Welcome to the Network Legal event - ‘To enforce of not to

enforce’

Jennifer Watts Network Legal Expert

Setting the scene on enforcement.

INTRODUCTIONS

GETTING TO KNOW YOU

• Name• Local Authority• Role• Enforcement Policy??• Scenario??• Challenge!

Principles of Enforcement • Enforcement Concordat• Introduced in 1998: aim to promote good enforcement that

brings benefits to business, enforcers and consumers• Standards: setting clear standards• Openness: clear and open provision of information• Helpfulness: helping business by advising on and assisting

with compliance• Complaints: having a clear complaints procedure• Proportionality: ensuring that enforcement action is

proportionate to the risks involved• Consistency: ensuring consistent enforcement practice

Enforcement Concordat

‘Ultimately the concordat contributes to theeconomic vitality of our local communities.

With compliance made easier, and withenforcers able to focus their resources on

businesses who break the law allowing law-abidingbusinesses to compete on a

level playing field’

Enforcement Concordat: Good Practice Guide for England and Wales http://webarchive.nationalarchives.gov.uk/+/http://www.berr.gov.uk/files/file10150.pdf

Principles of Enforcement

• The Philip Hampton Review: commissioned by Chancellor in the 2004 Budget, was influential in promoting enforcement approaches, which include;

• Increased use of risk assessment to precede and inform all regulatory enforcement work

• Increased use of support and advice to help businesses to understand and meet regulatory requirements more easily, and

• Adopting proportionate, targeted and flexible approaches to applying the law and securing compliance.

Regulatory Enforcement and Sanctions Act 2008• Based around firm and fair regulation

• (1)In exercising its functions local authorities in England and Wales effectively enforce,

(b)in a way which does not give rise to unnecessary burdens, and (c)in a way which conforms with the principles in subsection (2).

• (2)Those principles are that— (a)regulatory activities should be carried out in a way which is

transparent, accountable, proportionate and consistent; (b)regulatory activities should be targeted only at cases in which action is needed

Fixed Penalty Notices

The Local Approach – is it broad enough?

• Effective Campaigning? • Education – encourage behaviour change?• Decent Services?• FPN?

Golden Rules for Issuing FPN’s

• Rule 1: Assume every offence for which a FPN is issued will end in Magistrate’s Court

• Rule 2: Where there is insufficient evidence a FPN should not be issued

• NB# Is it likely to be pursued by your LA?????

Golden Rules for Prosecution• Evidence is of key importance when it comes to

enforcement. Proceedings should NOT be commenced unless the enforcement officer believes that there is a realistic prospect of success if the matter were to be defended at trial.

• It is essential that there is the mind-set and approach that assumes that every prosecution will be rigorously defended.

Code for Crown Prosecutors

• Casework decisions: taken fairly, impartially and with integrity help to secure justice for victims, witnesses, defendants and the public.

• Prosecutors must be fair, independent and objective. • Must not let any personal views about the ethnic or national

origin, gender, disability, age, religion or belief, political views, sexual orientation, or gender identity of the suspect, victim or any witness influence your decisions.

• Neither must prosecutors be affected by improper or undue pressure from any source.

• Prosecutors must always act in the interests of justice and not solely for the purpose of obtaining a conviction.

Code for Crown Prosecutors

The Full Code Test: two stages;

1) The Evidential Stage: satisfied there is “sufficient evidence” to provide a “realistic prospect of conviction”. A case which does not pass the evidential stage must not proceed, no matter how serious or sensitive it may

2) The Public Interest Stage – In every case where there is sufficient evidence to justify a prosecution, prosecutors must go on to consider whether a prosecution is required in the public interest. Consider seriousness, level of culpability, harm caused to victim, age of suspect, community impact, is prosecution a proportionate response

Code for Crown Prosecutors• Out-of-Court Disposals: may take the place of a prosecution if

it is an appropriate response

• Appropriate evidential standard for the specific out-of-court disposal is met including: a clear admission of guilt and that the public interest would be properly served by such a disposal

• Examples: simple or conditional caution, any appropriate regulatory proceedings, a punitive or civil penalty

http://www.cps.gov.uk/publications/docs/code2013english_v2.pdf

Keep Britain Tidy Enforcement AcademyLaunch a new training concept;

• Promote best practice in enforcement• Accredited learning programme• Join a bank of Enforcement Academy graduates

available for hire by land managers • Three Stage Approach - Education, Engagement

Enforcement• Traditional classroom sessions, practical training and

assessment

Keep Britain Tidy Enforcement AcademyBenefits;

• Enforcement Officers gain an accredited qualification• Common standard/process to tackle enforcement

issues • Income generation (hire out qualified officers to other

organisations)• Low risk recruitment process for organisations that do

not currently employ enforcement officers (i.e. short term projects - no annual salaries etc.)

• QUESTIONNAIRE / ROUND TABLE DISCUSSION!

Network Event

Enjoy!

Wakefield Council – Enforcementby

Craig HeppinstallTeam Manager

Anti-Social Behaviour Unit

SUPER LEEDS UNITED!

Leeds United's Jermaine Beckford celebrates scoring the winner against Manchester United to put the champions out of the FA Cup

Overview

• Overview of service• Anti-social behaviour (area working, The Hub and ASBAT

– Anti-Social Behaviour Analytical Tool)• Environmental enforcement• Future development• Questions

Anti-Social Behaviour Unit - 2012

• 4 ASB Case Officers• 3 Environmental Crime Officers• 2 Dog Wardens• 10 Environment Officers• Gypsy Traveller Liaison Officer• Education Officer• Highways Enforcement Officer

Anti-Social Behaviour Unit - 2013

• 6 ASB Case Officers• 2 Dog Wardens• 10 Environment Officers• Gypsy Traveller Liaison Officer

Anti-Social Behaviour – A new way of working

Anti-Social Behaviour – A new way of working

• Staff aligned to follow 7 neighbourhood policing areas

• ASB Case Officers – Investigating anti-social behaviour, environmental crime and highway enforcement issues

• Other internal and external partners align services (Street Scene, Environmental Health, Environment Officers, Wakefield and District Housing – 31,000 properties)

Pilkington Family

• Continually harassed by local youths

• 33 Calls to local agencies over 7 year period

• Mother and daughter committed suicide

• Inquest held and highlighted gaps (information sharing) between agencies

Need for agencies to identify repeat/vulnerable victims at an early stage

The Hub - 2012

Report of ASB received (assessed using single form regardless of receiving agency)

Score awarded (depending on answers) and graded – red, amber and green

Reports (past and present) researched for additional information and reporter contacted.

Case allocated to Neighbourhood Policing Team (Police Officer, Sergeant or Inspector) for further investigation

Tasking Process

Daily Tasking – By police/council staff internally

Three weekly tasking – Action driven due to reports

Six weekly tasking – Strategic meeting to resolve issues long term

6 Month Review

• 3 times more vulnerable/repeat victims identified through additional research and call backs

• 24% decrease in ASB calls across the district

Current Stats

Environmental Enforcement

• Previously known as Neighbourhood Patrollers

• Team of 26 responding to reports of anti-social behaviour across the district

• Gathering evidence for ASB Case Officers

• Accredited by West Yorkshire Police

Environmental Enforcement

2010:

• Response to calls of ASB passed to West Yorkshire Police (Police Community Support Officers)

• Neighbourhood Patrollers rebranded to Environment Officers, focussing on environmental issues and enforcement

Environmental Enforcement

• Search fly-tipping for evidence district wide• Commercial waste issues• Domestic waste issues• Abandoned vehicles• Litter and refuse on private property• A-boards• Fly-posting• FPN’s• Collect lost, stray and abandoned dogs on a weekend• Street Litter Control Notices• Distribution of free literature

