Agenda item

That the Panel consider this report which provides a review of the implementation of the Partnership Litter and Fly-Tipping Engagement and Enforcement Strategy which was approved in February 2023  (report of the Assistant Director – Regulatory enclosed).

Consideration was given to the report of the Assistant Director – Regulatory  which asked the Panel to consider a review of the implementation of the Partnership Litter and Fly-Tipping Engagement and Enforcement Strategy which was approved in February 2023.

The Group Manager – Public Protection and the Portfolio Holder for Public Protection were in attendance for the item.

The Group Manager – Public Protection introduced the report which detailed:

·       The impact and performance monitoring of the enviro-crime contract awarded to Kingdom;

·       The Litter and Fly-Tipping Engagement and Enforcement Strategy 2023 at Appendix A; and

·       The Litter and Fly-Tipping Engagement and Enforcement Strategy Action Plan 2023 at Appendix B

Members considered the report and made the following comments:

• Members noted that SHDC had obtained one prosecution for fly-tipping and queried how this compared with Boston Borough Council (BBC) and East Lindsey District Council (ELDC).
  • The Group Manager – Public Protection responded that:
    • Prosecutions fell into two categories:
      • Direct prosecutions, which required evidence and a court process; and
      • Through the issue of fixed penalty notices, after which the matter was considered settled unless they remained unpaid in which case prosecution may follow.
    • Regarding comparisons with BBC and ELDC in 2022/23:
      • BBC reported 10 prosecutions which reflected targeted enforcement by the use of surveillance cameras at known fly-tipping ‘hot spots’ at recycling points; and
      • ELDC had not recorded any prosecutions for that period.
  • The Portfolio Holder for Public Protection stated that the enviro-crime contract with Kingdom had led to an increase in fixed penalty notices and was working well.

• Members asked whether the act of urinating was considered a littering offence.
  • The Group Manager – Public Protection responded that the act of urinating and spitting was legally classified as a littering offence. A pragmatic approach to prosecutions would be taken which would be dependent on the circumstances.

• Members queried the penalties that applied for the dropping of chewing gum and any prevention measures that could be taken.
  • The Group Manager – Public Protection responded that:
    • A fine of £150 for littering could be imposed where such offence had been witnessed;
    • Involvement in national campaigns could be sought, such as through Keep Britain Tidy;
    • Public Protection worked closely with Environmental Services to focus on identified key issues; and
    • SHDC communication campaigns could also focus on the issue.

• Members noted the Dog Fouling Public Space Protection Order (PSPO) included in the Action Plan for 2024/2025, and queried when and where the public consultation would take place; in addition, there appeared to be a lack of public knowledge that dog waste could be placed in general rubbish bins, and therefore could relevant information be placed on the bins.
  • The Group Manager – Public Protection responded that:
    • Discussions would be made with Environmental Services regarding information stickers for bins;
    • The Dog Fouling PSPO would be district-wide and patrols would concentrate on high footfall areas, and where intelligence was received by ward members or members of the public;
    • The PSPO needed to follow a statutory process including a public consultation. It was anticipated that the consultation would include the issue of dog control and the need for dog walkers to evidence the means of dog waste collection/disposal; and
    • The draft policy would be brought to the Policy Development Panel at the 9 April 2024 meeting.

Councillor Slade left the meeting at 20:02hrs and did not return for the remainder of the meeting.

• Members referred to point 2.3 of the report and queried the significant increase in fixed penalty notices issued for the period April 2023 to December 2023 compared with previous periods.
  • The Group Manager – Public Protection responded that the increase was a direct result of the work undertaken by the Kingdom contract which commenced in March 2023. Dedicated officers had concentrated on litter and fly-tipping in the district and this was reflected in the performance figures.

• Members asked for the location breakdown of the 932 fixed penalty notices issued for the period April 2023 to December 2023. Had this been district-wide?
  • The Group Manager – Public Protection responded that:
    • Patrols were district-wide, and the majority of fixed penalty notices were from the towns, and approximately  90 per cent were related to Spalding;
    • Fly-tipping enforcement locations were more wide-spread across the district;
    • Data was collected for fly-tipping reports at ward level and the predominant ward areas for these reports were Crowland, Spalding St Johns, Spalding St. Pauls, Spalding Castle, and Pinchbeck; and
    • A SHDC officer working group was being set up so that cross-departmental intelligence in respect of fly-tipping could be shared.

• Members referred to the increased fly-tipping incidents detailed on page 4 of the Litter and Fly-Tipping Strategy and suggested that longer opening hours of the Spalding Household Waste and Recycling Centre would alleviate the issue.
  • The Portfolio Holder – Public Protection responded that:
    • Longer opening hours would be helpful to residents; and
    • The management of the Spalding Household Waste and Recycling Centre fell under the remit of Lincolnshire County Council and so members needed to direct any feedback on the matter to County Councillors.
  • The Assistant Director – Wellbeing and Community Leadership added that:
    • As business waste could not be collected at domestic waste and recycling centres, it may be useful to include the percentage of fly-tips which related to business waste as part of the data. Any findings may move concerns from the opening hours of the Spalding Household Waste and Recycling Centre to the imparting of advice in connection with private waste collections, some of which had been associated with fly-tipping incidents.
  • The Group Manager – Public Protection added that:
    • The installation of remote CCTV equipment was complex and usually required a power source, but officers and Kingdom were actively looking at suitable locations and options.

• Members referred to the success rate of prosecutions and asked whether more enforcement officers would be employed.
  • The Group Manager – Public Protection stated that the enforcement officers were supplied by Kingdom and that they were looking to recruit another officer for South Holland.

• Members asked whether any fines had been issued as a result of evidence obtained through CCTV footage.

• Members relayed issues from residents where collected business waste was being stored on private property.
  • The Group Manager – Public Protection responded that accumulations of waste stored on private property leading to vermin or health issues could be considered by Environmental Health.

• Members asked whether private waste collection businesses which advertised online were investigated to ensure correct waste carrier licences had been obtained.
  • The Assistant Director – Wellbeing and Community Leadership responded that:
    • Social media was monitored for certain activity however random checking of all potential activity was not viable from a resource perspective;
    • Intelligence received from ward members on this matter was useful;
    • SHDC’s communications to educate the public on legal responsibilities regarding the use of waste carriers was key; and
    • Prosecutions could only follow where criminal activity had actually occurred.

• Members stated that the public needed to be aware not to interfere with any fly-tip contents as this could invalidate evidence.
  • The Group Manager – Public Protection stated that:
    • Where fly-tips were discovered by members of the public, they were urged not to touch the contents but to report and submit a photograph to the council; and
    • Kingdom used bodycams and were trained to deal with hazardous materials so that evidence was safeguarded, and officers protected from harm.

AGREED:

After consideration of the review of the Litter and Fly-Tipping Engagement and Enforcement Strategy by the Policy Development Panel:

a)    That the contents of the report be noted; and

b)    That the comments of the Panel be noted.