makes processing easier
• Dedicated team (vast majority of enforcement)
• Dedicated - process officer and computer system
• Expectation that Enforcement Officers will do Enforcement!
Youth Reparation Scheme? 1800 - young
People 2011-13
• How the scheme works?
• If any young person commits a minor environmental crime the Children’s Safeguarding
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Team are contacted to ensure that there are no known child protection issues
regarding the child in question.
If they are a young person aged 10 or 11, a letter is sent to the parent/carer with
information about the offence and they are asked to speak to their child about this.
If they are a young person aged between 12 and 17 years of age, they are issued with
a Fixed Penalty Notice (FPN) for £80 (dog fouling £50). This fine is sent to the offender
by post (with a copy going to their parent/carer along with a parental consent form).
Failure to pay this FPN within 14 days will result in a prosecution case being passed to
the Magistrates’ Court. However, the FPN will be ‘put on hold’ if the offender agrees to
take part in a 3 hour litter pick under the supervision of Doncaster Council staff.
If the offender attends the litter picking session then the FPN will be cancelled and the
matter will be closed.
If the offender does not attend, but a satisfactory explanation for their non-attendance
is received in writing within 14 days then they will be given one last chance to attend a
litter picking session.
If the offender does not attend a session and no explanation for this absence is
received then a case will be prepared for prosecution.
Litter - Yes
The offence:
• Throwing down, dropping or otherwise depositing litter on anywhere
‘open to the air’ and leaving it
• Includes private land where there is no permission from the
landowner to drop the litter
Sanctions available:
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Fixed Penalty Notice (£75)
Simple Caution
Prosecution (maximum fine of up to £2500)
Youth Litter initiative (12 to 17 years of age)
Litter Free Distribution of Literature
EPA 1990 schedule 3A - Yes
• The Offence
• It is an offence to distribute free printed matter or cause the
distribution of free printed matter in any designated street or place
without a consent from the Council to do so.
• Exemptions
• By or on behalf of a charity where the printed matter relates to or is
intended for the benefit of the charity are exempt.
For political purposes, a religion or belief are also exempt.
Sanctions Available
• FPN issued (£75)
• Simple Caution
• Prosecution £2500
Litter Clearing Notice EPA S92AYes
The Offence
• LA satisfied that land defaced by litter and refuse on land in
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the open to the air, detrimental to the amenity of the locality.
Can serve notice to clear land and if the Principal litter
authority is satisfied that the land is likely to become defaced
by litter or refuse again, to take reasonable steps to prevent it
from becoming so defaced.
Serve on the occupier of the land to which it relates or if the
land is not occupied, the owner
May specify a period within which the requirement must be
complied with and standards of compliance.
Sanctions Available
• FPN issued (£100)
• Simple Caution
• Prosecution £2500 and/or works in default
Street Litter Control Notice EPA S94
- No
The Offence
• LA satisfied that the frontage of a street/land is defaced by
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litter and refuse there is recurrent defacement. by litter or
refuse and defacement is likely to continue.
Can serve notice on businesses that abut the street that may
be responsible fro the litter. Make them responsible for
removing litter or taking other measures within 100 meters of
there premise.
Sanctions Available
• FPN issued (£100)
• Simple Caution
• Prosecution £2500 and/or works in default
Interference With Waste Sites And
Receptacles EPA S60 - Yes
The offence:
• To sort or disturb anything deposited at a place for the deposit of
waste provided by a waste collection authority, by [f1or under
arrangements made with a waste disposal authority or by any other
local authority or person] ;
Sanctions Available
• Simple Caution
• Prosecution £10000
Fly-tipping/Waste offences - Yes
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S.33 Environmental Protection Act – Fly-tipping
S.34 Environmental Protection Act – Duty of Care
S.34 (2A) Environmental Protection Act – Household Duty of Care
S.46 Environmental Protection Act – Storage of Household Waste
S.47 Environmental Protection Act – Storage of Commercial Waste
S.1 Control of Pollution (Amendment) Act – Waste Carriers Licence
S.5 Control of Pollution (Amendment) Act – WCL duty to produce
Fly-tipping (S.33 EPA)
The offence:
• Depositing waste, or knowingly causing or permitting waste to be
deposited in or on any land where an environmental permit is not in
force (only exemption is a householder depositing waste on their own
premise).
