Agenda item

To provide an update on the range of enforcement activities being carried out by multiple services of the Council.

 

Minutes:

The Committee  had undertaken an enquiry into the Council’s enforcement function as “Effective Enforcement and Regulation” was a priority in the Council’s Corporate Plan 2020-24 (within the theme of Delivering High Quality Services).

 

To assist the Committee with its enquiry, the Committee received a report in the name of the Portfolio Holder for Corporate Governance and Finance.  His report referenced the Corporate Enforcement Group (CEG)  which had been formed in 2017 with a view to coordinating the enforcement response across the Council under the overarching Corporate Enforcement Strategy. The Group had had a number of iterations and the current  membership comprised of Portfolio Holders, Directors, Assistant Directors and Senior Mangers within the Council with the aim to improve and develop the enforcement response across the Authority.

 

It was also reported to the Committee that all authorised Officers, when making enforcement decisions should abide by the Corporate Enforcement Strategy, and the supporting documented procedures, both within the appendices and departmental processes.

Enforcement enabled the Council to ensure rules were followed in a way that improved outcomes for residents in Tendring.  The Council’s investment and wide range of enforcement activity successfully helped to keep the District clean and tidy, supported high quality housing, kept people safe whilst travelling, and ensured better health.

 

The Council would exercise its regulatory activities in a way which was:

*      “Proportionate – our activities will reflect the level of risk to the public and enforcement action taken will relate to the seriousness of the offence.

*      Accountable – our activities will be open to public scrutiny, with clear and accessible policies, and fair and efficient complaints procedures.

*      Consistent – our advice to those we regulate will be robust and reliable and we will respect advice provided by others. Where circumstances are similar, we will endeavour to act in similar ways to other local authorities.

*      Transparent – we will ensure that those we regulate are able to understand what is expected of them and what they can anticipate in return.

*      Targeted – we will focus our resources on higher risk enterprises and activities, reflecting local need and national priorities”.

The report had also provided an overview of training for officers to equip them to carry out their enforcement duties in accordance with the legislative requirements and the Corporate Enforcement Strategy.  In addition, details of enforcement activity across the Council, including against fly tipping, littering,  stray dogs, dog fouling, noise nuisance, situations prejudicial to health, filthy and verminous premises, pests, contaminated land, permitting of polluting processes, abandoned vehicles, regulated housing conditions in the owner occupied and privately rented housing (including in respect of the licensing of mobile home sites and houses in multiple occupation), enforcement of tenancy conditions and the collection of rent for those properties where the Council  was the landlord, planning enforcement and anti-social behaviour (with partners).

In response to questions, Members were advised that the Council’s Community Ambassadors had also been trained in issuing Fixed Penalty Notices for dog fowling, littering and fly tipping.  Those Notices had been  recently revised and re-produced.

 

The Chairman thanked the officers for participating in the meeting and assisting the Committee with its enquiry.

 

After a short discussion it was RESOLVED TO RECOMMENDED TO CABINET that:

 

 

1.       the protection of trees on land to be developed be considered with the view to seeking to prevent a loss of trees in sites that are approved for development,

2.       Essex County Council  be requested to plant a tree for each highway or other tree removed  by it as close as possible to the site of the removed tree,

3.       the Council looks at, in conjunction with Ward Councillors, the reintroduction of Perspex lamp post signs to reinforce the message about not dog fouling and the penalty for those that allow their dogs to foul,

4.    the Council discuss again the relative advantage of deploying covert cameras as part of enforcement, particularly for those specific areas where there is reoffending, in order to identify those offenders,

5.    the legal position be considered on the responsibility of those who sell fast food for litter that comes from the packaging provided by those who sell fast food,

6.    the reasoning why there have been no FPN’s issued in respect of breaches of the PSPO, dog fouling, fly-tipping and littering be shared with the Committee,

7.    the Council uses social media and the press to make a push to highlight our Community Ambassadors, ASB case officer and Town Centre Officer, the powers they have and the tickets, fines they can issue.

 

In addition to the above, the Committee RESOLVED to request that the detail that could not be provided to it at the meeting in respect of the following, be provided at the earliest opportunity:

 “In relation to Anti-Social Behaviour, whether it be a nuisance, public disorder, fly tipping, dog fowling etc..

How convictions have we in the last 5 years?

How many court appearances have we got in the last 5 years?

How many tickets and or notices have we issued in the last 5 years?”

Supporting documents: