Purpose

The Council has a statutory duty to enforce the Clean Air Act 1993.  This Act allows the Council to prosecute residents and businesses for emitting smoke from chimneys within a defined ‘Smoke Control Area’.  A smoke control area is designated by Local Authorities, including Knowsley, to try and clean air within towns and cities following the London smog of the 1950’s. Knowsley currently has numerous Smoke Control Area boundaries throughout the borough.

As of 2022, The Environment Act 2021 has amended the Clean Air Act 1993, making a provision for financial penalties in relation to the emissions of smoke from chimneys within Smoke Control Areas, by way of issuing a Fixed Penalty Notice in lieu of prosecution.  This statutory provision applies to all Local Authorities in England and is not Knowsley specific.

A Fixed Penalty Notice provides an alternative to prosecution. It allows an individual to discharge liability for the duty of care offence by payment of a financial penalty.  There is no obligation to offer an alleged offender the option to discharge liability through a Fixed Penalty Notice.  However, it can be more proportionate than prosecution through the courts.

Decision

The Assistant Executive Director (Neighbourhoods and Commercial Services) in consultation with the Cabinet Member for Communities and Neighbourhoods to approve the introduction of a £300 Fixed Penalty Notice (in lieu of prosecution) in relation to the emissions of smoke from chimneys within Smoke Control Areas. 

Alternative options considered

N/A