Dear Tendring District Council,

I would like to request the following information on: 1) Litter under the Environmental Protection Act 1990, 2) Public Space Protection Orders under the Anti-Social Behaviour, Crime and Policing Act 2014 and 3) Community Protection Notices under the Anti-Social Behaviour, Crime and Policing Act 2014.

1. Data for the last 5 years on the following:
a) Under the Environmental Protection Act (EPA) 1990, s87 how many individuals committed the offence of leaving litter?
b) Under the EPA s88 how many fixed penalty notices for leaving litter were issued?
c) How many of these fines were paid and/or how many fines remain unpaid?
d) How many challenges have been made against payment of fines?
e) How many litter abatement notices were issued under the EPA s92?
f) How many street litter control notices were issued under EPA ss93-94?
g) How many litter clearance notices were issued under the EPA s92A?

2. Data from the time of commencement of Public Space Protection Orders (PSPOs):
a) Under the Anti-Social Behaviour, Crime and Policing Act (ASBCPA) 2014, s59 how many PSPOs have been made?
b) Under the ASBCPA, s67 how many individuals have failed to comply with the order?
c) How many fixed penalty notices were issued for PSPOs under the ASBCPA, s68?
d) Under the ASBCPA, s61 how many further various have been made to orders in effect?
e) Under the ASBCPA, s66 how many times has the validity of the orders been challenged?
f) How many of these fines were paid and/or how many fines remain unpaid?

3. Data from the time of commencement of Community Protection Notices (CPNs):
a) Under the Anti-Social Behaviour, Crime and Policing Act (ASBCPA) 2014, s43 how many CPNs have been issued?
b) Under the ASBCPA s43 how many Community Protection Notices have been issued?
c) Under the ASBCPA, s52 how many fixed penalty notices have been issued?
Under the ASBCPA, s48 how many individuals have committed the offence of failing to comply with the order?
d) Under the ASBCPA, s46 how many appeals have there been against the CPNs?
e) How many fines have been paid and/or how many fines remain unpaid?
If possible, it would be helpful if the data could be broken down by year, parish and type of litter offence (e.g. car litter, etc). If the council does not have the data (mentioned above) which body holds this data?

Yours faithfully,

Samantha Davey

Debbie Bunce, Tendring District Council

Dear Samantha,

 

Thank you for your FOI request which I can confirm is now receiving
attention.

 

In accordance with the provisions of the Freedom of Information Act 2000
you should receive a comprehensive reply to your request by 23 February
2017 unless the Council does not hold the information or there is a reason
for it to be withheld.

 

In certain circumstances, a fee may be payable for determining, locating,
retrieving and extracting information and/or the cost for disbursements
such as photocopying and postage.  A Fees Notice will be issued to you
with details of any costs involved and you will be required to pay this
before I can proceed to deal with your request.

 

Kind regards

 

 

 

Debbie Bunce PC.foi

Legal Administration and Information Officer

Governance and Legal Services

Corporate Services

( (01255) 686573

8 [1][email address]

 

 

show quoted sections

Debbie Bunce, Tendring District Council

Dear Samantha,

 

Further to your FOI request submitted on 26 January, please find below the
answers to your questions:-

 

1. Data for the last 5 years on the following:

a) Under the Environmental Protection Act (EPA) 1990, s87 how many
individuals committed the offence of leaving litter? 3

b) Under the EPA s88 how many fixed penalty notices for leaving litter
were issued? 3

c) How many of these fines were paid and/or how many fines remain unpaid?
1 left unpaid

d) How many challenges have been made against payment of fines? 0

e) How many litter abatement notices were issued under the EPA s92? 0

f) How many street litter control notices were issued under EPA ss93-94? 0

g) How many litter clearance notices were issued under the EPA s92A? 0

 

2. Data from the time of commencement of Public Space Protection Orders
(PSPOs):

 

a) Under the Anti-Social Behaviour, Crime and Policing Act (ASBCPA) 2014,
s59 how many PSPOs have been made? ONE

b) Under the ASBCPA, s67 how many individuals have failed to comply with
the order? 51

c) How many fixed penalty notices were issued for PSPOs under the ASBCPA,
s68?  9

d) Under the ASBCPA, s61 how many further various have been made to orders
in effect? None

e) Under the ASBCPA, s66 how many times has the validity of the orders
been challenged? None

f) How many of these fines were paid and/or how many fines remain unpaid? 
Unknown at the moment

 

3. Data from the time of commencement of Community Protection Notices
(CPNs):

a) Under the Anti-Social Behaviour, Crime and Policing Act (ASBCPA) 2014,
s43 how many CPNs have been issued?

b) Under the ASBCPA s43 how many Community Protection Notices have been
issued?

c) Under the ASBCPA, s52 how many fixed penalty notices have been issued?

Under the ASBCPA, s48 how many individuals have committed the offence of
failing to comply with the order?

d) Under the ASBCPA, s46 how many appeals have there been against the
CPNs?

e) How many fines have been paid and/or how many fines remain unpaid?

If possible, it would be helpful if the data could be broken down by year,
parish and type of litter offence (e.g. car litter, etc). If the council
does not have the data (mentioned above) which body holds this data?

 

Question 3. TDC have not issued any CPN’s either alone or jointly with
Essex Police.  Therefore all the other sub questions under 3 are
irrelevant.

 

I hope this information is of assistance to you. However if you feel that
the Council have failed to deal with your request for information
correctly you can request that the matter is reviewed in accordance with
the Authority's Complaints Procedure. Requests for internal reviews should
be sent to Mrs D Bunce, Legal Administration and Information Officer,
Governance and Legal Services, Town Hall, Station Road, Clacton-on-Sea,
Essex CO15 1SE.  Further details of this procedure can be obtained from
all Council offices or from our website (www.tendringdc.gov.uk).

                           

If you are not content with the outcome of the internal review you have
the right to apply directly to the Information Commissioner for a
decision.  The Information Commissioner can be contacted at:

 

FOI Compliance Team (complaints), Information Commissioner's Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF

 

If you have any other queries about this matter then please contact me.

 

Kind regards

 

 

 

 

Debbie Bunce PC.foi

Legal Administration and Information Officer

Governance and Legal Services

Corporate Services

( (01255) 686573

8 [1][email address]

 

show quoted sections

Dear Debbie Bunce,

Thank you for your speedy and thorough response. Is there any chance that you would be able to break down those figures annually?

Yours sincerely,

Samantha Davey

Debbie Bunce, Tendring District Council

Thank you for contacting Legal Services.

We aim to respond to all emails as soon as possible but please note that whilst our aim is to provide a response within 10 working days, we are currently experiencing an extremely high volume of work and a full response may take longer. In the event that your enquiry is particularly complicated, or we need to seek further instruction or detail from you, and may therefore take longer than 10 working days we will advise you of this.

Thank you for your co-operation and patience.

Please note that Tendring District Council does not accept service of documents by e-mail.

________________________________

This email may contain Copyright Material and/or sensitive or protectively marked / classified material.
The email is intended for the named addressee(s). Unless you are the named addressee (or authorised to receive it for the addressee), you may not copy, use it, or disclose it to anyone else. If you have received this transmission in error please notify the sender immediately.
All email traffic may be subject to recording and/or monitoring in accordance with relevant legislation.
Correspondence sent to the Council is treated as being sent to the organisation as a whole and may be shared within the organisation and/or legitimate and authorised external organisations to enable the matter contained therein to be dealt with appropriately and/or to comply with legislative requirements.
Tendring District Council does not accept service of documents by e-mail.

Debbie Bunce, Tendring District Council

Dear Samantha,

 

Further to your e-mail please find below the further information
requested:-

 

Question 1

 

2016/17 1 issued and 1 paid

2015/16 0

2014/15 1 issued and 1 paid

2013/14 1 issued and 1 unpaid

2012/13 0

 

Question 2

 

The PSPO came into place 01^st July 2016 so there are only figures for
2016.  The figures for the PSPO are for the first 5 months to end of
December 2016.

 

I trust that this answers your question.

 

Kind regards

 

Debbie

 

 

Debbie Bunce PC.foi

Legal Administration and Information Officer

Governance and Legal Services

Corporate Services

( (01255) 686573

8 [1][email address]

 

show quoted sections

Dear Debbie Bunce,

Thank you, you have been very helpful.

Yours sincerely,

Samantha Davey

Debbie Bunce, Tendring District Council

Thank you for contacting Legal Services.

We aim to respond to all emails as soon as possible but please note that whilst our aim is to provide a response within 10 working days, we are currently experiencing an extremely high volume of work and a full response may take longer. In the event that your enquiry is particularly complicated, or we need to seek further instruction or detail from you, and may therefore take longer than 10 working days we will advise you of this.

Thank you for your co-operation and patience.

Please note that Tendring District Council does not accept service of documents by e-mail.

Debbie Bunce
Legal Administration and Information Officer
Governance and Legal Services
Corporate Services
* (01255) 686573
* [email address]<mailto:[email address]>

________________________________

This email may contain Copyright Material and/or sensitive or protectively marked / classified material.
The email is intended for the named addressee(s). Unless you are the named addressee (or authorised to receive it for the addressee), you may not copy, use it, or disclose it to anyone else. If you have received this transmission in error please notify the sender immediately.
All email traffic may be subject to recording and/or monitoring in accordance with relevant legislation.
Correspondence sent to the Council is treated as being sent to the organisation as a whole and may be shared within the organisation and/or legitimate and authorised external organisations to enable the matter contained therein to be dealt with appropriately and/or to comply with legislative requirements.
Tendring District Council does not accept service of documents by e-mail.

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