Agenda Item No. 16

The Vale of Glamorgan Council

 

Council: 28th September, 2016

 

Report of the Managing Director

 

Environmental Enforcement: Award of Contract

Purpose of the Report

1. To seek Council approval for an amendment to the Cabinet resolution of 25th July, 2016.

Recommendation

That Council approval be granted for any and all appointed members of 3GS (UK) Limited staff to be authorised to issue Fixed Penalty Notices (FPN's) on behalf of the Council for the duration of the agreement.

Reason for the Recommendation

To ensure that any and all appointed members of 3GS (UK) Limited staff have the necessary legal powers to undertake enforcement activities within the Vale of Glamorgan.

Background

2. On 25th July 2016 Cabinet authority was sought to enter into a formal agreement with a private environmental enforcement company to undertake enforcement duties aimed at reducing incidents of littering, fly tipping, dog fouling and compliance with byelaws. The Part II report to that meeting is a separate item on the agenda (Agenda Item No. 18).

Relevant Issues and Options

3. The Council has a legal duty under Part IV of the Environmental Protection Act 1990 to keep relevant land clear of litter and refuse.
4. At its meeting on 25th July, 2016, Cabinet had resolved "That authority be sought from Council for 3GS (UK) Limited to issue FPNs on behalf of the Council for the duration of the agreement."
5. Since the above resolution was made, the company have formally written to the Head of Service for Visible Services and Transport requesting that, to ensure that any and all 3GS staff engaged in the contract are authorised to issue FPNs, the resolution to Council be amended to read "That authority be sought from Council for any and all appointed members of 3GS (UK) Limited staff to be authorised to issue Fixed Penalty Notices on behalf of the Council for the duration of the agreement".

Resource Implications (Financial and Employment)

6. As defined in the Part II report to Cabinet on 25th July, 2016 at Agenda Item No. 18.

Sustainability and Climate Change Implications

7. As defined in the Part II report to Cabinet on 25th July, 2016 at Agenda Item No. 18.

Legal Implications (to Include Human Rights Implications)

8. Local Authorities are empowered under the Environmental Protection Act 1990 Section 88 to operate Fixed Penalty Schemes for littering and as defined in the Part Ii report to Cabinet on 25th July, 2016 at Agenda Item No. 18.

Crime and Disorder Implications

9. As defined in the Part II report to Cabinet on 25th July, 2016 at Agenda Item No. 18.

Equal Opportunities Implications (to include Welsh Language issues)

10. As defined in the Part II report to Cabinet on 25th July, 2016 at Agenda Item No. 18.

Corporate/Service Objectives

11. As defined in the Part II report to Cabinet on 25th July, 2016 at Agenda Item No. 18.

Policy Framework and Budget

12. The granting of authority to issue FPN's on behalf of the Council is a matter for decision by Full Council.

Consultation (including Ward Member Consultation)

13. As the matter is to be implemented throughout the Vale, no specific consultation has been carried out with Ward Members.

Relevant Scrutiny Committee

14. Environment and Regeneration.

Background Papers

As outlined in the Part II report to Cabinet on 25th July, 2016 at Agenda Item No. 18.

Contact Officer

Jeff Wyatt, Head of Democratic Services, Tel: (01446) 709408

Officers Consulted

Emma Reed, Head of Visible Services and Transport

Debbie Marles, Head of Legal Services

Rob Thomas, Managing Director

Responsible Officer:

Rob Thomas, Managing Director