Report to Follow
Minutes:
EWalker presented the report and summary of work carried out by district enforcement in relation to PSPO and littering enforcement during the 12-month pilot contract, noting that the purpose of the report was to give recommendations in relation to extending or entering into a longer-term contract. During 2021-22, the council's enforcement team dealt with over 3,000 reported environmental crime issues including 1,587 fly-tipping reports, 1,500 abandoned vehicle reports, and other investigations such as commercial waste issues and illegal disposal through burning. The team is currently made up of 1.83 full-time environmental enforcement officers and 1 temporary member of staff, which does not allow for patrols for low-level crime such as littering and dog fouling.
Looking at the 12-month pilot, EWalker advised that they were only looking at 10 months of data, and confirmed that 3,159 fixed penalty notices ("FPNs") have been issued, of which 3,149 were issued successfully and the remaining 10 were cancelled at source by District. 2,325 FPNs have been paid and 643 have been cancelled or written off by district enforcement, and 195 remain unpaid. Of the unpaid FPNs, 153 have been progressed through court and the remaining 42 cases are currently progressing through court. All cases have been concluded and all found in favour of the council.
EWalker noted that there have been challenges on representations made on the FPNs served by the company with 414 for representations. 106 have been accepted, with reasons for acceptance including medical representations, such as mental health reasons for behaviour, were under age or there was an officer conduct issue. 308 were declined with the general reason for decline being that they were unaware it was an offence, there were no signs, or there was an invalid complaint regarding conduct. 1 case was referred to DBC and this was declined due to unsubstantiated allegation of harassment with no evidence to prove the case.
District have carried out a number of educational campaigns and have produced an educational package for primary schools, and are now working on a package for lower secondary school age. District have been active in all wards and have engaged with members of the public, they have also worked with the Environmental Awareness Team and took part in the Great British Spring Clean. Some sports fields and pitches have also been targeted. District enforcement have also worked closely with Box Moor Trust who approached the Council for assistance to deal with littering, dog fouling and dog control on their land, resulting in positive feedback from the Trust. Over the coming months, district enforcement plan to hold an educational stall at Berkhamsted Market.
Looking at income share, EWalker confirmed that the Council has received 22% for FPNs, totaling £37,272 over the first 9 months of the contract, and the FPN payment rate is currently 73%. Some partners have been asked for testimonials, and Neighborhood Inspector Jeff Scott has given generally positive feedback, and whilst there have been some concerns raised by some officers regarding a lack of discretion around serving FPNs, he is supportive of the work continuing. Parks and Open Spaces Officer Rob Cassidy has described officers from district enforcement as a 'godsend' with his only negative feedback being that there aren't enough officers. Gail Buckland has stated that she is keen to support the introduction of PSPO enforcement officers within the town centre and Chris Connelly from Clean, Safe and Green has stated that he is seeing District having a positive impact on the issue of littering in the area. Peter Ablett of the Box Moor Trust has stated that he is delighted by the Council's application of officers and the continuing support of officers, he has also stated that district enforcers are helping ensure a space where respected dog walkers can enjoy their visits.
EWalker confirmed that they raised an issue through their contract management meetings regarding FPNs being incorrectly awarded to some wards. This issue has now been rectified and all figures provided in the report are 100% accurate. EWalker advised that the issue affected a very small number of FPNs.
EWalker advised that the pilot has highlighted areas that require additional restrictions, noting that the National Trust have approached the Council and would like to be considered to be part of the PSPO for dog control, which the team are now looking into. EWalker noted that they also need to consider the processing of juvenile offenders and are producing operational guidance regarding 12- to 17-year-olds. There have been a small number of repeat offenders in this age group and therefore guidance will be produced in line with other councils on how to approach this. There is also a consideration regarding by-laws at Council.
