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

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Presentation on theme: "Welcome to the Network Legal event - ‘To enforce of not to enforce’"— Presentation transcript:

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

2 Jennifer Watts Network Legal Expert Setting the scene on enforcement.

3 INTRODUCTIONS

4 GETTING TO KNOW YOU Name Local Authority Role Enforcement Policy?? Scenario?? Challenge!

5 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

6 Enforcement Concordat ‘Ultimately the concordat contributes to the economic vitality of our local communities. With compliance made easier, and with enforcers able to focus their resources on businesses who break the law allowing law-abiding businesses 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

7 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.

8 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

9 Fixed Penalty Notices The Local Approach – is it broad enough? Effective Campaigning? Education – encourage behaviour change? Decent Services? FPN?

10 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?????

11 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.

12 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.

13 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

14 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

15 Keep Britain Tidy Enforcement Academy Launch 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

16 Keep Britain Tidy Enforcement Academy Benefits; 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!

17 Network Event Enjoy!

18 Wakefield Council – Enforcement by Craig Heppinstall Team Manager Anti-Social Behaviour Unit

19 SUPER LEEDS UNITED! Leeds United's Jermaine Beckford celebrates scoring the winner against Manchester United to put the champions out of the FA Cup

20 Overview Overview of service Anti-social behaviour (area working, The Hub and ASBAT – Anti-Social Behaviour Analytical Tool) Environmental enforcement Future development Questions

21 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

22 Anti-Social Behaviour Unit - 2013 6 ASB Case Officers 2 Dog Wardens 10 Environment Officers Gypsy Traveller Liaison Officer

23 Anti-Social Behaviour – A new way of working

24 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)

25 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

26 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

27 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

28 6 Month Review 3 times more vulnerable/repeat victims identified through additional research and call backs 24% decrease in ASB calls across the district

29 Current Stats

30 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

31 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

32 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

33 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

34 Case Study: South Hiendley Common

35 South Hiendley Common Pro’s: Area of natural beauty Home to diverse range of wildlife Utilised by residents on a daily basis for exercise and leisure activities Cons: Fly-tipping hot spot Off road vehicle nuisance General anti-social behaviour

36

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

38 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

39 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

40 Projects

41 Fixed Penalty Notices (April 12 – March 13) Littering - 586 Dog fouling - 38 Fly-posting - 138 Commercial waste - 17 Domestic waste - 2 Litter clearing - 132 Failure to produce waste carriers licence - 12 Failure to produce waste transfer notes - 9

42 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

43 Questions?

44 Enviro-crime “To enforce or not to enforce?” Mark Benton DMBC Envirocrime Officer

45 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

46 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.

47 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.)

48 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!

49 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.

50 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)

51 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

52 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

53 Street Litter Control Notice EPA S94 - No The 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

54 Interference With Waste Sites And Receptacles EPA S60 - Yes The 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] ;f1 Sanctions Available Simple Caution Prosecution £10000

55 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

56 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)

57 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

58 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

59 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.

60 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)

61 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)

62 Storage and presentation of Household Waste (S.46 EPA) – Yes - Carefully Legal 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.

63 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

64 Storage of Commercial Waste (S.47 EPA) Yes link with S92 Legal 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.

65 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)

66 Waste Carriers Licence (S.1 COPAA) - Yes The 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)

67 Failure to produce Waste Carriers Licence (S.5 COPAA) - Yes Legal 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.

68 Failure to produce Waste Carriers Licence (S.5 COPAA) - Yes The 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)

69 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)

70 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

71 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)

72 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)

73 Vehicles for Sale on the Highway – S.3 CNEA The 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)

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

75 Vehicles being offered for sale at the side of ‘A’ roads – S.147A HA Sanctions available: Simple Caution Prosecution (maximum fine of £1000)

76 Vehicles being repaired on the Highway – S.4 CNEA The 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)

77 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)

78 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

79 Unauthorised marks on the highway – S.132 HA The 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)

80 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

81 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)

82 Dog Control Orders – S.55 CNEA - ON HOLD Power 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.

83 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)

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

85 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

86 Control of Advertisements – S224 TCPA - Yes The 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.”

87 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)

88 Obliteration of a traffic sign – S.131 HA - No The 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)

89 Misuse of a disabled person’s badge - blue badge - Yes The 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)

90 Public Health Functions Nuisance - Yes Waste in Garden - Yes Insecure Properties - Yes Other traditional EH functions - Yes

91 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

92 Section 215 Town and Country Planning Act 1990 Sanctions 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.

93 S215 Success BeforeAfter

94 DMBC 2012/3 IssueComplaints/NoticesFPNS’sCourt CasesOther Litter 2500 FPN’s400 Court cases Fly-tipping/Waste offences 5500 fly tips per year - 30 notices 50 FPN 25 Abandoned and Nuisance vehicles 360 complaints5 FPN’s 060 Vehicle Removal Graffiti 5 FPN’s Dog Fouling and Nuisance 60 FPN’s only 3 court cases Fly-posting 2 FPN’s Waste in gardens S80, S92, PDPA 1500 complaints 500 notices 60 FPN’s40 WID30 Court cases Run down properties/land S215 49N/A 220 WID Insecure properties LGMPA 51 WID Noise Section 80339 NoticesNone4523 Seizures

95 Lunch and networking

96 Round Table Discussion

97 Thank you For further information on the Network please contact: rachel.scarisbrick@keepbritaintidy.org or call on 01942 612 665


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