Cllr Duffy calls for Special Council Meeting on waste strategy waste

Cllr Duffy (Labour, Kilburn) has sent the following email to all Brent Councillors:

Dear Councillor

Firstly I am sorry for the length of this email , but I believe it deals with important issues.

I am asking for your support to call a special Council meeting to discuss the issues concerning  the waste of resources  around fly-tipping , enforcement and bulky waste collections, together with the cabinets failure to maximise income on the green bin service  and their failure to improve our recycling levels.

FLY-TIPPING

To get to the issue why I am sending this email  and to put it into respective. In Nov 2015 a scrutiny task group reported into fly –tipping which was plaguing Brent ( and other boroughs) and made up more than 90% of Street Environment complaints. The Task group review was concerned with "reducing the levels of fly tipping in Brent and ensuring clean and safe environments for Brent resident’s; and as a result, a reduction in cleanup and enforcement costs".

The committee looked at 14 different types of fly-tipping , which were causing problems in Brent. Dog-ends was not among them and did not figure in any charts made known to the committee. The task group was informed of 2013/14  fly-tipping incidents and costs. There were 7001 incidents of reported fly-tipping. 

The  Lead member for the environment advocated employing Kingdom Securities  to deal with the problem of Fly-tipping. Kingdom Securities are a well known low-wage , non-union company.. The cabinet and later the Scrutiny Committee agreed (against my advice) to award the contract to Kingdom Securities without going out to tender or looking at an In-House option. You may remember the details of that contract  that the private contractor was to get £46 per Fixed penalty notice (PFN) issued ,the council would get £34 for every PFN paid  and the council would  paid all legal fees and that Kingdom securities would not search or investigate fly-tipping instead they would concentrate on Cigarette dog -ends even though they were not named as a problem. Altogether approximately 6000 were issued ( many to vulnerable people ) therefore Kingdom securities received  £246k and the leadership and Lead member used the soundbite "Zero Tolerance"  to explain the policy.

How wrong they were!

Councillor accuses Brent Council/Kingdom Securities of 'bounty hunting' over littering fines

Cllr John Duffy has condemned the Fixed Penalty Notice Littering Scheme run for Brent Council by Kingdom Securities as 'bounty hunting' and 'entrapment of the worst type:

My understanding is that these tickets should not be issued until the resident have had the chance to pick up the  litter.  I believe this whole scheme is a con , these officer will not investigate dumped bags, only hang around outside fast food  bookies and pubs looking for smokers, instead of approaching the premises and asking them to place a receptacle for smokers.

This is bounty hunting  the poorest residents  and in the case of Kilburn High Road is entrapment of the worst type.

Duffy visited Victoria Road and McDonalds to see for himself and wrote to Carolyn Downs, Brent Chief Executive Officer: 

I visited the area last night.  I spoke to someone from McDonald's  and some residents .

No one seems to understand why Brent would remove the bins from outside a major fast food retailer , with a high foot fall, a young demographic  and a strategic location.

One resident asked were they removed to increase the numbers of litter tickets issued by KS.  As I cannot think of any other reason for the removal, can you confirm the day they were removed , who made the request to remove  them and were any FPN issued in that area during the time the bins were removed .

This morning  (10mins ago) I heard of KS issuing tickets on  Kilburn High Road, without  giving the person an opportunity to pick it up.

I realise this a serious issue  removing litter bins when we have an enforcement process going on.  If we are trying to entrap residents into committing a offence , that is unacceptable. I believe we need to get to the bottom of the issue immediately. 

I have always had concerns about the policy of paying for bounty hunters to issue tickets , which was promoted by Cllr Southwood and Cllr Mashari, now I believe we should suspend the service until we have sorted out clear rules of engagement with public.

In the meantime I demand to know why they were removed and who requested there removal , with a full email trial of the instruction. I also need to know the number of tickets that were issued in Kilburn high road during the period the bins were removed.

In an earlier email to Brent Council officers, Cllr Duffy asked for answers to a series of questions:

I understand from the local paper, that the private firm introduced by the cabinet, Kingdom Securities (KS),  has issue 1200 FPNs.I therefore would like the following information.

(1) Can you also tell me how many FPN were issued for offences other than Littering( list below provided by DEFRA )

·       littering

·       fly-tipping

·       dog control offences

·       graffiti

·       fly-posting

·       nuisance parking (people selling or repairing cars on the road)

·       abandoned vehicles

·       leafleting without permission on land where leafleting is restricted (‘designated land’)

·       failing to nominate a key holder or give the council key holder details in an alarm notification area

·       failing to provide a waste carrier licence (for businesses transporting their own waste)

·       failing to provide a waste transfer note when moving non-hazardous waste

 or are KS employed exclusively for littering.

(2) What percentage were issued outside Tube stations, bus stops for discarding cigarette butts or similar before they enter a tube station or get on a bus.

(3) How many of these were issue following the searching of dicscarded waste under section 87 and section 88.

(4) Were any of the 1,200 offenders offer a chance to pick the offending litter as per the guidance laid down by Defra "that strictly speaking the unintentional dropping of litter is an offence , however DEFRA advise that a notice should only be issued if, after drawing the matter to the person’s attention, and he then fails to pick it up. Can you confirm you have followed Defra's guidelines that you have allow the offender to pick it -up and therefore only cautioned them if they did so, instead of issuing a FPN.

(5) As you may be aware Defra also say that in practice, the overwhelming majority of environmental offences are ‘summary offences’, this is to say they are criminal offences that are tried summarily, in front of the magistrates.  Also it is a requirement that records should be kept of the number of fixed penalty notices issued, the resulting receipts and the number of cases pursued through the courts. This information is legally required on an annual basis by Defra for monitoring purposes.Therefore can you confirm how many cases have been referred to the legal section for prosecution.

(6) How many have been paid within the 14 days required? (please change the question below to your anwser)

(7) I am assuming  we have received 70% payment and have been  paid = £67200 we have paid KS £55200 and therefore we have received £12k extra revenue to deal with appeals and taking legal actions against the outstanding offenders,can you confirm that is the case. Can you  also estimate the cost of the legal department of dealing the outstanding unpaid FPNs.

(8) Can you give me the on costs for the office space per month for the six members of staff , which was  circulated in your report to scrutiny and has KS incurred and other costs like the use of IT, use of pool cars , free car parking,  could you also give me the cost of collecting the fines by Brent.

 (9) It is clear the only fixed cost is the £55k income we have paid KS, can you confirm we have stopped cost for any item in part (8) above.