Agenda item

There will also be a short presentation by the Head of Environmental Services.

The Executive Member for Community Safety and Environment submitted a report detailing the changes resulting from the Anti-Social Behaviour, Crime and Policing Act 2014 and how the new legislation would affect East Herts’ current environmental crime policies.

The Head of Environmental Services explained that the new legislation covered a wide range of areas and although statutory guidance had been published in July 2014, further guidance was awaited.  The Head of Environmental Services explained that the presentation would focus on aspects of environmental crime.  He reminded Members that there would be a further report to Community Scrutiny Committee in March 2015 by the Head of Community Safety and Health Services in respect of the anti-social behaviour aspects of the new legislation.

The Environmental Inspection Team Manager gave a presentation on the new legislative powers which affected:

·               Littering from cars

·               Clearing litter and waste on land

·               Graffiti and other defacement

·               Controlling dogs.

The Environmental Inspection Team Manager referred Members to Essential Reference Paper “B” which set out the legislative implications for the Council and provided a summary of what was and was not, affected by the legislative changes.

Councillor C Woodward questioned the Council’s ability to deliver the new legislative requirements in terms of resource implications and queried whether some of the new powers could be devolved to Town and Parish Councils which, he suggested, would be in line with the requirements of localism.  The Environmental Inspection Team Manager acknowledged the new powers adding that devolution was something which Officers needed to explore in more detail.

Councillor R Beeching queried whether there could be devolvement of some powers to PCSOs.  The Head of Environmental Services stated that further guidance was needed.  He explained how the fixed penalty warning process and issue worked.

Councillor J Mayes referred to vans being parked on various roads in the District including along the A1170 and a layby in the A120 (near Bishop’s Stortford) which were being used as ‘advertising boards’.  The Head of Environmental Services stated that this related to advertising on the highway, which was not part of the legislation under discussion.  He advised that it may be possible to address the under planning legislation and the matter should be raised with the Head of Planning Services.

Councillor J Ranger referred to the issue of devolving powers to several agencies which might lead to a lack of co-ordination and continuity in the escalation from warning notice to fixed penalty if different Officers dealt with the same individual. The Head of Environmental Services explained the process in so far as Anti-Social Behaviour was concerned and the need to keep a formal record of warnings given to allow other agencies to proceed to the next stage.  The Head of Environmental Services stated that, in relation to Public Space Protection, Notices, these  could be issued by Town and Parish Councils but that only agency partners could issue Community Protection Notices.

Councillor C Woodward reminded Members that the Council had one dog warden covering an area which was a third of the whole county.  The Head of Environmental Services acknowledged that the Council had limited resources and that Officers were stretched in terms of their roles.  He explained the role of the public in terms of reporting dog fouling issues and in coming forward with evidence.  In relation to littering from cars and previous difficulties encountered in securing convictions, the new legislation now held the registered keeper of the car responsible for litter being dropped out of a car.  The Head of Environmental Services referred to the different powers which were now available to the Council.

Councillor E Buckmaster emphasised the advantages of joined up working arrangements in respect of nuisance behaviours arising out of Licensing/Planning decisions.

In response to a query from the Chairman regarding further guidance, the Head of Environmental Services reiterated that he hoped that this would be available for consideration by Members in February 2015, but that would depend upon how quickly the statutory guidance was produced by Government.

Councillor C Woodward suggested that an item on the legislative changes be placed on the annual Parish Council Rural Conference and the new Urban Conference agendas for discussion next time they met.  The Head of Environmental Services said that this would be discussed with appropriate Officers.

The Committee received the report.

RESOLVED – that (A) Officers report back to a future meeting on how legislation and emerging guidance would be implemented by the Council; and

(B)   the Council’s Environmental Crime Policy be reviewed to ensure compliance with legislation and best practice.