EWalker presented the current options available, noting that the first option would be to not extend the contract. EWalker noted that the size of the team means there is no ability to take on further enforcement work and there is no capacity to take on littering. A lack of enforcement in this area could mean that these rules are not adhered to so will return to higher levels of low-level environmental crime. The second option would be to continue the delivery of the same service in-house, which has been costed at approximately £500,000, a breakdown of which is set out in Appendix 4. EWalker stated that the risk of in-house delivery would be that they don't generate enough income from FPNs to cover costs of delivery and the number of FPNs would need to be doubled. Option 3 would be to continue to offer the contract for external enforcement, which currently is at zero cost to the council and provides a small income. EWalker confirmed that there are no targets set in terms of enforcement action to be taken and there is no intention to introduce this. Based on the current pilot model, a further 48 months would require 4 full-time officers to provide 7-day borough-wide coverage as well as environmental awareness campaigns.
EWalker noted that there has been a significant impact on the legal team and costs are added for cases that are taken to court through the single justice procedure to cover legal services time, and the court will then decide if the guilty party should pay those costs. On risk implications, EWalker confirmed there is a risk for not undertaking enforcement as crime could encourage further crime and disorder. On sustainability, district enforcement aims to be carbon neutral by 2030 and is also looking at intelligence-led patrolling to help reduce mileage. Borough residents are also employed for its local enforcement team and therefore provides social value through employment and training opportunities.
EWalker summarised that providing the service in-house would present a significant financial risk to the council and cause adverse pressure on service delivery standards. Officers therefore recommend that they proceed with option 3 and that the contract with District be extended up to 48 months.
Cllr Beauchamp commented on 2,432 offences occurred in Hemel Hempstead town, noting that this was not surprising given the focus of the work was on this area, and stated that if they decide to proceed with option 3 then more officers will be required. It was noted that there are currently 4 enforcement officers with 1 team leader and it's a cost neutral contract so they would need to approach them on providing further officers. EWalker added that if they expand the remit, they would have a stronger case to bring on more officers, though they are a commercial entity and will provide as many officers as they feel will bring in the income they require.
Cllr Beauchamp noted that the main criticism from those served notices is regarding a lack of signage where cycling is not permitted, and this is a particular issue in The Marlowes given the number of entrances. It was noted that signage will soon be updated to fit in with the electric scooter park in the town centre and extra signs have been ordered to cover all entrances. The signs are currently being produced and should be implemented within the coming weeks.
Cllr Beauchamp commented on the 10-metre boundary around the playground in Gadebridge Park, stating that it is difficult for people to understand where 10 metres starts and that it is difficult for dog walkers to control dogs when off the lead and prevent them from entering the 10-metre barrier. It was confirmed that the boundary is 3 metres and that the park was designed to not have fencing around. District enforcement are using their discretion in the event of a dog being off the lead and owners are giving a warning, though signage can be revisited. Cllr Beauchamp noted that very few people visit the northern end of Gadebridge Park and that there would be an option to enforce dogs on leads around the playground and allow them to be off the lead in another area. EWalker advised that this could be looked at as part of the 3-year renewal cycle of the PSPO.
Cllr Beauchamp stated that he believed the PSPOs to be a great asset to the town and that he supported the renewal of the contract.
Cllr Harden queried why some areas could not be adjusted under the 1-year pilot rather than waiting for the 3-year review. EWalker explained that the contract is enforcing the rules made as a council, some of which have been adjusted to include electronic vehicles. Rules can be reviewed at any point in the cycle, though the report is currently looking at enforcement of rules already made. Changing the PSPOs would require public consultation. Cllr Harden asked if they could change the remit of what they want district enforcement to do within the contract before the contract is up for renewal. It was stated that adding items in could change the remit of the contract.
Cllr Foster commented that the work is currently very Hemel Hempstead centric and asked if all primary schools in the borough have received the educational package. It was confirmed that the environmental package has gone to all environmental awareness officers and it would be checked if it has gone to primary schools beyond Hemel Hempstead. It was noted that the team look at all wards and where most complaints take place, and district enforcement will then target certain areas for a set amount of time per month, and leafletting will target areas that the team are focusing on.
