Litter and Dog Fouling Figures 2019 (West Midlands)

The request was partially successful.

Dear Walsall Metropolitan Borough Council,

Could you answer the following questions please?

1. Which department is responsible for enforcing against Littering?
2. Do you use a private company to enforce against Littering?
3. If you answered yes to question 2, could you confirm the name of the private company?
4. if you answered yes to question 2, could you confirm the contract end date?
5. If you answered yes to question 2, could you provide me with a copy of the contract?
6. What is the full price of a Littering Fixed Penalty Notice (FPN)?
7. Do you have a discounted price for a littering FPN and if yes, how long is the discounted period? e.g. The FPN will be discounted to £50 if paid within 10 days.
8. How many FPNs did you issue for littering in 2019?
9. How many FPNs issued for Littering in 2019 were paid?
10. How many FPNs issued for Littering in 2019 were prosecuted for failing to pay the FPN?
11. Could you confirm which department is responsible for enforcing against Dog Fouling?
12. Do you use a private company to enforce against Dog Fouling?
13. If you answered yes to question 11, could you confirm the name of the private company?
14. What is the legislation you enforce Dog Fouking under? e.g. Dog Control Order, fouling of land act or PSPO etc.
15. How many FPNs did you issue for Dog Fouling in 2019?
16. How many FPNs issued for Dog Fouling in 2019 were paid?
17. How many FPNs issued for Dog Fouling in 2019 were prosecuted for failing to pay the FPN?
18. Do you enforce against any other Dog Control Orders or PSPO’s that are dog related?
19. What is the full price of a Dog Fouling FPN?
20. Do you have a discounted price for a Dog Fouling FPN and if yes, how long is the discounted period? e.g. The FPN will be discounted to £50 if paid within 10 days.

Yours faithfully,

M Mounty

Walsall Metropolitan Borough Council

1 Attachment

Dear Mr Mounty

 

Request for Information RFI-1081-20

 

Thank you for your request for information relating to Litter and Dog
Fouling Figures 2019 which was received on 03 February 2020.

 

In accordance with the provisions of the Freedom of Information Act 2000
the council will respond to your request within 20 working days, saying
whether we have the information that you want, and if there will be any
charges. 

 

If, for any reason, we cannot provide you with the information, we will
tell you why.

If we need to clarify your request, we will contact you again.

 

In the meantime, if you need to contact me about your request, please do
so quoting the above reference number.

 

Yours sincerely,

Fakhara Qanwal

 

 

Assurance Team, Resources and Transformation

Walsall Metropolitan Borough Council,

Civic Centre,

Darwall Street,

Walsall, WS1 1DG

Tel: 0800 0856 018

Email: [Walsall Council request email]

Service area: [1]walsall.gov.uk/ Information Governance and Assurance

Website:  [2]www.walsall.gov.uk

 

[3]http://int.walsall.gov.uk/portals/0/Comm...

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References

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Walsall Metropolitan Borough Council

1 Attachment

Dear Mr Mounty,

 

Freedom of Information Request RFI-1081-20

 

Further to your request for information about Litter and Dog Fouling
Figures 2019, I can tell you the following:

 

1.Which department is responsible for enforcing against Littering?

Clean and green

2. Do you use a private company to enforce against Littering?

Yes

3. If you answered yes to question 2, could you confirm the name of the
private company?

Kingdom

4. if you answered yes to question 2, could you confirm the contract end
date?

 February 2022 (however this can be extended by one year if required) 

5. If you answered yes to question 2, could you provide me with a copy of
the contract?

Section 43(2) of the Act sets out an exemption from the right to know if
release of the information is likely to prejudice the commercial interests
of any person (a person may be an individual, a company, the public
authority itself or any other legal entity).

 Section 43 is a qualified exemption, it is therefore subject to the
public interest. That means we are also obliged to consider whether the
‘public interest’ in withholding the information outweighs the ‘public
interest’ in disclosing it.

