Agenda item

Report ES13002

Report ES13002 provided an update on the use of XFOR Local Authority Support Ltd (XFOR) to provide an enforcement service of serving fixed penalty notices (FPNs) for littering and dog fouling offences. The update included results of the trial for the first three month period.

It was proposed to extend the trial period for a further six months from 1^st March to 31^st August 2013 to enable a more thorough analysis and review which would also take account of any seasonal variations. The extended period would be based on existing terms and conditions with XFOR.

In order to avoid any discontinuation of service between the end of the trial period and the start of any contract, it was proposed to commence the preparation of documentation to secure the provision of enforcement services through competitive tender.

In discussion a number of questions were asked by Members. Details provided in response included the following points:

·  an enforcement officer would witness a littering offence taking place and an officer’s body-worn video camera would record the interaction between the officer and the alleged offender including the issuing of a FPN – if requested by the alleged offender, the video footage could be viewed at a later date;

·  a risk of the trial scheme not breaking even (against expectations) was dependent upon offences witnessed and the proportion of successful fine payments - a normal return/recovery rate of about 60% was expected; some boroughs have made a small surplus to contribute to funding street cleaning;

·  due to printing problems following the closure of the Design Studio, the trial had started with the old FPN which included a discount for early payment, which was not in the original business case and there had therefore been an income shortfall of £5,610;

·  the first Bromley Magistrates’ Court case in relation to non-payment of an FPN was held on 11^th January 2013, and there would be a media plan which would be agreed with the Portfolio Holder;

·  although the XFOR service provided enforcement against all types of litter, including chewing gum, a high proportion of littering which was being enforced involved cigarette butts; and

·  the current use of XFOR was a trial – FPN enforcement against other offences in addition to littering and dog fouling could be included as an option in any decision to let a future contract; this would be reported to Members.

Councillor Adams was surprised that no FPNs had been issued for dog fouling offences between 10^th September and 30^th November 2012. It was indicated that enforcement officers were vigilant against dog fouling offences and that local intelligence was key. It was thought that a uniformed presence might encourage compliance by dog owners – for parks it had been agreed that Ward Security would manage any enforcement action during the trial period. The issue of enforcement in parks should be considered as an option in the tender process.

It was indicated that enforcement officers would normally go to areas of high footfall, working with organisations such as The Glades. Enforcement officers were not yet working with Affinity Sutton as there was a low footfall on housing estates.

Councillor Samaris Huntington-Thresher suggested varying the hours worked by enforcement officers to accord with volume in high footfall areas. Feedback was necessary between officers and Members with information needed on when littering seemed most prevalent. It was necessary to have more intelligence and Members needed to know the type of feedback they could provide to officers.

It was confirmed to Members that XFOR Enforcement Officers worked Monday to Saturday from 7am to 6pm. There were two pairs of enforcement officers covering the whole borough relying upon intelligence from the street cleansing team.

The Chairman suggested that a future contract should have flexibility over occasional early and evening shifts and contract duration. He also suggested that an optional extension period should be included. Councillor Samaris Huntington-Thresher suggested demand and response led enforcement. Councillor Grainger felt that a contract needed scope for this; Councillor Adams supported provision for early and late enforcement. The Assistant Director (Street Scene and Greenspace) indicated that scope for varying times based on intelligence could be built into a contract. XFOR Officers currently took enforcement action against some 20 littering offenders each day - it was however difficult to detect dog fouling offences. He further explained that XFOR Officers normally patrolled in uniform, however there were examples where, after warning, they had patrolled in plain clothes to tackle persistent littering locations. Patrolling in plain clothes could be described as covert enforcement.

Councillor Adams was content with an overt rather than covert enforcement presence. Councillor Grainger suggested an overt presence with a plain clothes presence following; however for enforcement against dog fouling he supported a plain clothes presence for greater effect.

RESOLVED that the Portfolio Holder be recommended to:

(i)  note progress made during the first three months of the six-month trial period;

(ii)  approve an extension of the trial period for a further six months to the end of August 2013 so allowing for a more detailed analysis of the scheme over a 12-month period;

(iii)  approve the start of the Gateway process to enable the provision of enforcement services to be secured through competitive tender including options for Portfolio Holder decision on the scope of the contract; and

(iv)  take account of the Committee’s comments on the type of contract to put to tender.