Agenda item

RLeBrun took the report as read and provided an overview of Q3.  The period saw the local Test and Trace service set up to support the national service and take up to 240 cases per quarter, though this far exceeded by going up to 1,093 cases and meant resources were pulled from the wider Environmental and Community Protection team to handle this and impacted other areas.  The local service was suspended on 17th December 2021 and the national service took on the model. 

Looking at large cases, RLeBrun confirmed RB Fencing was ordered to pay a fine of £6k due to using council land.  Dacorum Sports Trust pleaded guilty at Crown Court on safety offences on 29th November following climbing incidents and warnings not being heeded.  They were fined £33,333 plus a victim surcharge and £41k council costs.

RLeBrun noted the business continuity plan refresh to take on lessons learned. 

On animal welfare, 4 dogs were seized, 1 of which died and 3 were rehomed.  A 12-month community order was served with 100 hours of unpaid work, £300 of costs and £95 victim surcharge.  Overall, 3 cases were reported, and all 3 owners were disqualified from keeping animals for life.

The Littering and Public Space Protection Order pilot was launched on 1st November.  During this time, enforcement officers patrolled 974 hours covering all wards and issued 6 fixed penalty notices. 

Cllr Silwal commented on item 2.5 of the report and the 66 accidents reported, asking if these were all of the accidents or incidents and if assessments were up to date.  RLeBrun confirmed the risk assessment has been checked to ensure it is fit for purpose and Corporate Health and Safety also received a copy of the investigation report to ensure lessons are learned and documents are updated as required.  It was confirmed that this was done on all internal accidents and incidents reported.

Cllr Wyatt-Lowe referred to the prosecution of Dacorum Sports Trust and asked what follow-up actions are being taken to prevent this from occurring again.  RLeBrun advised that prohibition notices have been served and that officers have performed a number of follow-up visits and spot-checks to ensure the company’s procedures and policies are suitable going forward.  Spot-checks are still taking place and the prohibition notice is still in place for free climbing in this facility, so any further incidents would go back to a prosecution.  RLeBrun stated that he doubted free climbing would ever be permitted in the facility and that the prohibition will remain in place. 

Cllr Harden noted the district enforcements as listed on page 18 of the report and asked how success is being measured.  RLeBrun advised that this forms part of the pilot to see which areas are seeing improvements and that, going forward, they will monitor litter levels, litter complaints, public consultations, and understanding if litter remains a problem across areas.  RLeBrun confirmed the report on the pilot scheme would be provided to the Committee in June.  Cllr Harden voiced concerns on the negative impact on DBC with regards to people penalised for dropping litter and noted that he was building up a case of individuals who have been unfairly penalised by officers.  It was noted that part of the pilot is to establish how to measure success and how KPIs would follow such a contract, and that the police have commented there is a reduction in litter and issues with dog fouling.  The response on social media has been widely complimentary and it is felt that very few people now litter or allow dogs to foul in open spaces, and therefore action is appropriate.  All complaints around fixed penalty notices have all been fully investigated and body cams are reviewed with no complaints upheld. 

Cllr Birnie noted his disappointment that the report did not include information about complaints being reviewed, stating that the public should not feel persecuted and they should know how many complaints are received.  It was noted that this level of detail would be provided as part of the Q4 report. 

Cllr England referred to item 5.6 and district enforcement, noting that Keep Britain Tidy state that 79% of sites have no cigarette waste but the proportion of all litter where fixed penalty notices are issued is at least 95%, and asked why there was a mismatch on the fixed penalty notices given and the litter they are tackling.   RLeBrun advised that Keep Britain Tidy state that 79% of streets have cigarette litter and that there is no specific figure of how much litter overall is caused by cigarettes.  RLeBrun noted the issues caused by cigarette litter and that the majority of action happens to be against this litter.  Cllr England challenged this, stating that 95% is an overwhelming majority and that if the portfolio holder feels that 95% of the litter problem faced by Dacorum is caused by cigarette waste then this should be stated, otherwise enforcement should not take advantage of the easy availability of targets.  Cllr Banks stated that there will be movement in the provided figures and the breakdown will change. 

Cllr Banks reported that 4.5 trillion cigarette butts are thrown away worldwide each year and cause extensive damage. Cllr Birnie suggested that Cllr England was not arguing about the damage caused by cigarette butts but was instead querying the figures, and that the report at the next meeting may provide the relevant figures. 

Cllr England asked if the portfolio holder would stand by the assertion inherent in the policy that cigarette butts are 95% of the problem.  Cllr Birnie said that they do not have the full-year figures at this point.  Cllr Banks stated that she stands by her comments made at full Council. 

Cllr Harden asked if body cam footage has to be recorded for the issuing of every fixed penalty notice.  RLeBrun confirmed that body cams would be switched on when someone is approached, and if a complaint is issued, all aspects are reviewed.  Cllr Banks added that body cams do not capture the offence and just capture the individual, as per the contract, to help substantiate the penalty notice. Cllr Harden noted that it therefore captures the altercation and that the majority of cases are therefore one person’s word against another, adding that he would like evidence of the offence also captured. Cllr Banks responded that the actual incident would rarely be captured.

Cllr Wyatt-Lowe asked what the arrangement is for the sharing of fines generated.  Cllr Banks confirmed the pilot contract has a 50/50 split between the council and the district enforcement agency.  Cllr Wyatt-Lowe commented that the policy is in place due to concerns from the public regarding litter and that therefore any action would be worth pursuing, adding that she hoped to see a long-term change in people’s habits and that they could monitor the policy’s effectiveness through a reduction in litter being dropped. 

Cllr Stevens suggested that funding be put into ensuring appropriate bins are installed in the relevant areas.  Cllr Birnie clarified that Cllr Stevens was suggesting that some of the proceeds of fines should be put into installing more bins.  Cllr Banks stated that they were not in a position to forward-plan funding given that this is a pilot but that she would take on the recommendation should the programme continue.

Cllr Foster asked if enforcement officers also pick up litter.  Cllr Banks confirmed that picking up litter is not part of the contract and is the responsibility of Clean, Safe and Green collectors.

Cllr Foster asked if littering figures are provided to the public. Cllr Birnie reminded Cllr Foster that this is currently a pilot project and that no reporting will be made available to the public until the end of the pilot. Cllr Banks added that there has been a large amount of publicity about the pilot. 

Cllr Foster noted that young people could not be fined and asked if enforcement officers still approach them.  Cllr Banks confirmed that minors are not challenged by enforcement officers though they do engage with young people through school and college visits with any prosecutions handed to the police. 

Cllr Foster asked if enforcement officers have targets to reach.  Cllr Banks advised that enforcement officers do not have targets and that there are no penalties or incentives in place. 

Cllr England asked if the pilot hopes to reduce litter, change habits or earn revenue, and if a map of all key problem areas within the borough will be made available at the end of the pilot.  Cllr Banks confirmed that the purpose of the pilot is to keep streets clean and to address the issue proportionately.  Cllr Banks stated that mapping litter was not part of the project but that there was likely to be intelligence around this.  RLeBrun added that they already capture how many notices are issued in each ward and they have an overview of problem areas, which is being fed into understanding where further education and signage is required. 

Cllr Harden queried the minimum age that fixed penalty notices could be issued.  RLeBrun confirmed that this is 18 and above, and whilst legislation states it can be 10 years and above, but they do not wish to take this route. 

The report was noted.