Requests for Service

• 2012/13 – 5,933 requests for service• 494 reports per month• Ranging from dog collects to serious allegations of

environmental crime/anti-social behaviour• 18 operational staff

Case Study:South Hiendley Common

South Hiendley CommonPro’s:• Area of natural beauty• Home to diverse range of wildlife• Utilised by residents on a daily basis for exercise and

leisure activitiesCons:• Fly-tipping hot spot• Off road vehicle nuisance• General anti-social behaviour

Partners Involved

• Anti Social Behaviour Unit• Street Scene• West Yorkshire Police• Planning Enforcement• Local elected members• Neighbourhood Co-ordinator• Community

Action

• Increased patrols by relevant agencies to deter acts of crime and anti-social behaviour

• Awareness raising through local media, Facebook and Twitter

• Bunding/gates to restrict access• Advertising successful prosecutions

Results – South Hiendley

Fly tipping fight gains success at common - Local - Hemsworth and South Elmsall Express

• 2 successful prosecutions• 4 prosecution cases pending• £1,870 in fines and costs

Projects

Fixed Penalty Notices (April 12 – March 13)

Littering - 586Dog fouling - 38Fly-posting - 138Commercial waste - 17Domestic waste - 2Litter clearing - 132Failure to produce waste carriers licence - 12Failure to produce waste transfer notes - 9

Future Developments

• Dog Control Orders• Bus lane enforcement • Parking de-criminalisation• Blue badge enforcement• Expansion of 3G CCTV system• Develop business opportunities with private sector• New ASB legislation

Questions?

Enviro-crime

“To enforce or not to enforce?”

Mark Benton DMBC Envirocrime Officer

Why do we have to deal with enviro-crime?• The Clean Neighbourhoods and Environment Act 2005 amended s.6

of the Crime and Disorder Act 1998 to make Crime and Disorder Reduction Partnerships (Safer Doncaster Partnership) responsible for:

“….crime and disorder (including anti-social and other behaviour adversely affecting the local environment)”

Our Priorities• A cleaner and better environment • A strong focus on undertaking timely, appropriate and joined-up

enforcement action

What is the impact of environmental crime?• Gives residents the impression that their neighbourhood is uncared

for and increases the associated fear of crime

• Discourages inward investment – potential investors are given a poor first impression of Doncaster

• It is damaging to health. Fly-tipping and litter attract vermin and can have a negative impact on residents living nearby, dog fouling carries infectious diseases (toxocariasis).

• Links to even more serious crimes e.g. abandoned vehicles, bins left on the highway and fly-tipping can all create targets for arson.

What sanctions are available to us?

• Fixed Penalty Notices (FPNs) – Youth Reparation Scheme• Simple Cautions• Prosecutions• Works in default• Powers of entry and removal in certain cases• Legal notices to produce documents• Legal notices to abate certain issues• ……..the civil route (injunctions, ASBOs etc.)

Evidence Gathering/Processing?

• 180 Officers trained to gather evidence• Officers use Proforma Booklet “Doncaster’s Bluebook”

• Gives officers confidence• Helps them record details needed for each offence• No problems with courts or our legal department• Makes processing easier

• Dedicated team (vast majority of enforcement)• Dedicated - process officer and computer system• Expectation that Enforcement Officers will do Enforcement!

Youth Reparation Scheme? 1800 - young People 2011-13• How the scheme works? • If any young person commits a minor environmental crime the Children’s Safeguarding

Team are contacted to ensure that there are no known child protection issues regarding the child in question.

• If they are a young person aged 10 or 11, a letter is sent to the parent/carer with information about the offence and they are asked to speak to their child about this.

• If they are a young person aged between 12 and 17 years of age, they are issued with a Fixed Penalty Notice (FPN) for £80 (dog fouling £50). This fine is sent to the offender by post (with a copy going to their parent/carer along with a parental consent form).

• Failure to pay this FPN within 14 days will result in a prosecution case being passed to the Magistrates’ Court. However, the FPN will be ‘put on hold’ if the offender agrees to take part in a 3 hour litter pick under the supervision of Doncaster Council staff.

