Watford Council decides to doubles fly-tipping penalties

A review of fines for fixed penalty notices was on the agenda for Monday's council meeting (March 4) and a report from Environmental Health proposed a significant uplift in the punishment for litterers.

The government regulates the maximum fixed penalty notice fines while councils are responsible for deciding the specific amount they charge.

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The national maximum was increased to £500 in 2023 while for fly-tipping it is £1,000.

A third form of fine under the regulations is ‘duty of care’, a legal requirement for residents and businesses to take reasonable steps to ensure their waste is correctly disposed of, and this has a £600 maximum.

Most fees in Watford are paid within seven days and therefore people handed fixed penalty notices tend to pay reduced early fees.

Watford currently charges £75 for littering (£50 early repayment), £300 for duty of care (£200 early repayment), and £300 for fly tipping (£150 early repayment).

The proposal raises this to £250 for littering (£75 early repayment), £600 for duty of care (£250 early repayment), and the same for fly tipping from April 1.

Fixed penalty notices are only for smaller fly-tips and larger dumps should be prosecuted, the report added.

Fly tipping in and around Watford in October 2023. (Image: Buckinghamshire Council/Dawn Allen/ Submitted / Dennis Watling)

The money gathered from fines is intended to contribute to the council’s costs for dealing with the offences, and these are apparently rising.

At the same time, raising the fee must be balanced against the fact that a harsher punishment would likely lead to more non-payment.

If the council has to take the matter to court or appeal it tends to be more expensive in terms of council costs than the fine and costs awarded bring in, even if the council wins.

Since the cases still have to be pursued to act as a deterrent, the relatively low early repayment option is being kept to keep these costs down.

The early repayment fees for fly-tipping in Watford are currently the lowest minimum in Hertfordshire and no councils in the county have a lower maximum (although three have the same).