Issue - meetings

To seek approval from Cabinet for a new set of Fixed Penalty Notices for certain offences and fines.

RESOLVED that Cabinet –

(a)     supports the use of enforcement powers where necessary and formally adopts the associated fines for the set of offences and the Fixed Penalty Notices, as set out in Appendix A to the Portfolio Holder’s report; and going forward

(b)     authorises the Portfolio Holder with the delegated responsibility for Corporate Enforcement, in consultation with Officers, to revise the fees for Fixed Penalty Notices upon future reviews.

The Cabinet gave consideration to a report of the Corporate Finance & Governance Portfolio Holder (A.7) which sought its approval for a new set of Fixed Penalty Notices in relation to certain offences and fines.

It was reported that a review of the Council’s Fixed Penalty Notices had been undertaken and a new set of refreshed Fixed Penalty Notices (FPNs) was now proposed using current legislation to format certain offences and to set the fines associated with them.

Cabinet was made aware that the set of offences detailed in the Portfolio Holder’s report was set apart from the FPN process used by the Civil Environment team within the Public Realm department where principally those notices were used against parking infringements within carparks owned by this Council.

Members were informed that the offences considered in this current review were largely person and problem related, and were not always linked to a motor vehicle.  Often wider considerations such as checking with other agencies to establish if warnings had previously been given, needed to be made as part of the decision making process in those set of offences, thus needing a more local, less automated approach.

Cabinet was reminded that the Anti-Social Behaviour legislation had been updated in 2014 and could be used in managing a whole range of issues ranging from neighbour disputes through to instances of persistent nuisance caused by the fly tipping of rubbish.

Members recalled that, in 2015, a set of Tendring District Council and Essex Police Fixed Penalty Notices had been produced. Over time their use had diminished. Supplementary systems including a suitable I.T platform was now accessible and was a useful component in management, providing an inventory of occurrences, and a repository of management decisions often needed prior to taking the step to issuing an enforcement ticket.

Having duly considered the proposed new set of Fixed Penalty Notices:-

It was moved by Councillor G V Guglielmi, seconded by Councillor P B Honeywood and:-

RESOLVED that Cabinet –

(a)     supports the use of enforcement powers where necessary and formally adopts the associated fines for the set of offences and the Fixed Penalty Notices, as set out in Appendix A to the Portfolio Holder’s report; and going forward

(b)     authorises the Portfolio Holder with the delegated responsibility for Corporate Enforcement, in consultation with Officers, to revise the fees for Fixed Penalty Notices upon future reviews.