 For the Council commercial interest relates to the ability to participate
competitively in commercial activities, i.e. the purchase and sale of
goods or services and it is the Council’s view that the contract for
services is directly linked to the Council’s ability to participate
competitively in the market place and is therefore likely to have an
adverse affect on ‘public purse’. The Council operates within competitive
environment and the release of contracts for littering enforcement is
likely to have a direct impact on future charges levied on the Council by
other firms in this market for this type of work by distorting the market
and making it inherently un-competitive.  If this information were to be
released into the public domain, suppliers of these services will
undoubtedly be encouraged to raise their prices resulting in a ‘ratchet
effect and a direct prejudice of the Council’s ability to bargain. It is
inevitable that where suppliers are privy to information setting out how
much the Council has been paying in order to manage littering they  are
highly likely to use this information to judge ‘ the depth of the
Council’s purse’ and seek to demand higher fees in the future for similar
work.   

In considering whether the public interest would be serviced by releasing
this information we have given due regard to the  presumption of
disclosure of publicly held information and the ongoing duty of public
bodies to facilitate accountability and transparency in the spending of
public money. However we have also given regard to an overriding duty to
preserve the ‘public purse’ and wherever possible seek to make the most
effective use of public money to obtain value for money. Disclosure of the
information in this case is therefore likely to hinder the ability of the
Council and other public authorities to be able to negotiate commercial
agreements, by damaging their ability to carry out business deals and
negotiations effectively, contrary to the interests of the taxpayer and
the local community.

It is therefore the Council’s view that withholding this information,
under s.43(2) is a reasonable and appropriate measure to ensure that
increased pressure is not exerted on Council budgets by the release of
such information. 

6. What is the full price of a Littering Fixed Penalty Notice (FPN)?

£150

7. Do you have a discounted price for a littering FPN and if yes, how long
is the discounted period? e.g. The FPN will be discounted to £50 if paid
within 10 days.

 Discounted to £120 for early payment

8. How many FPNs did you issue for littering in 2019?

9 FPNs issued by CP for 2019 (2891 FPNs issued by Kingdom)

9. How many FPNs issued for Littering in 2019 were paid?

 7 out of 9 FPN issued by CP were paid (1654 FPNs were paid issued by
Kingdom)

10. How many FPNs issued for Littering in 2019 were prosecuted for failing
to pay the FPN?

 None of those issued by CP were prosecuted

11. Could you confirm which department is responsible for enforcing
against Dog Fouling?

 Clean and Green 

12. Do you use a private company to enforce against Dog Fouling?

 Yes

13. If you answered yes to question 11, could you confirm the name of the
private company?

 Kingdom

14. What is the legislation you enforce Dog Fouling under? e.g. Dog
Control Order, fouling of land act or PSPO etc.

 Dog Control Order, fouling of land act or PSPO 

15. How many FPNs did you issue for Dog Fouling in 2019?

 0

16. How many FPNs issued for Dog Fouling in 2019 were paid?

N/A

17. How many FPNs issued for Dog Fouling in 2019 were prosecuted for
failing to pay the FPN?

N/A

18. Do you enforce against any other Dog Control Orders or PSPO’s that are
dog related?

 The Town Centre PSPO has a requirement that any dog within the restricted
area must be on a lead or otherwise under physical control

19. What is the full price of a Dog Fouling FPN?

 £80.00

20. Do you have a discounted price for a Dog Fouling FPN and if yes, how
long is the discounted period? e.g. The FPN will be discounted to £50 if
paid within 10 days.

 N/A

Most of the information that we provide in response to Freedom of
Information Act 2000 requests will be subject to copyright protection.  In
most cases the copyright will be owned by Walsall Council. The copyright
in respect of other information may be owned by another person or
organisation, as indicated.

 

You are free to use any information supplied to you in response to this
request for your own non-commercial research or private study purposes.
The information may also be used for any other purpose allowed by a
limitation or exception in copyright law, such as news reporting.
 However, any other type of re-use, for example by publishing the
information in analogue or digital form, including on the internet, will
require the permission of the copyright owner.

 

I hope that the information provided is useful to you. However, if you are
dissatisfied, you should set out in writing your grounds for complaint and
send to: Corporate Assurance Manager, Resources & Transformation, Civic
Centre, Darwall Street, Walsall, WS1 1TP.

