Phil Carver, Strategic Lead Enforcement and Community Protection, presented the report which provided Members with the opportunity to review the performance, service achievements and future priorities for the Environmental Enforcement Team. Members were referred to the increase in maximum fines for Fixed Penalty Notices made by Government, with effect from 1 April 2018.

Councillor Fletcher thanked the Officer for the report and questioned the 36% non-payment figure of the fixed penalty notices. Phil Carver stated that being half way through the year payments could still be made and the figure would go down. Thurrock Council had also now agreed to extension times on how fines were being paid. Julie Rogers, Director of Environment and Highways, stated Thurrock did not take early payment discount and charged the maximum amount available. That the Council had a good success rate on prosecution for non-payment and this was followed up with press statements raising awareness that successful prosecution took place for non-payment.

Councillor Fletcher questioned whether early payment discounts may bring in more payments. Julie Rogers stated that the situation was continually being monitored.

Councillor Abbas asked how effective the Public Space Protection Order was in Grays Town Centre. Phil Carver stated that perception of activity in the Town Centre was different to that being reported.  He advised that Officer Patrols took place on a regular basis to try to combat any fear residents may have and to remove street drinking. Michelle Cunningham, Thurrock Community Safety Partnership Manager, stated the Thurrock Community Safety Partnership had taken different approaches to combat street drinking with the public space protection order and patrols by Officers were being effective.

Councillor Abbas questioned the damage being done by HGV drivers parking on footpath and grass verges and how fines were not being issued. Phil Carver stated that where damage had been identified the Environment Enforcement Officers would deal with the situation and issue the appropriate fine. This would be the same situation for any damage caused by any other vehicle.

Councillor Lawrence questioned how long it should take to remove abandoned cars. Phil Carver stated that following the notice period being issued, 7 days for public land and 15 days for private land, abandoned cars should be removed within 48 hours by private contractors employed by Thurrock Council.

Councillor Lawrence asked what action would be taken of encampments parking on and ruining grass verges. Phil Carver stated that there was legislation in place with Thurrock Council having to go through the court process. Once an encampment had been reported a Section 77 notice would be issued with an Environment Enforcement Officer accessing that site every day to monitor any criminal damage. Any such criminal damage would then be reported to the Police.

Councillor Lawrence stated that residents need to report more incidents.

Councillor Lawrence stated how dangerous it had become down Broxbourne Parade with learner HGV’s using this road as part of their route and asked whether the Council could help to solve this issue as no response had been provided when Councillor Lawrence had reported it. Councillor Fletcher agreed that a letter from Thurrock Council may have more of an impact compared to just one Councillor’s letter of complaint. Julie Rogers stated that the Council had no powers in this regard but asked for details to be passed to her and she would write to request route changes or variations. Councillor Lawrence requested that she be kept in the loop of all correspondence.

Councillor Rigby questioned whether the low prosecution rate had improved. Phil Carver stated that the Council had seen improvements following the recruitment of a further two Officers but stated this was a difficult area which relied on evidence and witnesses reporting incidents. Julie Rogers stated that fly-tipping was difficult to address and that residents should continue to report incidents as seen and to ensure that anyone removing rubbish from their homes they asked to see a Waste Carriers Licence. A poster campaign will be undertaken in this respect and guidance was available on the website regarding how to dispose of rubbish legally. The Council’s street cleansing team were now trained to search and safeguard fly-tipping evidence until the Enforcement Team can attend and take over.  The evidence is then held for prosecution purposes.

Councillor Rigby asked what kind of evidence could be used to prosecute someone. Phil Carver stated a letter with someone’s address on or a witness evidence statement.

Councillor Rigby stated would flood lighting help in known fly-tipping common areas. Phil Carver stated that where there are hot spots and poor lighting, this was being considered for preventative measures.

Julie Rogers stated that fly-tipping was happening in broad day light with residents not realising they are witnessing a criminal offence. 

Councillor Lawrence questioned whether the proposed injunction would reduce the time taken to remove future illegal encampments. Phil Carver stated should an illegal encampment come into the borough following an injunction sufficient notice would need to be provided, if they did not leave they would be breaking the high court order and the Courts would be involved, which would make the timescales to remove quicker.

Councillor Lawrence questioned whether the borough injunction would be for public and private land. Phil Carver stated predominately for public land and vulnerable areas which were being mapped.

Councillor Fletcher questioned the timescales for the proposed target hardening for sites in Ockendon. Julie Rogers stated that following the removal of illegal incursions, work had to be undertaken to identify what target hardening should take place.  This work was previously carried out by internal resources, but due to other pressures, this was now being contracted out which had caused a slight delay. Daren Spring apologised for the slight delay as the Council had been reliant on timescales from private contractors, but he committed to respond to Councillor Fletcher as soon as dates were confirmed.

The Chair questioned the low number of non-compliant businesses being issued with fixed penalty notices compared to the stats provided. Phil Carver stated that compliance and education had taken place with some of those businesses for them to sign up to agreements and comply with their duty of care of disposing of their commercial waste.  Prosecutions took place for those who chose not to comply.

The Chair stated that fly-posting and graffiti needed to be addressed in the borough and asked if permission was given for putting up posters. Phil Carver stated that the Thurrock web site detailed those that could apply to put up posters.  Environment Enforcement Officers had already stopped events being advertised over the last week with 7 fixed penalty notices being issued for such events. Phil Carver stated that significant improvement had been made and that this issue continued to be addressed as it arose. Julie Rogers stated that Keep Britain Tidy assessed the borough on graffiti and fly-posting and the last scores were within target.

The Chair stated that those residents being targeted and issued with a fixed penalty notice under the public space protection order would likely be those that would not pay them. Phil Carver stated that fixed penalty notices should not be issued to anyone with no fixed abode and that the Police undertake the name and address checks when required, that said fines were being paid in this regard.

RESOLVED

That the Cleaner Greener and Safer Overview and Scrutiny Committee noted the performance and service achievements and supported the future priorities for Environmental Enforcement which were linked to the Council’s Priorities.