• If the offender attends the litter picking session then the FPN will be cancelled and the matter will be closed.

• If the offender does not attend, but a satisfactory explanation for their non-attendance is received in writing within 14 days then they will be given one last chance to attend a litter picking session.

• If the offender does not attend a session and no explanation for this absence is received then a case will be prepared for prosecution.

Litter - Yes

The offence:• Throwing down, dropping or otherwise depositing litter on anywhere

‘open to the air’ and leaving it• Includes private land where there is no permission from the

landowner to drop the litter

Sanctions available:

• Fixed Penalty Notice (£75)• Simple Caution• Prosecution (maximum fine of up to £2500)• Youth Litter initiative (12 to 17 years of age)

Litter Free Distribution of Literature EPA 1990 schedule 3A - Yes• The Offence• It is an offence to distribute free printed matter or cause the

distribution of free printed matter in any designated street or place without a consent from the Council to do so.

• Exemptions• By or on behalf of a charity where the printed matter relates to or is

intended for the benefit of the charity are exempt.

For political purposes, a religion or belief are also exempt.

Sanctions Available• FPN issued (£75)• Simple Caution• Prosecution £2500

Litter Clearing Notice EPA S92A- Yes

The Offence• LA satisfied that land defaced by litter and refuse on land in the

open to the air, detrimental to the amenity of the locality. • Can serve notice to clear land and if the Principal litter

authority is satisfied that the land is likely to become defaced by litter or refuse again, to take reasonable steps to prevent it from becoming so defaced.• Serve on the occupier of the land to which it relates or if the

land is not occupied, the owner• May specify a period within which the requirement must be

complied with and standards of compliance.

Sanctions Available• FPN issued (£100)• Simple Caution• Prosecution £2500 and/or works in default

Street Litter Control Notice EPA S94 - NoThe Offence• LA satisfied that the frontage of a street/land is defaced by

litter and refuse there is recurrent defacement. by litter or refuse and defacement is likely to continue.• Can serve notice on businesses that abut the street that may

be responsible fro the litter. Make them responsible for removing litter or taking other measures within 100 meters of there premise.

Sanctions Available• FPN issued (£100)• Simple Caution• Prosecution £2500 and/or works in default

Interference With Waste Sites And Receptacles EPA S60 - YesThe offence:

• To sort or disturb anything deposited at a place for the deposit of waste provided by a waste collection authority, by [f1or under arrangements made with a waste disposal authority or by any other local authority or person] ;

Sanctions Available• Simple Caution• Prosecution £10000

Fly-tipping/Waste offences - Yes

• S.33 Environmental Protection Act – Fly-tipping• S.34 Environmental Protection Act – Duty of Care• S.34 (2A) Environmental Protection Act – Household Duty of Care• S.46 Environmental Protection Act – Storage of Household Waste• S.47 Environmental Protection Act – Storage of Commercial Waste• S.1 Control of Pollution (Amendment) Act – Waste Carriers Licence• S.5 Control of Pollution (Amendment) Act – WCL duty to produce

Fly-tipping (S.33 EPA)

The offence:• Depositing waste, or knowingly causing or permitting waste to be

deposited in or on any land where an environmental permit is not in force (only exemption is a householder depositing waste on their own premise).

• Treating, keeping or disposing of controlled waste, or knowingly permitting waste to be treated, kept or disposed of in or on any land where an environmental permit is not in force.

• S33(5) if a vehicle is used to commit a S33(1) offence then can make the person responsible for controlling the use of the vehicle, shall be guilt of an offence.

Sanctions available:• Simple Caution• Left Litter PFN small amounts of waste • Prosecution (unlimited fine and/or imprisonment)

Investigative Powers

• Door knock – ask, look• Interview• C Tax• Section 16 LGMPA• Environment Act Section 108• EPA Section 71 - who was driving• MIB checks• Letter under caution – out of area fly tipping• PACE Code B

Environment Act (Section 108)

• In exercising or performing one or more of the pollution control functions and on production of authority/warrant, powers to:• Enter Land, by force (if needed) take samples,

remove evidence, remove waste.• Damage, destroy• Request information – “such questions as the

authorised person thinks fit to ask and to sign a declaration of the truth of his answers”

• Need warrants for EO’s

EPA Section 71

• May, by notice in writing served on him, require any person to furnish such information specified in the notice.• Used for (Fly tipping) Section 59 and section 33.• Normally used for ascertaining the driver of a

vehicle.

