FOI request (FOIR-291643305)

Enforcement in 2020

Requested Tue 05 January 2021
Responded Fri 12 February 2021

1. Please state the number of Community Protection Notices (CPNs) and Community Protection Warnings (CPWs) issued by your local authority in the period November 2019-October 2020. If possible, please provide the texts of these CPNs or state their subject matter (for example, 'waste', 'neighbour nuisance', 'enforcement of social distancing').

2. Please state the number of Fixed Penalty Notices (FPNs) issued by your authority for the violation of Public Spaces Protection Orders (PSPOs) in the year 2020. Please give the offences for which these FPNs were issued. If your authority has a dispersal PSPO, please state the number of directions to disperse issued by your officers.

3. Please state whether your local authority has issued any fixed penalty fines to businesses for non-compliance with coronavirus regulations. If so, please state the offence(s) and the number and value of penalties issued.

4. Please state if your local authority has employed COVID-19 Marshals/Wardens for encouraging compliance with social distancing/lockdown regulations. If so, please state: a. the number of these wardens; b. whether they were recruited from local authority staff or from private companies; c. the roles of these wardens; d. how these wardens enforce non-compliance (for example, reporting non-compliance to council/police).

5. Please state if your local authority has a Street Warden or Neighbourhood Warden scheme. If so, please state the number of wardens employed, and if possible state their general responsibilities.

6. Please state whether your local authority has created any Low Traffic Neighbourhoods (LTNs) in response to the COVID-19 pandemic. If so, please state: a. The number of LTNs created; b. Whether you carried out public consultation or councillor scrutiny of LTNs before installation; c. The number of FPNs issued for the violation of these LTNs in 2020.

7. Please state the number of fixed penalty notices (FPNs) issued by your local authority for the offence of littering in the year 2020. Please state whether these FPNs were issued by a private company (and if so which company).

Response

1. 47 Community Protection Warnings (CPWs) issued - 4 for Anti Social Behaviour (ASB), 1 for aggressive begging and 42 for street drinking in a no drinking zone. 39 CPNs issued - 1 for aggressive begging, 2 for ASB and 36 for drinking alcohol

2. 60 Fixed Penalty Notices (FPNs) - 52 for dog Public Spaces Protection Orders (PSPOs) offences, 8 for ASB (7 for urinating and 1 for defecating)

3. None

4.

(a) Yes and 5 employed.

(b) From local authority staff as well as agency staff.

(c) COVID Compliance Officers.

(d) Evidence of non-compliance passed to authorised EHO's, Police and Trading Standards Officers.

5. Hastings Borough Council employs 8 FTE Civil enforcement officers, their duties include:

• Develop and maintain an up to date knowledge and understanding of environmental and parking legislation local byelaws, regulations and case law to ensure compliance with relevant legislation and guidance in all enforcement action taken.

• Enforce local byelaws and other relevant legislation relating to 'street scene' and 'enviro-crime' on behalf of the Council, including the service of legal Notices such as Fixed Penalty Notices.

• To patrol the Council's off street car parks and issue Penalty Charge Notices for contravention of the Parking Place Orders. To inspect pay and display machines and defects to the surfacing or structure of the off street car parks and report unresolved issues.

• To enforce Public Space Protection Orders within the Borough, utilising the use of the accredited Police Powers attained under the CSAS Scheme to tackle local issues such as drinking in a public place and aggressive begging.

• Investigate complaints in relation to 'enviro-crime', including liaising with complainants, gathering evidence, providing witness statements and attending court to give evidence in legal proceedings.

• Draft all necessary enforcement notices or court papers, gathering evidence, undertaking formal interviews, preparing case files and statements in order to make recommendations for prosecution and attending court as and when necessary in line with PACE and RIPA legal requirements or parking adjudication hearing.

• Provide timely and appropriate feedback to informants and complainants with respect to progress with complaint investigations and enforcement action.

• Provide high visibility patrolling of enviro-crime hotspots based upon priorities set by management and/or the Multi Agency Tasking Teams.

• Enforce all dog related legislation for which the Council is responsible including fouling, dogs off leads, and dangerous dogs in conjunction with the police as appropriate in order to reduce dog offences and nuisance.

• Monitor the performance of contractors working on behalf of the Council, such as the Street Cleansing Service and the refuse and recycling collection and liaise with the Waste Officers responsible for managing the contracts.

• Maintain adequate and proper records of work carried out using the Council's manual and IT based systems, including the use of mobile working equipment such as hand held devices.

• To make all necessary vehicle checks and complete appropriate records when allocated a vehicle as part of daily duties to ensure the safety of staff.

• Assist investigations into reported abandoned vehicles, applying the necessary legislation and approving the removal of abandoned vehicles as appropriate.

6. Information not held - this would be dealt with by East Sussex County Council, please visit their website for further information: www.eastsussex.gov.uk

7. 27 FPNs, no private company employed.