• Treating, keeping or disposing of controlled waste, or knowingly
permitting waste to be treated, kept or disposed of in or on any land
where an environmental permit is not in force.
• S33(5) if a vehicle is used to commit a S33(1) offence then can make
the person responsible for controlling the use of the vehicle, shall be
guilt of an offence.
Sanctions available:
• Simple Caution
• Left Litter PFN small amounts of waste
• Prosecution (unlimited fine and/or imprisonment)
Investigative Powers
• Door knock – ask, look
• Interview
• C Tax
• Section 16 LGMPA
• Environment Act Section 108
• EPA Section 71 - who was driving
• MIB checks
• Letter under caution – out of area fly tipping
• PACE Code B
Environment Act (Section 108)
• In exercising or performing one or more of the
pollution control functions and on production of
authority/warrant, powers to:
• Enter Land, by force (if needed) take samples,
remove evidence, remove waste.
• Damage, destroy
• Request information – “such questions as the
authorised person thinks fit to ask and to sign a
declaration of the truth of his answers”
• Need warrants for EO’s
EPA Section 71
• May, by notice in writing served on him, require
any person to furnish such information specified
in the notice.
• Used for (Fly tipping) Section 59 and section 33.
• Normally used for ascertaining the driver of a
vehicle.
Duty of Care (S.34 EPA)
The offence:
• It is the duty of any person who imports, produces, carries, keeps, treats or
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disposes of controlled waste or, as a broker, has control of such waste, to
take all such measures applicable to him in that capacity as are reasonable
in the circumstances—
(a) to prevent any contravention by any other person of section 33 (EPA);
(b) to prevent the escape of the waste from his control;
(c) on the transfer of the waste, to secure—
(i) that the transfer is only to an authorised person or to a person for
authorised transport purposes; and
(ii) that there is transferred such a written description of the waste as
will enable other persons to avoid a contravention of that section
Sanctions available:
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Power to serve a producer requiring production of documentation
FPN for failing to produce (£300)
Simple Caution
Prosecution (maximum fine of £5000)
Householder Duty of Care (S.34 (2A)
EPA)
The offence:
• It is the duty of the occupier of any domestic property in England to
take all such measures available to him as are reasonable in the
circumstances to secure that any transfer by him of household waste
produced on the property is only to an authorised person or to a
person for authorised transport purposes.
Sanctions available:
• Simple Caution
• Prosecution (maximum fine of £5000)
Storage and presentation of Household
Waste (S.46 EPA) – Yes - Carefully
Legal Notice
• The Local Authority can serve a legal notice on the occupier of a
domestic premise with respect to:
• a) the size, construction and maintenance of the receptacles;
• (b) the placing of the receptacles for the purpose of facilitating the emptying
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of them, and access to the receptacles for that purpose;
(c) the placing of the receptacles for that purpose on highways;
(d) the substances or articles which may or may not be put into the
receptacles or compartments of receptacles of any description and the
precautions to be taken where particular substances or articles are put into
them; and
(e) the steps to be taken by occupiers of premises to facilitate the collection
of waste from the receptacles.
Storage and presentation of Household
Waste (S.46 EPA)
The offence:
• A person who fails, without reasonable excuse, to comply with any
requirements (made in the S.46 notice) shall be liable on summary
conviction to a fine not exceeding level 3 on the standard scale
(£1000).
Sanctions available:
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Power to serve S.46 notice 2000 notices
Simple Caution
FPN for failing to comply with notice (£100) 10
Prosecution (maximum fine of £1000) 2
Storage of Commercial Waste (S.47 EPA)
Yes link with S92
Legal Notice
• The Local Authority can serve a legal notice on the occupier of a
commercial premise requiring them to provide waste receptacles of a
kind, number and placing specified.
Storage of Commercial Waste (S.47 EPA)
The offence:
• A person who fails, without reasonable excuse, to comply with any
requirements (made in the S.47 notice) shall be liable on summary
conviction to a fine not exceeding level 3 on the standard scale
(£1000).