Cllr Foster stated that 4 officers was not enough and suggested that they have at least 1 officer per market town. EWalker responded that they need to be realistic regarding the resources and that the contractor also need to cover their costs. It was noted that the team will target busier areas as this is where there is greater footfall. Cllr Foster asked if there would be an option for more officers in the future.
Cllr Harden interjected and asked if councillors had the opportunity to report concerns within a specific ward area, noting that if concerns are raised then there would be a targeted enforcement. It was noted that a complaint would first have to be made. EWalker advised that if officers don't find evidence of an issue then they will not keep returning to the same area, though if they witness patterns then they will focus their resources in a way that will have the most impact. EWalker added that councillors could report any issues and they would endeavor to ensure that they are resolved.
Cllr Foster commented that the objective of the work is to reduce littering though there is no quantity of analysis on whether this is being addressed. It was noted that Clean, Safe and Green do not have the facilities to separate what they collect from littering. Cllr Foster stated that she would expect to see quantitative analysis. RLeBrun stated that it was virtually impossible to show that any one area of enforcement can reduce litter and that litter is not measured. Cllr Foster suggested that they could have looked at the number of people fined before and after enforcement officers were brought in. RLeBrun stated that this would require the same number of people going into the town centres and would not be a scientific approach. Cllr Foster commented that they could look at the effect of targeted advertising. EWalker confirmed that they do communicate prosecution cases for non-payment of FPNs. Cllr Foster stated that this should be advertised at areas such as bus stops. RLeBrun remarked that they need to consider how much money should be spent on telling people not to drop litter, adding that they are looking at better localised targeting.
Cllr Foster noted that the project could not be validated quantitatively, adding that another trial period should be carried out to provide quantitative measurements. It was commented that they would not reach a point where they have this data given that the baseline is further changing. It was noted that there was a higher amount of litter in Q1 when the pilot was introduced and this reduced over Q2 and Q3, suggesting that the pilot has been successful. It was noted that there may be peaks during larger community events and that this will then drop again, and that it would be difficult to quantify the amount of litter picked.
Cllr Timmis noted her support for the project. Cllr Timmis highlighted the time spent in Watling ward and that it did not have any offences registered, commenting that this seemed unlikely. EWalker advised that the report looks at littering offences caught by district enforcement officers, and that fly-tipping, which is a significant issue in the ward is not covered by the scope of the report. EWalker added that targeted campaigns regarding dog fouling have taken place in Watling ward though they are yet to catch anyone. EWalker commented that patrols will help act as a deterrent. Cllr Timmis stated that it would help to have a bin close to the main areas where dogs are walked. EWalker confirmed that this would be taken back to the team.
Cllr Timmis queried if it would be useful to have leaflets in community centres and if local councillors should be informed when enforcement officers are coming to their area. Cllr Timmis suggested that secondary schools should definitely be targeted given the mess that teenagers can leave behind. EWalker confirmed that the educational package is being produced for secondary schools and agreed that the team could look at more communication. On notifying councillors, EWalker agreed that this could be looked at.
Cllr Banks declared an interest, stating that she is an employee of Grovehill Neighborhood Association and was also employed by Woodhall Farm Community Association. Cllr Banks confirmed that leaflets have been put into all community centers.
RLeBrun agreed that education packs need to go into secondary schools, stating that they initially target primary schools to reach children as early as possible. On communication, RLeBrun noted that some places are starting to advertise the number of FPNs that have been issued in an area, though this can backfire as FPNs can only be issued when someone is caught. Cllr Timmis stated that the focus should be on enforcement officers coming to an area and that they could increase awareness around this. Cllr Banks queried if the alert should be before or after officers have visited an area. Cllr Timmis commented that an alert beforehand would ensure people consider their actions. Cllr Harden stated that they could put up signs noting the number of people prosecuted in a particular area. RLeBrun agreed that this would work in high footfall areas, whereas they could look at Dacorum-wide data for quieter areas.
