32 Adoption of Fixed Penalty Charge for breach of Community Protection Notice
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Minutes:
The Technical Services Manager (WRS) and the Principal Officer (Planning and Environmental Crime Enforcement – WRS) presented a report on the subject of the adoption of Fixed Penalty Charge Notices (FPNs) for breaches of Community Protection Notices (CPNs).
Members were informed that WRS had assumed responsibility for planning and environmental enforcement in 2024. There were certain enforcement powers that could be deployed by the Council where non-compliance was identified. There had been five cases since May 2025, involving fly tipping and littering, that had been closed.
There was a process that needed to be followed in respect of enforcement. Where anti-social behaviour (ASB) was identified, Officers would seek to impose a Community Protection Warning (CPW), which gave notice that an individual or organisation needed to address their behaviour. There was a high bar that needed to be met in order to issue a CPW. Should evidence emerge that a CPW was being breached, then a CPN could be issued. Where a CPN was breached, an FPN could be issued.
In presenting the report, Members were asked to note that FPNs would provide an additional tool that could be used to address poor behaviour where breaches of CPNs occurred. In some cases, it would be more appropriate to issue an FPN than to take court action.
Members welcomed the report and in doing so noted that enforcement action was important to deter and address poor behaviour, such as littering and fly tipping. Concerns were raised that fly tipping and litter could create health and safety challenges, including by attracting pests which had a negative impact on the local community. Members commented that it was important to ensure that business owners understood their responsibilities in respect of the environment and the consequences of poor behaviour. Where poor behaviour was unreasonable and persistent there was a need for the Council to act and FPNs could assist with this process.
During consideration of this item, Members noted that the report had been pre-scrutinised at the meeting of the Overview and Scrutiny Committee held on 1st September 2025. Concerns had been raised at that meeting about the extent to which enforcement action was being taken. The Executive Committee noted that enforcement action was being taken and the FPNs would enhance this process by providing an additional tool that could be used by officers where appropriate.
In concluding their discussions in respect of this matter, Members commented that the Council had a duty to communicate to the public and local businesses the action that the authority was taking to address planning and environmental crimes through enforcement activities.
RECOMMENDED that
the Council adopt a Fixed Penalty Notice Charge of £100 for failure to comply with a Community Protection Notice.