Sanctions available:
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Power to serve S.47 notice
Simple Caution
FPN for failing to comply with notice (£100)
Prosecution (maximum fine of £1000)
Waste Carriers Licence (S.1 COPAA) Yes
The offence:
• It shall be an offence for any person who is not a registered carrier of
controlled waste, in the course of any business of his or otherwise
with a view to profit, to transport any controlled waste to or from any
place in Great Britain
Sanctions available:
• Simple Caution
• Prosecution (maximum fine of £5000)
Failure to produce Waste Carriers
Licence (S.5 COPAA) - Yes
Legal power:
• If it reasonably appears to any duly authorised officer of a disposal authority
(DMBC) or to a constable that any controlled waste is being or has been
transported in contravention of section 1(1) above, he may—
• (a) stop any person appearing to him to be or to have been engaged in
transporting that waste and require that person to produce his authority or,
as the case may be, his employer’s authority for transporting that waste; and
• (b) search any vehicle that appears to him to be a vehicle which is being or
has been used for transporting that waste, carry out tests on anything found
in any such vehicle and take away for testing samples of anything so found.
Failure to produce Waste Carriers
Licence (S.5 COPAA) - Yes
The offence:
• A person shall be guilty of an offence under this section if he—
• (a) intentionally obstructs any authorised officer of a disposal
authority or constable in the exercise of the power conferred by
subsection (1) above (power to stop and search vehicles); or
• (b) ……fails without reasonable excuse to comply with a requirement
imposed in exercise of that power (e.g. fails to produce the waste
carriers licence within the prescribed time period);
Sanctions available:
• Power to serve producer
• Simple Caution
• FPN for failing to produce Waste Carriers Licence (£300)
• Prosecution (maximum fine of £5000)
Abandoned and Nuisance Vehicles
• Removal of Abandoned Vehicles - Yes
• Removal of Untaxed Vehicles - Yes
• Abandonment of a Vehicle – S.2 Refuse Disposal
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(Amenity) Act - Yes
Vehicles for Sale on the Highway – S.3 Clean
Neighbourhoods and Environment Act – Yes – Threat
Mainly
Vehicles being offered for the sale at the side of ‘A’ roads
– S.147A Highways Act – Yes Threat mainly
Vehicles being Repaired on the Highway – S.4 Clean
Neighbourhoods and Environment Act – No (threaten)
Removal of Abandoned Vehicles
• DMBC has the authority to remove any vehicle that is
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deemed to be abandoned by an authorised officer.
This incorporates all land ‘open to the air’ (open on at
least one side) including watercourses.
Where a vehicle has been abandoned on private land,
the authority must serve a ’15 day notice’ on the
occupier/owner of the land before removing the vehicle.
Vehicles deemed to be of ‘no significant value’ are
disposed of immediately (guide value of £1000)
Vehicles of ‘significant value’ are stored for 7 days and a
notice of intention to destroy the vehicle is served on the
registered keeper of the vehicle
Removal of Untaxed Vehicles
• DMBC has devolved powers from DVLA to remove
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untaxed vehicles from public highways and some private
land
Vehicle tax must have expired over 2 months previously
(from Nov 2011)
Where vehicles are untaxed but vehicle tax only expired
between 14 and 28 days previously, DMBC officers issue
a CLE2/6 form to the DVLA for enforcement action
(usually a £80 FPN)
Where the vehicle tax expired under 14 days previously
no action is taken (this is classed as the grace period)
Abandonment of a Vehicle – S.2 RD(A)A
The offence:
• Abandoning on any land in the open air, or on any other land forming
part of a highway, a motor vehicle or anything which formed part of a
motor vehicle and was removed from it in the course of dismantling
the vehicle on the land
Sanctions available:
• FPN for offence of abandoning a vehicle (£200)
• Simple Caution
• Prosecution (maximum fine of £2500 and/or 3 months imprisonment)
Vehicles for Sale on the Highway – S.3
CNEA
The offence:
• A person is guilty of an offence if at any time—
• (a) he leaves two or more motor vehicles parked within 500 metres of
each other on a road or roads where they are exposed or advertised
for sale, or
• (b) he causes two or more motor vehicles to be so left.
• A person is not guilty if they are not selling the vehicles as part of a
business (e.g. selling their own private vehicle)
Sanctions available:
• FPN for exposing vehicles for sale (£100)
• Simple Caution
• Prosecution (maximum fine of £2500)
Vehicles being offered for sale at the side
of ‘A’ roads – S.147A HA
The offence:
• No person shall, for the purpose of selling anything, or offering or exposing
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anything for sale, use any stall or similar structure or any container or
vehicle, kept or placed on—
(a)the verge of a trunk road or a principal road;
(b)a lay-by on any such road; or
(c)unenclosed land within 15 metres of any part of any such road, where its
presence or its use for that purpose causes or is likely to cause danger on
the road or interrupts or is likely to interrupt any user of the road.