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner’s Office (ICO) for a decision.
Please remember that, generally, the ICO cannot make a decision unless you
have first exhausted the complaints procedure provided by the council. The
Information Commissioner can be contacted at: The Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9
5AF. [1]https://ico.org.uk/global/contact-us/

 

Yours sincerely,

Emma Thomas

  

Assurance Team, Resources and Transformation

Walsall Metropolitan Borough Council,

Civic Centre,

Darwall Street,

Walsall, WS1 1DG

Tel: 0800 0856 018

Email: [Walsall Council request email]

Service area: [2]walsall.gov.uk/ Information Governance and Assurance

Website:  [3]www.walsall.gov.uk

 

[4]http://int.walsall.gov.uk/portals/0/Comm...

Disclaimer: IF THIS EMAIL IS MARKED PRIVATE OR CONFIDENTIAL - PLEASE
RESPECT CONFIDENTIALITY AND DO NOT SHARE OR FORWARD IT TO ANYONE ELSE
WITHOUT THE EXPRESS CONSENT OF THE AUTHOR. The information in this message
should be regarded as confidential and is intended for the addressee only
unless explicitly stated.  If you have received this message in error it
must be deleted and the sender notified.  The views expressed in this
message are personal and not necessarily those of Walsall MBC unless
explicitly stated.  E-mails sent or received from Walsall MBC may be
intercepted and read by the Council.  Interception will only occur to
ensure compliance with Council policies or procedures or regulatory
obligations, to prevent or detect crime. You should also be aware that any
email may be the subject of a request under Data Protection, Freedom of
Information or Environmental Information legislation and therefore could
be disclosed to third parties.

 

E-mail Security: Communication by internet email is not secure as
messages can be intercepted and read by someone else. Therefore we
strongly advise you not to email any information, which if disclosed to
unrelated third parties would be likely to cause harm or distress. If you
have an enquiry of this nature please provide a postal address to allow us
to communicate with you in a more secure way. If you want us to respond by
email you must realise that there can be no guarantee of privacy.

 

 

 

References

Visible links
1. https://ico.org.uk/global/contact-us/
2. https://eur01.safelinks.protection.outlo...
3. https://eur01.safelinks.protection.outlo...

InformationRights, Walsall Metropolitan Borough Council

Dear Mr Mounty,

 

Freedom of Information Request RFI-1081-20

 

Further to your request for information about Litter and Dog Fouling
Figures 2019, I can tell you the following:

 

1.Which department is responsible for enforcing against Littering?

Clean and green

2. Do you use a private company to enforce against Littering?

Yes

3. If you answered yes to question 2, could you confirm the name of the
private company?

Kingdom

4. if you answered yes to question 2, could you confirm the contract end
date?

 February 2022 (however this can be extended by one year if required) 

5. If you answered yes to question 2, could you provide me with a copy of
the contract?

Section 43(2) of the Act sets out an exemption from the right to know if
release of the information is likely to prejudice the commercial interests
of any person (a person may be an individual, a company, the public
authority itself or any other legal entity).

 Section 43 is a qualified exemption, it is therefore subject to the
public interest. That means we are also obliged to consider whether the
‘public interest’ in withholding the information outweighs the ‘public
interest’ in disclosing it.

 For the Council commercial interest relates to the ability to participate
competitively in commercial activities, i.e. the purchase and sale of
goods or services and it is the Council’s view that the contract for
services is directly linked to the Council’s ability to participate
competitively in the market place and is therefore likely to have an
adverse affect on ‘public purse’. The Council operates within competitive
environment and the release of contracts for littering
enforcement is likely to have a direct impact on future charges levied on
the Council by other firms in this market for this type of work by
distorting the market and making it inherently un-competitive.  If this
information were to be released into the public domain, suppliers of these
services will undoubtedly be encouraged to raise their prices resulting in
a ‘ratchet effect and a direct prejudice of the Council’s ability to
bargain. It is inevitable that where suppliers are privy to information
setting out how much the Council has been paying in order to manage
littering they  are highly likely to use this information to judge ‘ the
depth of the Council’s purse’ and seek to demand higher fees in the future
for similar work.   

