Purpose

To enable the Council to use a more effective
way to tackle littering from vehicles, given the lack of success in
tackling the problem by way of criminal sanctions due to the
difficulty in being able to discharge the burden of proof (i.e.
proof beyond all reasonable doubt) that is necessary to get a
conviction.

Content

That the Director of Law and Governance,
pursuant to her Delegated Authority under the Officer Scheme of
Delegation, gives authority to the Assistant Director for
Environment Waste and Commissioning (ADEWC) to issue Penalty
Notices under the Litter from Vehicle Outside London (Keepers:
Civil Penalties) Regulations 2018, and that in line with the
Officer Scheme of Delegation, the ADEWC is also authorised to
sub-delegate as appropriate in writing, to officers within the
Environmental Crime Unit.

Alternative options considered

Continue with criminal offences prosecutions
under S.87 Environmental Protection Act 1990. This power will
continue to be used, in any event, but with very limited success
due to the problem with the burden of proof. Failure to use the
alternative civil penalty approach proposed in this report means
that a large number of littering offenders will continue to escape
punishment and littering from vehicles will go largely
uncontrolled.