Duty of Care (S.34 EPA)The offence:• It is the duty of any person who imports, produces, carries, keeps, treats or

disposes of controlled waste or, as a broker, has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances—

• (a) to prevent any contravention by any other person of section 33 (EPA); • (b) to prevent the escape of the waste from his control; • (c) on the transfer of the waste, to secure—

(i) that the transfer is only to an authorised person or to a person for authorised transport purposes; and (ii) that there is transferred such a written description of the waste

as will enable other persons to avoid a contravention of that section

Sanctions available:• Power to serve a producer requiring production of documentation• FPN for failing to produce (£300)• Simple Caution• Prosecution (maximum fine of £5000)

Householder Duty of Care (S.34 (2A) EPA) The offence:

• It is the duty of the occupier of any domestic property in England to take all such measures available to him as are reasonable in the circumstances to secure that any transfer by him of household waste produced on the property is only to an authorised person or to a person for authorised transport purposes.

Sanctions available:

• Simple Caution• Prosecution (maximum fine of £5000)

Storage and presentation of Household Waste (S.46 EPA) – Yes - CarefullyLegal Notice• The Local Authority can serve a legal notice on the occupier of a

domestic premise with respect to:

• a) the size, construction and maintenance of the receptacles; • (b) the placing of the receptacles for the purpose of facilitating the emptying

of them, and access to the receptacles for that purpose; • (c) the placing of the receptacles for that purpose on highways; • (d) the substances or articles which may or may not be put into the

receptacles or compartments of receptacles of any description and the precautions to be taken where particular substances or articles are put into them; and

• (e) the steps to be taken by occupiers of premises to facilitate the collection of waste from the receptacles.

Storage and presentation of Household Waste (S.46 EPA)The offence:

• A person who fails, without reasonable excuse, to comply with any requirements (made in the S.46 notice) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale (£1000).

Sanctions available:

• Power to serve S.46 notice 2000 notices• Simple Caution• FPN for failing to comply with notice (£100) 10 • Prosecution (maximum fine of £1000) 2

Storage of Commercial Waste (S.47 EPA) Yes link with S92Legal Notice• The Local Authority can serve a legal notice on the occupier of a

commercial premise requiring them to provide waste receptacles of a kind, number and placing specified.

Storage of Commercial Waste (S.47 EPA)

The offence:

• A person who fails, without reasonable excuse, to comply with any requirements (made in the S.47 notice) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale (£1000).

Sanctions available:

• Power to serve S.47 notice• Simple Caution• FPN for failing to comply with notice (£100)• Prosecution (maximum fine of £1000)

Waste Carriers Licence (S.1 COPAA) - YesThe offence:

• It shall be an offence for any person who is not a registered carrier of controlled waste, in the course of any business of his or otherwise with a view to profit, to transport any controlled waste to or from any place in Great Britain

Sanctions available:

• Simple Caution• Prosecution (maximum fine of £5000)

Failure to produce Waste Carriers Licence (S.5 COPAA) - YesLegal power:

• If it reasonably appears to any duly authorised officer of a disposal authority (DMBC) or to a constable that any controlled waste is being or has been transported in contravention of section 1(1) above, he may—

• (a) stop any person appearing to him to be or to have been engaged in transporting that waste and require that person to produce his authority or, as the case may be, his employer’s authority for transporting that waste; and

• (b) search any vehicle that appears to him to be a vehicle which is being or has been used for transporting that waste, carry out tests on anything found in any such vehicle and take away for testing samples of anything so found.

