Issue - items at meetings - Keeping the New Forest Litter Free Council Services

To consider the use of new powers allowing local authorities to take action against littering from vehicles.

RESOLVED:

(a) That the use of the new powers conferred by the Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 be supported;

(b) That the following powers be delegated to the officers:

Source

Power Delegated

Delegated to

Section 88A, Environmental Protection Act 1990 and Littering From Vehicles – Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018, Part 2

To be an authorised officer and to exercise the powers conferred on the litter authority in respect of penalty notices (fixed penalties)

Executive Head, Service Manager, or Enforcement Manager, or Enforcement Team Leader, or Enforcement Supervisors, or Enforcement Officers, or Dog Warden, or Streetscene Senior Supervisor, or Streetscene Supervisor

Section 88A, Environmental Protection Act 1990 and Littering From Vehicles – Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018, Part 4

To carry out the functions of the litter authority following representations and adjudication

Executive Head, or Service Manager, or Enforcement Manager, or Enforcement Team Leader, or Enforcement Supervisors

(c) That the fees and charges set out at paragraphs 7.1 and 7.2 of Report Item 5 to the Cabinet be approved; and

(d) That an officer working group drawn from the following organisations be established to consider the extent of the problem of littering from vehicles in the New Forest and to identify how use of the new Regulations can be supported, including enforcement options and publicity opportunities:

· Forestry Commission

· National Park Authority

· Verderers of the New Forest

· Hampshire County Council

· Any other authorities/ agencies as may be considered relevant.

Members considered the new powers that were now available in respect of littering from vehicles. Action could now be taken against the keeper of a vehicle from which litter was thrown. Previously there had been problems in taking action because of the difficulty in identifying which person in a vehicle had committed the offence. These powers were in addition to the existing fixed penalty notice powers in respect of other littering offences.

It was important to develop a cohesive approach with key partner organisations to identify how to make the most effective use of the new powers in the Forest. It was therefore proposed to establish a joint officer working group, to report back to the Council as soon as possible.

New procedures would also need to be established to process civil penalty notices up to and including the appeal stage.

Members were advised that a report on the implementation of the new powers would be submitted to them in due course.