Agenda item

Report attached.

Councillor Paul Cox, Deputy Leader of the Council, provided an update on the 12 month pilot agreement on littering and dog fouling enforcement approved by Cabinet on 18^th July 2018 and which commenced on 5^th November 2018.

Councillor Tony Dobson queried whether the income generated by the enforcement company through fines was sufficient to sustain the contract, given that the Council’s 10% share amounted to approximately £3,000.   Councillor Paul Cox responded that some of the fines were still progressing through the courts and that some had been written off.  However, the enforcement company believed that they could fund four enforcement officers.

A written response would be provided to Councillor Dobson in connection with matter of the income available to the enforcement company.

Approval of the report was not deemed a key decision.

Reasons for Decision

Following a review of the Council’s litter and dog fouling enforcement action, Cabinet requested officers to submit a proposal to tackle those irresponsible residents whose actions blemish the local environment.

As there were insufficient resources in-house to undertake a major drive in tackling litter and dog fouling and in line with a wish to have enforcement officers on the ground for the opening of Accrington’s new Town Square, Kingdom Services Group was appointed on a pilot 12 month service level agreement, (a subsequent review of its structure saw the enforcement side of Kingdom changed to ‘LA Support Ltd’).

Enforcement staff were authorised by the Council to issue ‘on the spot fines’ through the use of Fixed Penalty Notices, (FPNs) at an agreed value of £75, with 14 days to make the payment.  Cabinet members requested a 2 week period of public education prior to the first FPNs being issued, to raise public awareness of the need to dispose of litter responsibly and clean up after dogs.

The 12 month pilot agreement would enable the Council to gain a better picture of its long-term operational and resource requirements for a service of this type and allow the Council to procure a service that meets its needs over the longer term.

During the two week education period, four officers undertook 314 hours patrolling the town centre handing out around 500 letters advising offenders they could be issued with a FPN in future.

The table below shows how many PFNs were issued for each of the 11 months of the pilot.  The reasons for the variances can be partly answered by: fluctuating staffing levels; FPN’s only starting to be issued from 19^th November; and no patrols over the Public Holiday periods.

Under the agreement, the Council has access to view ‘live’ information on LA Services recording system.  The report provided statistical information compiled over the pilot period in relation to the following categories:

• Gender/age;
• Ethnicity;
• Number of allocation of PFNs issued;
• FPN Status; and
• Prosecutions.

The report also provided information in relation to the payment process, the policies and procedures for handling complaints and the number and types of cases arising, together with details of the income generated by the service.

The 12 month pilot agreement expires on 4^th November 2019.  However, LA Services are in agreement to continue with the current pilot agreement/arrangements until 31 March 2020.  Extending the pilot agreement would allow sufficient time for a tender exercise to be undertaken for the provision of Litter and Dog Fouling Enforcement Services and would also include the option for enforcement action against litter being thrown from vehicles following new legislation that allows enforcement action to be taken against the vehicle’s registered keeper.

Alternative Options Considered and Reasons for Rejection

The Council no longer undertakes enforcement action against littering and dog fouling.  Not providing enforcement services is not recommended and would reverse the improvements seen in street cleansing as people would quickly become aware there was no longer the potential for being issued with a FPN if they dropped litter or did not clean up after their dog.

Resolved                        (1)   Cabinet approves the continued use of external enforcement services to tackle littering and dog fouling offenders;

(2)   Cabinet agrees to waive the Council’s contract procedures rules and approves an extension to the existing 12 month service level agreement with LA Services up to 31^st March 2020; and

(3)   Cabinet requests the Executive Director (Environment) to undertake a tendering exercise and delegate authority to him, following consultation with the Portfolio Holder, to agree terms with and appoint a suitably experienced external enforcement contractor as set out in paragraphs 3.12 and 3.13 of the report.