Where its presence or its use for that purpose causes or is likely to cause
danger on the road or interrupts or is likely to interrupt any user of the road.
It shall be a defence for a person charged with an offence under this section
to prove that he took all reasonable precautions and exercised all due
diligence to avoid commission of the offence.
Vehicles being offered for sale at the side
of ‘A’ roads – S.147A HA
Sanctions available:
• Simple Caution
• Prosecution (maximum fine of £1000)
Vehicles being repaired on the Highway –
S.4 CNEA
The offence:
• A person who carries out restricted works on a motor vehicle on a road is
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guilty of an offence.
Restricted works - works for the repair, maintenance, servicing, improvement
or dismantling of a motor vehicle or of any part of or accessory to a motor
vehicle and works for the installation, replacement or renewal of any such
part or accessory.
A person is not guilty if the work was not carried out in the course of, or for
the purposes of, a business or for gain or reward
Sanctions available:
• FPN for carrying out restricted works on a vehicle on the highway (£100)
• Simple Caution
• Prosecution (maximum fine of £2500)
Graffiti – S.1 Criminal Damage Act
The offence:
• A person who without lawful excuse destroys or damages any
property belonging to another intending to destroy or damage any
such property or being reckless as to whether any such property
would be destroyed or damaged shall be guilty of an offence
Sanctions available:
• FPN issued under S.43 Anti Social Behaviour Act 2003 (£75)
• U18 reparation Scheme
• Simple Caution
• Prosecution (sentence dependant of cost of damage)
Graffiti
• Criminal Damage Act 1971
• Obliteration of a traffic sign – S.131 Highways Act 1980
• Unauthorised marks on the highway – S.132 Highways Act 1980
Unauthorised marks on the highway –
S.132 HA
The offence:
• A person who, without either the consent of the highway authority for
the highway in question or an authorisation given by or under an
enactment or a reasonable excuse, paints or otherwise inscribes or
affixes any picture, letter, sign or other mark upon the surface of a
highway or upon any tree, structure or works on or in a highway is
guilty of an offence
Sanctions available:
• FPN issued under S.43 Anti Social Behaviour Act 2003 (£75)
• Simple Caution
• Prosecution (maximum fine £1000 and £2500 for subsequent
offences)
Dog Fouling and Nuisance
• Dog Fouling – S.3 Dogs (Fouling of Land) Act 1996
• Dog Control Orders – S.55 Clean Neighbourhoods and Environment
Act 2005
Dog Fouling- S.3 Dogs (DFOL) Act
The offence:
• If a dog defecates at any time on designated land and a person who is in
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charge of the dog at that time fails to remove the faeces from the land
forthwith, that person shall be guilty of an offence unless—
(a) he has a reasonable excuse for failing to do so; or
(b) the owner, occupier or other person or authority having control of the land
has consented (generally or specifically) to his failing to do so.
Nothing in this section applies to a person registered as a blind person in a
register compiled under section 29 of the National Assistance Act 1948.
Highways with a speed limit of over 40mph, and land running alongside, can
not be designated under this legislation.
Sanctions available:
• FPN for failure to remove faeces forthwith (£50)
• Simple Caution
• Prosecution (maximum fine of £1000)
Dog Control Orders – S.55 CNEA
- ON HOLD
Power to create a Dog Control Order:
• The Local Authority may make an order providing for an offence or offences
relating to the control of dogs in respect of any land in its area.
Land to which orders apply:
• Land which is open to the air and to which the public are entitled or permitted
•
to have access (with or without payment).
Any land which is covered is to be treated as land which is “open to the air” if
it is open to the air on at least one side
Where a Dog Control Order is made, and land is designated accordingly, the
Dogs (Fouling of Land) Act is repealed.
Dog Control Orders – S.55 CNEA
Offences that can be included in a Dog Control Order:
•
•
•
•
Fouling of land by dogs and the removal of dog faeces
The keeping of dogs on leads
The exclusion of dogs from land
The number of dogs which a person may take on to any land
Sanctions available:
• FPN for breach of the Dog Control Order (£75)
• Simple Caution
• Prosecution (maximum fine of £1000)
New Orders - Existing powers on the left,
proposed powers on the right
Fly-posting - Yes (but removal is very
effective)
• Control of advertisements – S.224 Town and Country Planning Act
1990
• Obliteration of a traffic sign – S.131 Highways Act 1980
• Unauthorised marks on the highway – S.132 Highways Act 1980
Control of Advertisements – S224 TCPA Yes
The offence:
• If any person displays an advertisement in contravention of the regulations
he shall be guilty of an offence.
