The Chief Executive submitted a report, that sought Cabinet approval for the adoption of the revised Enforcement Policy for the issuing of Fixed Penalty Notices for Environmental Offences.

The Head of Operations – Community Services advised that on 16 April 2019, Cabinet approved a consultation exercise to seek the views of the public, in relation to a revised Enforcement Policy. This document included the procedures for issuing Fixed Penalty Notices, the level of fines and an early payment discount.

He confirmed that a public consultation survey based on Bridgend County Borough Council’s amended Enforcement Policy was conducted over a twelve week period between 17th June 2019 and the 8th September 2019.  The survey was available to complete online, on the consultation pages of the Council’s website and residents could also request a paper copy or another alternative format by telephone or email. Comments regarding the consultation were also invited via letter, email and telephone.

In total, there were twelve questions which required a reply from respondents. All questions in the survey were optional and offered anonymity to the respondent. The Council’s standard set of equalities monitoring questions were also included with the survey, as it is recommended good practice for all public facing surveys carried out by the Authority.

He explained that, in total there were 18 survey completions, representing 0.01% of the Bridgend County Borough population. This is subject to a maximum standard error of plus/minus 23.10% at the 95% confidence level. Therefore, there is 95% confidence that these responses are representative of those that would be given by the total adult population. 

Full details of the public consultation and its findings were attached for Cabinet’s consideration at Appendix A to the report, whilst a copy of the Enforcement Policy was attached at Appendix B.

The Head of Operations – Community Services, confirmed that it was important to recognise that issuing each Fixed Penalty Notice will be considered on its individual merits, matters of proportionality, objectivity, fairness and reasonableness. A system was in place to offer an appeal or contest to the notice and to preserve the integrity of the process. No undue external pressure should be brought, by either members of the Council or Senior Officers, which could be misconstrued to unduly influence the decisions by virtue of their position alone. This was a similar process adopted by the Car Parking Marshals when issuing fines for parking offences.

He concluded his submission, by expanding upon some salient points outlined in the Consultation Report that was attached to the covering report.

The Deputy Leader felt that there was a very fair approach that would be taken with regard to individuals. He reiterated that those who fall foul of the Policy, would be reminded of the provisions of this; given a warning, then fined if they repeated any such offending.

The Cabinet Member – Future Generations and Wellbeing, referred to the Table of Fines on page 114 of the report, and asked how the Council intended to communicate to the public about the different categories of offences, together with the level of fines for each of these.

The Head of Operations – Community Services, confirmed that a considerable amount of notification to the public of the terms of the Policy had been communicated by a number of different methods, though further promotion work would be carried out to raise people’s level of awareness to the provisions of this. This would include the level of duty imposed upon householders who provide waste in the different receptacles so provided for this purpose. There would be a duty upon them to use the correct receptacle for the correct type of waste, or they could be fined.

The Leader concluded debate on the report, by adding that it would be beneficial also, if signage could be displayed throughout areas of the County Borough to deter the public from committing any Enforcement offending along the lines covered by the Policy.  

RESOLVED:                  That Cabinet approved and adopted the revised Enforcement Policy for the issuing of Fixed Penalty Notices for environmental offences.