Response 854017
Response to request for information
Response date
20 April 2022
Request
- Please state if your council currently employs, or has recently employed, a private company for issuing fixed penalty notices (FPNs) for environmental or anti-social behaviour offences? If so, please state the name of the company.
- Please state the offences for which the private company is contracted to issue FPNs (for example, littering, PSPOs, A-boards, fly posting).
- Please state all FPNs issued by the company in the financial year 1 April 2021 - 31 March 2022. If possible, please state the number and value of the penalties issued, and the offences for which they were issued. (Note, please provide the data in the form in which you hold it; this is not a request for you to carry out independent or new research).
- Please state the nature of the financial arrangement between your council and the company for the issuing of FPNs (for example, the percentage split of issued or paid FPNs, or an hourly rate). Please additionally provide the contract between yourself and the private company.
(Note that the disclosure of contracts is required by Defra Effective Enforcement Code of Practice, p30: ‘Where external contractors are used, the full text of such contracts/legal agreements, should be placed in the public domain by the council…. The Local Government Transparency Code already requires that councils falling under the Code publish contracts over £5,000 and discourages the use of commercial confidentiality clauses to prevent such publication.’
GOV.UK Effective Enforcement). - Please provide the council report that justified the decision to contract the private company for the issuing of FPNs (for example, the report to cabinet or to a scrutiny committee).
- Please state whether appeals of FPNs are considered by the council or by the private company.
- Please state the number of council prosecutions for the non-payment of FPNs issued by the private company in the year 1 April 2021 - 31 March 2022. If possible, please state any amounts awarded to the council as a result of these cases (for example, legal costs and other awards).
- Please state the income received by the private company for the issuing of FPNs on behalf of your council between 1 April 2021 - 31 March 2022.
- Please state the income received by the council resulting from FPNs issued by the private company between 1 April 2021 - 31 March 2022. Please state what this FPN income is used for (e.g. Payment of salaries in the environmental department, particular public projects, street cleaning).
Response
1. Please state if your council currently employs, or has recently employed, a private company for issuing fixed penalty notices (FPNs) for environmental or anti-social behaviour offences? If so, please state the name of the company.
- WISE, Waste Investigations Support & Enforcement Ltd. Company Number 1289439
2. Please state the offences for which the private company is contracted to issue FPNs (for example, littering, PSPOs, A-boards, fly posting).
- Officers from wise have the following authorisations.
- Council including the service of fixed penalty notices (FPNs).
- Environmental Protection Act 1990
- Anti -Social Behaviour Act 2003
- Clean Neighbourhoods and Environment act 2005
- The Highways Act 1980
- The Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018
- The Dogs (Fouling of Land) Act 1996
- Anti-Social Behaviour, Crime and Policing Act 2014
- This include littering, waste duty of care, commercial waste offences (various), fly tipping, fly posting,
- Section 33 Environmental Protection Act 1990
- Section 34 Environmental Protection Act 1990
- Section 46 Environmental Protection Act 1990
- Section 47 Environmental Protection Act 1990
- Section 87 Environmental Protection Act 1990
- Section 108 Environmental Protection Act 1990
- Section 43 Anti-Social Behaviour Act 2003
3. Please state all FPNs issued by the company in the financial year 1 April 2021 - 31 March 2022. If possible, please state the number and value of the penalties issued, and the offences for which they were issued. (Note, please provide the data in the form in which you hold it; this is not a request for you to carry out independent or new research).
|
Offence Group |
Amount £ | Offence Type Count |
|---|---|---|
| Commercial Waste-Commercial Waste FPN | 200 | 4 |
| Commercial Waste-Commercial Waste Notice | 200 | 7 |
| Dog Fouling-Dog Fouling | 1200 | 12 |
| Duty Of Care-Business Duty of Care FPN | 1200 | 30 |
| Duty Of Care-Household Duty of Care | 2400 | 11 |
| Fly Tipping-Fly Tipping Business | 2800 | 7 |
| Fly Tipping-Fly Tipping Domestic | 10800 | 53 |
| Littering (Waste)-Cardboard | 200 | 2 |
| Littering (Waste)-Dumped Waste (Domestic) - Other | 100 | 1 |
| Littering-Bag containing Dog Faeces | 300 | 3 |
| Littering-Black Bag - Domestic | 100 | 1 |
| Littering-Bottle | 400 | 4 |
| Littering-Bottle Top | 100 | 1 |
| Littering-Chewing Gum | 1000 | 10 |
| Littering-Cigar | 200 | 2 |
| Littering-Cigarette Butt | 118200 | 1282 |
| Littering-Confectionary Packs | 400 | 4 |
| Littering-Discarded Food | 100 | 1 |
| Littering-Food Wrapper | 1500 | 15 |
| Littering-Other Litter | 3400 | 34 |
| Littering-Packaging | 1000 | 10 |
| Littering-Printed Literature | 300 | 3 |
| Littering-Rolled up cigarette | 32900 | 344 |
| Littering-Scratch Card | 200 | 2 |
| Littering-Snack Packs | 300 | 3 |
| Littering-Soft Drink Bottle | 1000 | 10 |
| Littering-Soft Drink Can | 600 | 6 |
| Littering-Sweet Wrapper | 500 | 5 |
4. Please state the nature of the financial arrangement between your council and the company for the issuing of FPNs (for example, the percentage split of issued or paid FPNs, or an hourly rate). Please additionally provide the contract between yourself and the private company.
(Note that the disclosure of contracts is required by Defra Effective Enforcement Code of Practice, p30: ‘Where external contractors are used, the full text of such contracts/legal agreements, should be placed in the public domain by the council…. The Local Government Transparency Code already requires that councils falling under the Code publish contracts over £5,000 and discourages the use of commercial confidentiality clauses to prevent such publication.’
5. Please provide the council report that justified the decision to contract the private company for the issuing of FPNs (for example, the report to cabinet or to a scrutiny committee).
- There was no procurement exercise as this was and remains a trial exercise to establish the viability of a permanent service at which time it will be formally procured in accordance with the Councils standing Orders. No committee approval was necessary, this is a trial.
6. Please state whether appeals of FPNs are considered by the council or by the private company.
- Appeals are undertaken by the company
7. Please state the number of council prosecutions for the non-payment of FPNs issued by the private company in the year 1 April 2021 - 31 March 2022. If possible, please state any amounts awarded to the council as a result of these cases (for example, legal costs and other awards).
- As of 3 March 2022 there were 58 cases with the Court, of these 7 had been heard and concluded, the remainder were still backlogged in the system.
8. Please state the income received by the private company for the issuing of FPNs on behalf of your council between 1 April 2021 - 31 March 2022.
- £114,536.25
9. Please state the income received by the council resulting from FPNs issued by the private company between 1 April 2021 - 31 March 2022. Please state what this FPN income is used for (e.g. Payment of salaries in the environmental department, particular public projects, street cleaning).
- £7,911.25, Income derived is ring-fenced for functions to keep the borough clean and its enforcement (including officer time)