Agenda item

Recommendations

1)    The proposed Fixed Penalty Notice charge levels, as detailed in Appendix A, be approved.

2)    The use of Penalty Notices under the Animals (Penalty Notices) Act 2022 and the Animals (Penalty Notices) (England) Regulations 2023, for animal health and welfare offences, be approved.

3)    The use of Penalty Notices under the Environment Act 2021, for smoke control offences, be approved.

4)    The Penalty Notice Policy, detailed in Appendix B, be adopted.

5)    The agreed Fixed Penalty Notice charges and Penalty Notice Policy to be implemented from 1st October 2025.

Considered – A report of the Corporate Director Environment in which approval was sought to harmonise all existing Fixed Penalty Notice (FPN) charges within the remit of Regulatory Services.  The report provided information on the introduction of Penalty Notices for various animal health and welfare offences and smoke control offences and sought approval for their use.  A Penalty Notice Policy was proposed for adoption and it was proposed that the new Fixed Penalty Charges and Penalty Notice Policy be implemented from 1 October 2025 if adopted.

In introducing the report the Executive Member for Managing our Environment, Councillor Richard Foster, explained that the proposed FPNs would be a useful tool for responding to some offences, whilst still having the ability to proceed straight to court for more serious offences.

The Corporate Director Environment, Karl Battersby, reported that creation of a new council had brought a number of regulatory teams together, creating a wider group of staff with the ability to use FPNs.  The council was taking a zero-tolerance policy approach across the county with a standard £400 fee for smaller offences up to £1000 maximum fee.  There would also be a name and shame approach when cases were taken to prosecution.

Resolved (unanimously) - that

1)    The proposed Fixed Penalty Notice charge levels, as detailed in Appendix A, be approved.

2)    The use of Penalty Notices under the Animals (Penalty Notices) Act 2022 and the Animals (Penalty Notices) (England) Regulations 2023, for animal health and welfare offences, be approved.

3)    The use of Penalty Notices under the Environment Act 2021, for smoke control offences, be approved.

4)    The Penalty Notice Policy, detailed in Appendix B, be adopted.

5)    The agreed Fixed Penalty Notice charges and Penalty Notice Policy to be implemented from 1st October 2025.

Reasons for recommendations

The level of fixed penalty charges for relevant offences should be harmonised across the North Yorkshire Council area and reflect the severity of the offences.  Fixed penalties provided enforcement agencies with an immediate, cost effective, and visible way of responding to low-level environmental crimes, and the Government encouraged their use by local authorities.

Alternative options considered

Alternative options had been considered in relation to harmonising the level of FPN charges, taking into account the variances across the Council area: