Litter & Fly-tipping

The request was successful.

Dear Bromley Borough Council,

1. Is the council a Duty Body and does it have a Statutory Duty to fulfil in accordance with the Environmental Protection Act 1990 & Litter Code of Practice?

2. Does the council manage litter picking and fly tipping in-house or has a third party contractor been appointed?

3. Is the latter, who is the contractor and when and for how long have they been appointed?

4. Does the contract reflect and impose responsibility with penalties for failure or lack of performance on the contractor and does the contract clearly set out the need for the work to "back to back" with the council’s Statutory Duty?

5. What is the total number of litter-pickers in place?

6. How many financial penalties and to what value have been imposed on the contractor for the last year for not meeting standards or failing to carry out their work?

7. What is the annual cost of litter-picking for the last 3 years?

8. Does the council directly employ enforcement officers for issuing fines and carrying out prosecutions with regards to littering and fly-tipping offences or has this been outsourced?

9. How many enforcement officers are in place?

10. What is the annual total annual cost to the council per year for the enforcement officers?

11. How many fines have been issued over the last 3 years and to what value for:

FPNs for littering?
FPNs for Fly-Tipping?
Successful prosecutions for Fly-Tipping?

12. How many fly-tips have been recorded in the last 3 years

13. What is the cost to the council per year for clearing these fly-tips?

14. If no costs are recorded please provide costs using national standard cost estimates from the “Waste Data Flow” system that you are legally obliged to use to record all fly-tips.

15. How many fixed or portable CCTV cameras are owned by the council or via an appointed 3rd party for the purposes of fly-tipping prosecutions.

16. Are they all in working order?

17. Are they subject to a service / maintenance contract?

18. Who is responsible for monitoring the footage and how often is it

reviewed?

19. Has any of the footage been used for prosecutions and if so how many and

when?

20. Can you also confirm how many of the CCTV cameras are capable of night

vision?

21. If you have no CCTV cameras, when will you be putting these in place?

22. If you only have fixed CCTV cameras, when will you be putting in place

Yours faithfully,

Danny Lucas

Dear Bromley Borough Council,

By law, the authority should normally have responded promptly and by 13 April 2021.

Can you please provide the requested information by return.

Yours faithfully,

Danny Lucas

ES Freedom of information (Group), Bromley Borough Council

Dear Requester,

 

Further to your recent FOI enquiry (22449) having completed my enquiries,
please see response(s) to your FOI request highlighted in blue below,
which have been provided by a senior member of staff in the Environmental
Services and Public Protection department.

 

 

FOI RESPONSE(S) BELOW:

 

 1. Is the council a Duty Body and does it have a Statutory Duty to fulfil
in accordance with the Environmental Protection Act 1990 & Litter Code
of Practice?

Response: Yes

 

 

 

 2. Does the council manage litter picking and fly tipping in-house or has
a third party contractor been appointed?

Response: Third Party Contractor

 

 

 

 3. Is the latter, who is the contractor and when and for how long have
they been appointed?

Response: Veolia Environmental Services with commencement in April 2019
for 8 years plus discretionary 8 year extension.

 

 

 

 4. Does the contract reflect and impose responsibility with penalties for
failure or lack of performance on the contractor and does the contract
clearly set out the need for the work to "back to back" with the
council’s Statutory Duty?

Response: The contract is applied and monitored against a Performance
Monitoring Framework. Performance Adjusted Values (PAVs) are applied for
any non-compliance to contractual KPIs.

 

 

 

 5. What is the total number of litter-pickers in place?

Response: Operatives on the street cleansing contract function have a
varied job role, of which litter picking responsibility forms just one
part. There are 58 full-time operatives who undertake litter picking
within their core duties of employment.

 

 

 

 6. How many financial penalties and to what value have been imposed on
the contractor for the last year for not meeting standards or failing
to carry out their work?

Response: For the financial year to date 2020/21, three PAVs were applied
totalling £1,123.

 

 

 

 7. What is the annual cost of litter-picking for the last 3 years?

Response: Budgets are available on the London Borough of Bromley website: 
[1]https://www.bromley.gov.uk/downloads/200....
As above, litter picking is not an itemised function and is included
within the broader budget for street cleansing.

 

 

 

 8. Does the council directly employ enforcement officers for issuing
fines and carrying out prosecutions with regards to littering and
fly-tipping offences or has this been outsourced?