Failure to produce Waste Carriers Licence (S.5 COPAA) - YesThe offence:

• A person shall be guilty of an offence under this section if he— • (a) intentionally obstructs any authorised officer of a disposal

authority or constable in the exercise of the power conferred by subsection (1) above (power to stop and search vehicles); or

• (b) ……fails without reasonable excuse to comply with a requirement imposed in exercise of that power (e.g. fails to produce the waste carriers licence within the prescribed time period);

Sanctions available:• Power to serve producer• Simple Caution• FPN for failing to produce Waste Carriers Licence (£300)• Prosecution (maximum fine of £5000)

Abandoned and Nuisance Vehicles

• Removal of Abandoned Vehicles - Yes• Removal of Untaxed Vehicles - Yes• Abandonment of a Vehicle – S.2 Refuse Disposal

(Amenity) Act - Yes• Vehicles for Sale on the Highway – S.3 Clean

Neighbourhoods and Environment Act – Yes – Threat Mainly• Vehicles being offered for the sale at the side of ‘A’ roads

– S.147A Highways Act – Yes Threat mainly• Vehicles being Repaired on the Highway – S.4 Clean

Neighbourhoods and Environment Act – No (threaten)

Removal of Abandoned Vehicles

• DMBC has the authority to remove any vehicle that is deemed to be abandoned by an authorised officer.• This incorporates all land ‘open to the air’ (open on at

least one side) including watercourses.• Where a vehicle has been abandoned on private land,

the authority must serve a ’15 day notice’ on the occupier/owner of the land before removing the vehicle.• Vehicles deemed to be of ‘no significant value’ are

disposed of immediately (guide value of £1000)• Vehicles of ‘significant value’ are stored for 7 days and a

notice of intention to destroy the vehicle is served on the registered keeper of the vehicle

Removal of Untaxed Vehicles

• DMBC has devolved powers from DVLA to remove untaxed vehicles from public highways and some private land• Vehicle tax must have expired over 2 months previously

(from Nov 2011)• Where vehicles are untaxed but vehicle tax only expired

between 14 and 28 days previously, DMBC officers issue a CLE2/6 form to the DVLA for enforcement action (usually a £80 FPN)• Where the vehicle tax expired under 14 days previously

no action is taken (this is classed as the grace period)

Abandonment of a Vehicle – S.2 RD(A)A

The offence:

• Abandoning on any land in the open air, or on any other land forming part of a highway, a motor vehicle or anything which formed part of a motor vehicle and was removed from it in the course of dismantling the vehicle on the land

Sanctions available:

• FPN for offence of abandoning a vehicle (£200)• Simple Caution• Prosecution (maximum fine of £2500 and/or 3 months imprisonment)

Vehicles for Sale on the Highway – S.3 CNEAThe offence:• A person is guilty of an offence if at any time— • (a) he leaves two or more motor vehicles parked within 500 metres of

each other on a road or roads where they are exposed or advertised for sale, or

• (b) he causes two or more motor vehicles to be so left.• A person is not guilty if they are not selling the vehicles as part of a

business (e.g. selling their own private vehicle)

Sanctions available:• FPN for exposing vehicles for sale (£100)• Simple Caution• Prosecution (maximum fine of £2500)

Vehicles being offered for sale at the side of ‘A’ roads – S.147A HAThe offence:

• No person shall, for the purpose of selling anything, or offering or exposing anything for sale, use any stall or similar structure or any container or vehicle, kept or placed on—

• (a)the verge of a trunk road or a principal road;• (b)a lay-by on any such road; or• (c)unenclosed land within 15 metres of any part of any such road, where its

presence or its use for that purpose causes or is likely to cause danger on the road or interrupts or is likely to interrupt any user of the road.

• Where its presence or its use for that purpose causes or is likely to cause danger on the road or interrupts or is likely to interrupt any user of the road.

