Agenda item

Report ES11090

In accordance with The London Local Authorities and Transport for London Act 2003 the introduction of Fixed Penalty Notices (FPNs) was proposed for certain offences on the highway so enabling quick and effective enforcement action.

The provisions of the 2003 Act enabled authorised officers from London Boroughs to issue the FPNs. Their use could run alongside existing sanctions and discretion could be used to prosecute if this seemed the most effective mechanism given the circumstances.

The fixed penalty level of £100 and the model form of fixed penalty notice had been agreed by the London Councils’ Transport and Environment Committee.  The relevant offences were appended to Report ES11090 (Note: “marketing” should be replaced with “marking” in the description of offence at Offence Codes 05 and 06)

If the penalty was paid within 14 calendar days following the date of the notice, the penalty level would be reduced from £100 to £50. If the penalty was not paid within a 28-day period, legal proceedings for the offence could be started.

As a way of advertising the introduction of FPNs it was intended to publish a public notice for two consecutive weeks in a local newspaper and also on the Council’s web site. It was proposed to introduce the FPNs for certain highway offences on 1^st April 2012.

In discussion Councillor Grainger sought advice on how Members could scrutinise ways in which FPNs were applied. Councillor Grainger also sought policy and guidance for the application of FPNs and enquired about the appeal process. Councillor Grainger suggested having some Member input in difficult cases where individuals feel aggrieved. Members had involvement in matters concerned with Licensing and Planning applications and Councillor Grainger advocated their involvement in disputed FPN cases.

Members were advised that Enforcement Officers used their discretion and written representations were considered; if there was any doubt, advice could be sought from the Council’s legal team. There was no formal appeal process associated with FPNs unlike the statutory position with Parking PCNs. The Chairman felt in any case that it would be inappropriate to involve Members in decision making on appeals and this was not the practice with Parking PCNs. He supported the approach taken by officers. If Members became concerned with the way FPNs were being applied, the PDS could revisit the FPN enforcement strategy and make recommendations as necessary. The Portfolio Holder felt that FPNs were helpful tools for officers to use. It was important to be proactive against offences being committed. 

With a change in approach a Member asked whether enforcement officers might think it easier to issue a FPN; in such circumstances the Member urged that enforcement officers continue to apply the same discretion. Concerning appeals, the Assistant Director referred to dealing with appeals on an informal basis and exercising discretion.

In concluding debate it was agreed to support the recommendation to the Portfolio Holder and to add a further recommendation that notice of the introduction of FPNs be fed through to the Bromley Residents Association for disseminating to individual resident associations.

RESOLVED that the Portfolio Holder be recommended to:

(1)  adopt the legislation and the statutory fine level for the FPNs, as the appropriate enforcement action in dealing with certain highways offences from 1^st April 2012; and

(2)  agree that notice of the introduction of FPNs be fed through to the Bromley Residents Association for disseminating to individual resident associations.