Cllr Wilkie commended the report. On warning people, Cllr Wilkie commented that people slow down when they are informed there are speed cameras, and therefore warning could be beneficial. Referring to Cllr Foster's comments regarding the purpose of the trial being to test its efficacy, it was acknowledged the difficulty regarding providing this data given the number of variables. EWalker clarified that this would make it challenging to attribute any one change to any particular issue. Cllr Wilkie commented that, whilst helpful, the testimonials are only anecdotal and she was therefore concerned regarding committing to a further 48 months. Cllr Wilkie confirmed that she was in support of an extension, though she would prefer a 12-month extension to see a year-on-year comparison. EWalker queried what data they would expect from the project. Cllr Wilkie stated that officers should advise them on this.
Cllr Wilkie remarked on the focus on Hemel Hempstead and stated that they would need to be mindful of this when presenting the project to residents as Dacorum-wide.
Looking at the anecdotal evidence from the police, Cllr Wilkie noted that some concerns were raised regarding discretion and asked how this would be addressed should the contract continue.
Cllr Wilkie commented that she broadly supported the scheme, though she was hesitant to recommend it for a further two years given the current data and would rather recommend it for a further 12 months to allow officers to return and provide a year-on-year report.
Cllr Wyatt-Lowe commented that the council were taking action following the number of complaints from residents regarding the levels of littering around the town, and that the number of FPNs being issued highlights that they are responding to concerns. Cllr Wyatt-Lowe noted that people protesting tickets becomes headline news and stimulates debate amongst the public, and therefore she did not agree that residents were unaware of the scheme. Cllr Wyatt-Lowe confirmed her full support of the proposal to continue with the scheme providing that it remains on the current terms and they do not incur costs.
Cllr Wilkie responded to Cllr Wyatt-Lowe's comments, noting her support of the scheme, and reiterated that the purpose of the trial is to test its efficacy and that councillors had been informed there was no way to do this. Cllr Wilkie clarified that her comments, adding that they may see more residents unable to pay fines as a result of the cost of living crisis. Cllr Wilkie stated that she would be more confident with a year-on-year review. Cllr Wyatt-Lowe replied that the number of FPNs issued helped demonstrate that there is an issue regarding litter. Cllr Wilkie responded that efficacy would be shown through reducing what they want to reduce and that this could not be proven. Cllr Wyatt-Lowe commented that residents were happy to see the council responding to the issue and Clean, Safe and Green's anecdotal evidence that they are seeing improvements was also noted.
Cllr Banks noted the impact of the cost of living crisis on residents, stating that if people contact district enforcement directly then they can come up with a payment plan. EWalker confirmed there, stating that payment plans have been set up for those struggling to pay.
Cllr Harden referred to the report and challenged there being no reduction for an earlier payment as it is not financially beneficial to the company. Cllr Harden also queried who creates the offence titles and why ethnicity was included within the report and what would be done with this information. On the list of offences, it was noted that this was set up by District and is used by all authorities. Cllr Harden queried the title 'other litter'. RLeBrun advised that this is often used when more than one type of littering offence has occurred.
Cllr Harden encouraged a reduction for early repayment. EWalker stated that bringing this in would mean they would be unable to attract companies to deliver the service. RLeBrun added that early discounts tend to be offered on higher fines and are not offered on lower fines of £80, therefore councils tend to increase the fine to then allow for an early discount rate. RLeBrun advised that Three Rivers has fines of £150 and therefore the £80 rate would be seen as the discounted rate by others.
On the data regarding ethnicity, EWalker advised that this data is provided to them and that they check for any skewing of data. RLeBrun added that this data is helpful for highly diverse boroughs as certain communities will require different communication methods.
Cllr Rogers declared an interest, noting that he is a market researcher. Cllr Rogers stated that whilst Cllr Wilkie's comments regarding year-on-year comparisons was valid, he noted that there may be a number of variables, such as more littering during a particularly hot summer. Cllr Rogers commented that he would be in favour of a full-year trial to help see trends, adding that the third-party are there to make a profit rather than hit the council's targets. Cllr Rogers recommended that the contract run for 4 years to help provide greater trend analysis. Cllr Wilkie thanked Cllr Rogers for his points, adding that her concern was that the contractor was making money from their residents. Cllr Wilkie noted the focus on Hemel Hempstead and that the large majority of FPNs were regarding cigarettes, which would suggest that all bins require cigarette bins. Cllr Wilkie commented that this project should focus on education and making adjustments, stating that her concern is fining people a day's salary.
Cllr Wilkie queried if the contract had to be extended two years at a time. EWalker confirmed that the contract is 12 months plus an additional 48 months. Cllr Harden commented that the project is targeting the minority of residents who don't feel littering is an offence. Cllr Harden stated that the fine remains high and asked how much they could control the balance between officers issuing warnings rather than fines and issuing fines to help make a profit. EWalker acknowledged the point, noting that the majority of residents will not encounter district enforcers as they don't litter or carry out antisocial behaviour, and that poorly kept areas will attract further environmental crime. EWalker confirmed that they are not looking to make money from residents and that they are addressing the core behaviour of the few for the benefit of the many, and an element of this will be through enforcement. It was noted that stub-out bins are available and that officers provide stub-out pouches to members of the public.
A comment was raised regarding informing local councillors, stating that this could allow councillors to highlight areas where there are particular issues. A further comment was made regarding the focus on Hemel Hempstead and that this was proportionate given the footfall and where the majority of issues occur. The councillor continued that the issue regarding cigarette butts mainly happens around litter bins and that providing more bins may not address the problem.
Cllr Timmis asked if the focus would continue to be on Hemel Hempstead. Cllr Harden stated that the largest footfall will be Hemel Hempstead town centre. It was noted that the main PSPO for Dacorum is based in Hemel town centre to address further issues. Cllr Harden referred to Cllr Foster's earlier comment and that specific concerns should be highlighted to officers to allow for a review to take place.
Cllr Timmis noted Cllr Wilkie's comments regarding quantifying data from the trial and suggested that the evidence of success be measured by 10-month periods. If there is a reduction in the number of prosecutions and people stopped then this would suggest that the project is successful. Cllr Harden confirmed that they could not influence the 48-month decision given that the contract is based on a 12-month pilot plus 48 months.
Cllr Harden noted concerns around the discretion of officers and acknowledged that this had been addressed. Regarding there being no evidence of an offence committed, Cllr Harden noted that body cameras will start when interaction occurs and that this will be based on the officer's word. On there being no right to clear litter before charge, Cllr Harden stated that no charge should be given if the litter is cleared up. On removal of litter, Cllr Harden stated that he was unsure if the officer or person had picked up the litter at all during the process. Cllr Harden also noted impact on the charitable sector due to the support of individuals due to the loss of funds by extortionate penalty. RLeBrun advised that the legislation regarding litter is that it is left on the ground and there is no guidance that if they pick it up then you don't have to issue a fine as the offence is committed when the person walks away. With regards to evidence, RLeBrun agreed that they are reliant on the officer's word, stating that they have to be able to rely on the evidence provided. RLeBrun confirmed that there is guidance around dealing with vulnerable people and that this is always taken into consideration. Operational guidance will help improve the service and address any particular concerns. RLeBrun advised that people are treated consistently and that officers are performing a role that is unlikely to receive a positive reaction.
RLeBrun commented that each piece of litter has to be cleared up at the public's expense, and by fining those responsible, it is targeting those who are causing everyone else to pay money and diverting this money away from other services. RLeBrun acknowledged that the fine may seem harsh, but that fines wouldn't be issued if people don't litter.
Cllr Harden thanked officers for their report and responses.
The Committee agreed with the officers' recommendation to extend the contract.