• A person shall be deemed to display an advertisement for the purposes of
•
•
that subsection if—
(a) he is the owner or occupier of the land on which the advertisement is
displayed; or
(b) the advertisement gives publicity to his goods, trade, business or other
concerns.
• A person is not guilty of either of the offences above if he proves that:
• (a) the advertisement was displayed without his knowledge; or
• (b) he took all reasonable steps to prevent the display or, after the
advertisement had been displayed, to secure its removal.”
Control of Advertisements – S224 TCPA Yes
Sanctions available:
• The Local Authority may remove or obliterate any placard or poster
that is in contravention of the regulations
• If the poster identifies the person responsible then the Local Authority
must serve notice on that person (usually giving 48 hours to address
the matter) before the placard or poster can be removed or
obliterated.
• FPN issued under S.43 Anti Social Behaviour Act 2003 (£75)
• Simple Caution
• Prosecution (maximum fine of £1000)
Obliteration of a traffic sign – S.131 HA No
The offence:
• If a person without lawful authority or excuse pulls down or
obliterates a traffic sign placed on or over a highway, or a milestone
or direction post (not being a traffic sign) so placed, he is guilty of an
offence; but it is a defence in any proceedings under this subsection
to show that the traffic sign, milestone or post was not lawfully so
placed.
Sanctions available:
• FPN issued under S.43 Anti Social Behaviour Act 2003 (£75)
• Simple Caution
• Prosecution (maximum fine £200 and £500 for subsequent offences)
Misuse of a disabled person’s badge
- blue badge - Yes
The offence:
• Road Traffic Regulation Act 1984 117 Wrongful use of
disabled person’s badge.
• A person who at any time acts in contravention of, or fails
to comply with, any provision of an order under this Act
relating to the parking of motor vehicles. There was
displayed on the motor vehicle in question a badge he
was using the vehicle in circumstances where a disabled
person’s concession would be available to a disabled
person’s vehicle,
Sanctions available:
• Surrender of the Blue Badge
• PCN (CEO)
• Simple Caution
• Prosecution (maximum fine £1000)
Public Health Functions
• Nuisance - Yes
• Waste in Garden - Yes
• Insecure Properties - Yes
• Other traditional EH functions - Yes
Section 215 Town and Country
Planning Act 1990 - Yes
• A Local Planning Authority (LPA) as part of its
legislative powers has the authority to enforce
the proper maintenance of land and buildings
which it considers adversely affects the amenity
of any part of its area or of an adjoining area.
This power can thus help to protect the visual
amenity of an area. The legislation is contained
within Sections 215 to 219 of the Town and
Country Planning Act 1990
Section 215 Town and Country
Planning Act 1990
Sanctions
• Can prosecute or do WID or both.
• Prosecution – max £1,000 fine (level 3).
• Second or subsequent prosecution 1/10th of fine,
for each day following first conviction.
• However, relatively low fine given.
• Recovery of Costs –WID.
• Local Land Charge – notice and expenditure
(recorded).
• Enforced Sales Procedure (Court).
• Court Bailiffs etc.
S215 Success
• Before
After
DMBC 2012/3
Issue
Complaints/Notices FPNS’s
Litter
Court Cases
2500 FPN’s
400 Court cases
Other
Fly-tipping/Waste
offences
5500 fly tips per year
- 30 notices
50 FPN
25
Abandoned and
Nuisance vehicles
360 complaints
5 FPN’s
0
60 Vehicle Removal
5 FPN’s
60 FPN’s only 3 court
cases
2 FPN’s
60 FPN’s
40 WID
30 Court cases
N/A
2
20 WID
Graffiti
Dog Fouling and
Nuisance
Fly-posting
Waste in gardens
S80, S92, PDPA
1500 complaints
500 notices
Run down
properties/land S215
49
Insecure properties
LGMPA
51
Noise Section 80
339 Notices
WID
None
45
23 Seizures
Lunch and
networking
Round Table
Discussion
Thank you
For further information on the
Network please contact:
rachel.scarisbrick@keepbritaintidy.org
or call on 01942 612 665