In considering whether the public interest would be serviced by releasing
this information we have given due regard to the  presumption of
disclosure of publicly held information and the ongoing duty of public
bodies to facilitate accountability and transparency in the spending of
public money. However we have also given regard to an overriding duty to
preserve the ‘public purse’ and wherever possible seek to make the most
effective use of public money to obtain value for money. Disclosure of the
information in this case is therefore likely to hinder the ability of the
Council and other public authorities to be able to negotiate commercial
agreements, by damaging their ability to carry out business deals and
negotiations effectively, contrary to the interests of the taxpayer and
the local community.

It is therefore the Council’s view that withholding this information,
under s.43(2) is a reasonable and appropriate measure to ensure that
increased pressure is not exerted on Council budgets by the release of
such information. 

6. What is the full price of a Littering Fixed Penalty Notice (FPN)?

£150

7. Do you have a discounted price for a littering FPN and if yes, how long
is the discounted period? e.g. The FPN will be discounted to £50 if paid
within 10 days.

 Discounted to £120 for early payment

8. How many FPNs did you issue for littering in 2019?

9 FPNs issued by CP for 2019 (2891 FPNs issued by Kingdom)

9. How many FPNs issued for Littering in 2019 were paid?

 7 out of 9 FPN issued by CP were paid (1654 FPNs were paid issued by
Kingdom)

10. How many FPNs issued for Littering in 2019 were prosecuted for failing
to pay the FPN?

 None of those issued by CP were prosecuted

11. Could you confirm which department is responsible for enforcing
against Dog Fouling?

 Clean and Green 

12. Do you use a private company to enforce against Dog Fouling?

 Yes

13. If you answered yes to question 11, could you confirm the name of the
private company?

 Kingdom

14. What is the legislation you enforce Dog Fouling under? e.g. Dog
Control Order, fouling of land act or PSPO etc.

 Dog Control Order, fouling of land act or PSPO 

15. How many FPNs did you issue for Dog Fouling in 2019?

 0

16. How many FPNs issued for Dog Fouling in 2019 were paid?

N/A

17. How many FPNs issued for Dog Fouling in 2019 were prosecuted for
failing to pay the FPN?

N/A

18. Do you enforce against any other Dog Control Orders or PSPO’s that are
dog related?

 The Town Centre PSPO has a requirement that any dog within the restricted
area must be on a lead or otherwise under physical control

19. What is the full price of a Dog Fouling FPN?

 £80.00

20. Do you have a discounted price for a Dog Fouling FPN and if yes, how
long is the discounted period? e.g. The FPN will be discounted to £50 if
paid within 10 days.

 N/A

Most of the information that we provide in response to Freedom of
Information Act 2000 requests will be subject to copyright protection.  In
most cases the copyright will be owned by Walsall Council. The copyright
in respect of other information may be owned by another person or
organisation, as indicated.

 

You are free to use any information supplied to you in response to this
request for your own non-commercial research or private study purposes.
The information may also be used for any other purpose allowed by a
limitation or exception in copyright law, such as news
reporting.  However, any other type of re-use, for example by publishing
the information in analogue or digital form, including on the internet,
will require the permission of the copyright owner.

 

I hope that the information provided is useful to you. However, if you are
dissatisfied, you should set out in writing your grounds for complaint and
send to: Corporate Assurance Manager, Resources & Transformation, Civic
Centre, Darwall Street, Walsall, WS1 1TP.

 

If you are not content with the outcome of your complaint, you may apply
directly to the Information Commissioner’s Office (ICO) for a decision.
Please remember that, generally, the ICO cannot make a decision unless you
have first exhausted the complaints procedure provided by the council. The
Information Commissioner can be contacted at: The Information
Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9
5AF. [1]https://ico.org.uk/global/contact-us/

 

 

Emma E Thomas

 

Assurance Officer

Assurance Team, Resources & Transformation

Walsall Metropolitan Borough Council

3rd Floor (HR Suite), Civic Centre, Darwall Street, Walsall, WS1 1DG

Tel: 01922 65 2374      

Email: [2][email address]

Web: [3]www.walsall.gov.uk

 

References

Visible links
1. https://ico.org.uk/global/contact-us/
2. mailto:[email address]
3. http://www.walsall.gov.uk/
http://www.walsall.gov.uk/