• It shall be a defence for a person charged with an offence under this section to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

Vehicles being offered for sale at the side of ‘A’ roads – S.147A HA

Sanctions available:

• Simple Caution• Prosecution (maximum fine of £1000)

Vehicles being repaired on the Highway – S.4 CNEAThe offence:• A person who carries out restricted works on a motor vehicle on a road is

guilty of an offence.• Restricted works - works for the repair, maintenance, servicing, improvement

or dismantling of a motor vehicle or of any part of or accessory to a motor vehicle and works for the installation, replacement or renewal of any such part or accessory.

• A person is not guilty if the work was not carried out in the course of, or for the purposes of, a business or for gain or reward

Sanctions available:• FPN for carrying out restricted works on a vehicle on the highway (£100)• Simple Caution• Prosecution (maximum fine of £2500)

Graffiti – S.1 Criminal Damage Act

The offence:• A person who without lawful excuse destroys or damages any

property belonging to another intending to destroy or damage any such property or being reckless as to whether any such property would be destroyed or damaged shall be guilty of an offence

Sanctions available:• FPN issued under S.43 Anti Social Behaviour Act 2003 (£75)• U18 reparation Scheme• Simple Caution• Prosecution (sentence dependant of cost of damage)

Graffiti

• Criminal Damage Act 1971• Obliteration of a traffic sign – S.131 Highways Act 1980• Unauthorised marks on the highway – S.132 Highways Act 1980

Unauthorised marks on the highway – S.132 HAThe offence:• A person who, without either the consent of the highway authority for

the highway in question or an authorisation given by or under an enactment or a reasonable excuse, paints or otherwise inscribes or affixes any picture, letter, sign or other mark upon the surface of a highway or upon any tree, structure or works on or in a highway is guilty of an offence

Sanctions available:• FPN issued under S.43 Anti Social Behaviour Act 2003 (£75)• Simple Caution• Prosecution (maximum fine £1000 and £2500 for subsequent

offences)

Dog Fouling and Nuisance

• Dog Fouling – S.3 Dogs (Fouling of Land) Act 1996• Dog Control Orders – S.55 Clean Neighbourhoods and Environment

Act 2005

Dog Fouling- S.3 Dogs (DFOL) Act

The offence:• If a dog defecates at any time on designated land and a person who is in

charge of the dog at that time fails to remove the faeces from the land forthwith, that person shall be guilty of an offence unless—

• (a) he has a reasonable excuse for failing to do so; or • (b) the owner, occupier or other person or authority having control of the land

has consented (generally or specifically) to his failing to do so.• Nothing in this section applies to a person registered as a blind person in a

register compiled under section 29 of the National Assistance Act 1948. • Highways with a speed limit of over 40mph, and land running alongside, can

not be designated under this legislation.

Sanctions available:• FPN for failure to remove faeces forthwith (£50)• Simple Caution• Prosecution (maximum fine of £1000)

Dog Control Orders – S.55 CNEA - ON HOLDPower to create a Dog Control Order:• The Local Authority may make an order providing for an offence or offences

relating to the control of dogs in respect of any land in its area.

Land to which orders apply:• Land which is open to the air and to which the public are entitled or permitted

to have access (with or without payment). • Any land which is covered is to be treated as land which is “open to the air” if

it is open to the air on at least one side

Where a Dog Control Order is made, and land is designated accordingly, the Dogs (Fouling of Land) Act is repealed.

Dog Control Orders – S.55 CNEA

Offences that can be included in a Dog Control Order:• Fouling of land by dogs and the removal of dog faeces • The keeping of dogs on leads• The exclusion of dogs from land • The number of dogs which a person may take on to any land

Sanctions available:• FPN for breach of the Dog Control Order (£75)• Simple Caution• Prosecution (maximum fine of £1000)

New Orders - Existing powers on the left, proposed powers on the right

Fly-posting - Yes (but removal is very effective)• Control of advertisements – S.224 Town and Country Planning Act

1990• Obliteration of a traffic sign – S.131 Highways Act 1980• Unauthorised marks on the highway – S.132 Highways Act 1980

Control of Advertisements – S224 TCPA - YesThe offence:• If any person displays an advertisement in contravention of the regulations

he shall be guilty of an offence.