Response: Yes

 

 

 

 9. How many enforcement officers are in place?

Response: One Officer

 

 

 

10. What is the annual total annual cost to the council per year for the
enforcement officers?

Response: With regards to your request for the annual cost (salary) of one
enforcement officer this information is exempted under section 40 (2),
(3) of the FOIA, as this would be a breach of data protection principles
(Data Protection Act 2018). Principle 1 states that personal data shall be
processed fairly and lawfully, and shall not be used unless at least one
condition in Schedule 2 of the Data Protection Act 2018 is met. As the
data subject has not provided consent to release their personal
information. This information will not be released to you, as it would be
an infringement of these principles. Please note that this exemption does
not require a public interest test under the Freedom of Information Act.

 

 

11. How many fines have been issued over the last 3 years and to what
value for:

 

 

FPNs for littering?

Response: 107 at £80 each

 

FPNs for Fly-Tipping?

Response: 5 at £400

 

Successful prosecutions for Fly-Tipping?

Response: 11

 

 

 

12. How many fly-tips have been recorded in the last 3 years

Response:

 

                     For year 01.04.2018 - 31.03.2019 = 2888

 

                     For year 01.04.2019 - 31.03.2020 = 2954

 

                     For year 01.04.2020 - 31.03.2021 = 3670

 

 

13. What is the cost to the council per year for clearing these fly-tips?

Response: The Council pays a lump sum figure for fly-tip removal. In
2020/21 this cost is £215,012.

 

 

 

14. If no costs are recorded please provide costs using national standard
cost estimates from the “Waste Data Flow” system that you are legally
obliged to use to record all fly-tips.

Response: N/a

 

 

 

15. How many fixed or portable CCTV cameras are owned by the council or
via an appointed 3rd party for the purposes of fly-tipping prosecutions

Response: One camera

 

 

 

16. Are they all in working order?

Response: No

 

 

 

17. Are they subject to a service / maintenance contract?

Response: Yes

 

 

 

18. Who is responsible for monitoring the footage and how often is it ;
reviewed?

Response: CCTV Contractor

 

 

 

19. Has any of the footage been used for prosecutions and if so how many
and when?

Response: Not yet

 

 

 

20. Can you also confirm how many of the CCTV cameras are capable of night
vision?

Response: None

 

 

 

21. If you have no CCTV cameras, when will you be putting these in place?

Response: N/a

 

 

 

22. If you only have fixed CCTV cameras, when will you be putting in place

Response: N/a

 

 

 

 

 ---------------------------------------------------------------------------------------------------------

We trust this completes your FOI enquiry which has now been closed.

 

Thank you for your request.

 

Regards

 

 

FOI Co-ordinator

Environment and Public Protection

London Borough of Bromley

[2]www.bromley.gov.uk

 

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Please note:

 

Section 1 of the Freedom of Information Act 2000 (FOIA) places two duties
on public authorities.  Unless exemptions apply, the first duty at Sec
(1)(a) is to confirm or deny whether the information specified in a
request is held.  The second duty at Sec (1)(b) is to disclose information
which is permitted to the public domain and that has been confirmed as
being held.  Where exemptions are relied upon s17 of FOIA requires that we
provide the requester with a notice which: a) states fact b) specifies
exemption(s) in question and c) states (if that would not otherwise be
apparent) why exemption applies.

 

Section 12 (1) of the Freedom of the Freedom of Information Act states
that a public authority is not obliged to:…. “comply with a request for
information if the authority estimates that the cost of complying with the
request would exceed the appropriate time limit of 18 hours of an officers
time to manually review records, retrieve and collate the data which we
are not obliged to do under the act if to do so would exceed the 18 hour
time limit.

 

If you are unhappy with the way your request for information has been
handled, you can make a complaint and request a review by writing to:

London Borough of Bromley, Mr Graham Walton – Democratic Services, Civic
Centre, Stockwell Close, Bromley, Kent, BR1 3UH, Telephone: 0208 461 7743

 

If you remain dissatisfied with the handling of your review, you have a
right to appeal directly to the:Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, Telephone: 0303
123 1113 or 01625 545 745.

 

 

References

Visible links
1. https://www.bromley.gov.uk/downloads/200...
2. http://www.bromley.gov.uk/