• A person shall be deemed to display an advertisement for the purposes of that subsection if—

• (a) he is the owner or occupier of the land on which the advertisement is displayed; or

• (b) the advertisement gives publicity to his goods, trade, business or other concerns.

• A person is not guilty of either of the offences above if he proves that:• (a) the advertisement was displayed without his knowledge; or • (b) he took all reasonable steps to prevent the display or, after the

advertisement had been displayed, to secure its removal.”

Control of Advertisements – S224 TCPA - Yes

Sanctions available:• The Local Authority may remove or obliterate any placard or poster

that is in contravention of the regulations• If the poster identifies the person responsible then the Local Authority

must serve notice on that person (usually giving 48 hours to address the matter) before the placard or poster can be removed or obliterated.

• FPN issued under S.43 Anti Social Behaviour Act 2003 (£75)• Simple Caution• Prosecution (maximum fine of £1000)

Obliteration of a traffic sign – S.131 HA - NoThe offence:• If a person without lawful authority or excuse pulls down or

obliterates a traffic sign placed on or over a highway, or a milestone or direction post (not being a traffic sign) so placed, he is guilty of an offence; but it is a defence in any proceedings under this subsection to show that the traffic sign, milestone or post was not lawfully so placed.

Sanctions available:• FPN issued under S.43 Anti Social Behaviour Act 2003 (£75)• Simple Caution• Prosecution (maximum fine £200 and £500 for subsequent offences)

Misuse of a disabled person’s badge - blue badge - YesThe offence:• Road Traffic Regulation Act 1984 117 Wrongful use of

disabled person’s badge.• A person who at any time acts in contravention of, or fails

to comply with, any provision of an order under this Act relating to the parking of motor vehicles. There was displayed on the motor vehicle in question a badge he was using the vehicle in circumstances where a disabled person’s concession would be available to a disabled person’s vehicle,

Sanctions available:

• Surrender of the Blue Badge• PCN (CEO)• Simple Caution• Prosecution (maximum fine £1000)

Public Health Functions

• Nuisance - Yes•Waste in Garden - Yes• Insecure Properties - Yes• Other traditional EH functions - Yes

Section 215 Town and Country Planning Act 1990 - Yes• A Local Planning Authority (LPA) as part of its

legislative powers has the authority to enforce the proper maintenance of land and buildings which it considers adversely affects the amenity of any part of its area or of an adjoining area. This power can thus help to protect the visual amenity of an area. The legislation is contained within Sections 215 to 219 of the Town and Country Planning Act 1990

Section 215 Town and Country Planning Act 1990Sanctions • Can prosecute or do WID or both.• Prosecution – max £1,000 fine (level 3).• Second or subsequent prosecution 1/10th of fine,

for each day following first conviction.• However, relatively low fine given.• Recovery of Costs –WID.• Local Land Charge – notice and expenditure

(recorded).• Enforced Sales Procedure (Court).• Court Bailiffs etc.

S215 Success

• Before After

DMBC 2012/3Issue Complaints/Notices FPNS’s Court Cases Other

Litter   2500 FPN’s 400 Court cases  

Fly-tipping/Waste offences

5500 fly tips per year - 30 notices

50 FPN  25  

Abandoned and Nuisance vehicles

360 complaints 5 FPN’s  0 60 Vehicle Removal

Graffiti   5 FPN’s    Dog Fouling and Nuisance

  60 FPN’s only 3 court cases

   

Fly-posting   2 FPN’s    Waste in gardensS80, S92, PDPA

1500 complaints 500 notices

60 FPN’s 40 WID 30 Court cases

Run down properties/land S215

49 N/A  2 20 WID 

Insecure propertiesLGMPA

51      WID

Noise Section 80 339 Notices None 45 23 Seizures

Lunch and networking

Round Table Discussion

Thank you

For further information on the Network please contact:

rachel.scarisbrick@keepbritaintidy.org

or call on 01942 612 665