Birmingham City Council Report of the Interim
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BIRMINGHAM CITY COUNCIL REPORT OF THE INTERIM ASSISTANT DIRECTOR OF REGULATION AND ENFORCEMENT TO THE LICENSING AND PUBLIC PROTECTION COMMITTEE NOVEMBER 2020 ALL WARDS PROSECUTIONS AND CAUTIONS: APRIL 2020 - AUGUST 2020 1. Summary 1.1 This report summarises the outcome of legal proceedings taken by Regulation and Enforcement during the months of April to August 2020. 2. Recommendation 2.1 That the report be noted. Contact Officer: Paul Lankester Interim Assistant Director, Regulation and Enforcement Neighbourhoods Directorate Telephone: 0121 675 2495 E-Mail: [email protected] 1 3. Results 3.1 During the months of April to August 2020, the following cases were heard at Birmingham Magistrates Court, unless otherwise stated: ▪ 162 Environmental Health cases were finalised resulting in fines of £50,360. Prosecution costs of £28,080 were awarded. Eight simple cautions were administered as set out in Appendix 1. ▪ No Licensing cases were finalised. Eight simple cautions were administered as set out in Appendix 2. ▪ One Trading Standards case was finalised resulting in a four month suspended sentence and a Rehabilitation Activity Requirement + 150 hours unpaid work. No simple cautions were administered as set out in Appendix 3. ▪ One Waste Enforcement case was finalised resulting in a fine of £250 and prosecution costs in the sum of £800. No simple cautions were administered as set out in Appendix 4. ▪ Appendix 5 lists cases finalised by district April 2019 – August 2020. ▪ Appendix 6 lists the enforcement activity undertaken by the Waste Enforcement Team from April to August 2020. ▪ Appendix 7 lists Penalty Charge Notices issued by Parking Enforcement specifically for individuals parking on Taxi Ranks across the City April to August 2020. Please note this does not include other parking tickets issued anywhere else in the City. 4. Consultation 4.1 The Enforcement Policy that underpins the work identified in this report is approved by your Committee. The policy reflects the views of the public and business in terms of the regulation duties of the Council. Any enforcement action[s] taken as a result of the contents of this report are subject to that Enforcement Policy. 5. Implications for Resources 5.1 Costs incurred in investigating and preparing prosecutions, including officers’ time, the professional fees of expert witnesses etc. are recorded as prosecution costs. Arrangements have been made with the Magistrates Court for any costs awarded to be reimbursed to the City Council. Monies paid in respect of fines are paid to the Treasury. 2 5.2 For the year April 2020 to August 2020 the following costs have been requested and awarded: Environmental Health (including Waste Enforcement cases) £29,520 has been requested with £28,880 being awarded (98%). Licensing No costs have been requested or awarded. Trading Standards No costs have been requested or awarded. 5.3 This will not directly correlate to the values awarded in the same time period as individual cases are often cleared in instalments with the associated fines and court costs taking precedence over the settling of BCC legal costs. Therefore, income received may relate to cases from the previous financial year or earlier. 6. Implications for Policy Priorities 6.1 The contents of this report contribute to the priority action of ensuring business compliance with legislation to protect the economic interests of consumers and businesses as contained in the Council Business Plan 2015+. 7. Public Sector Equality Duty 7.1 The actions identified in this report were taken in accordance with the Enforcement Policy of the Licensing and Public Protection Committee which ensures that equality issues have been addressed. INTERIM ASSISTANT DIRECTOR OF REGULATION AND ENFORCEMENT Background Papers: Nil 3 APPENDIX 1 ENVIRONMENTAL HEALTH CASES LITTERING OFFENCES – SINGLE JUSTICE PROCEDURE Date Cases Total Number Total Fines imposed Total Costs awarded Total Costs requested Heard of Cases 26/5/20 82 £33,352 £14,170 £14,350 23/6/20 32 £7,002 £5,600 £5,600 14/7/20 6 £1,200 £960 £960 25/8/20 42 £8,806 £7,350 £7,350 Date Case Name Fine/Penalty & Ward of defendant Heard Costs 1 26/5/20 Azad Abbas £440 Glebe Farm & Tile Birmingham Cross £175 costs Proved in Absence (£175 requested) 2 26/5/20 Abdul Ahad £440 Perry Barr Birmingham £175 costs Proved in Absence (£175 requested) 3 26/5/20 Adeel Ahmed £440 Aston Birmingham £175 costs Proved in Absence (£175 requested) 4 26/5/20 Amanda Bannister £440 Castle Vale Birmingham £175 costs Proved in Absence (£175 requested) 4 5 26/5/20 Alisha Begum £440 Out of area Birmingham £175 costs Proved in Absence (£175 requested) 6 26/5/20 Henna Begum £440 Ladywood Birmingham £175 costs Proved in Absence (£175 requested) 7 26/5/20 Shute Harris Benjamin £440 Nechells Birmingham £175 costs Proved in Absence (£175 requested) 8 26/5/20 Asia Bibi £440 Ladywood Birmingham £175 costs Proved in Absence (£175 requested) 9 26/5/20 David Alexander £440 Out of area Bleakley Walsall £175 costs (£175 requested) Proved in Absence 10 26/5/20 James Booth £440 Out of area Aston-under-Lyne £175 costs Proved in Absence (£175 requested) 11 26/5/20 Michelle Bowater £440 Out of area Kettering £175 costs Proved in Absence (£175 requested) 12 26/5/20 Sicu Radulesca Bratianu £440 Out of area Stourbridge £175 costs Proved in Absence (£175 requested) 5 13 26/5/20 Charles Brazil £440 Out of area Gloucester £175 costs Proved in Absence (£175 requested) 14 26/5/20 Christina Burst £440 Out of area London £175 costs Proved in Absence (£175 requested) 15 26/5/20 Aidan Butler £440 Harborne Birmingham £175 costs Proved in Absence (£175 requested) 16 26/5/20 Alexandra Callinan £440 Weoley & Selly Oak Birmingham £175 costs Proved in Absence (£175 requested) 17 26/5/20 Hayley Chamberlain £107 Out of area Leicester £175 costs Guilty plea (£175 requested) 18 26/5/20 Haoji Chen £440 Out of area Coventry £175 costs Proved in Absence (£175 requested) 19 26/5/20 Natalie Clarke £440 Perry Barr Birmingham £175 costs Proved in Absence (£175 requested) 6 20 26/5/20 Clare Corbett £440 Out of area London £175 costs Proved in Absence (£175 requested) 21 26/5/20 George Robert Cox £440 Acocks Green Birmingham £175 costs Proved in Absence (£175 requested) 22 26/5/20 Jordan Crawford £323 Sparkhill Birmingham £85 costs Guilty plea (£175 requested) 23 26/5/20 Holly Curmi £440 Out of area Stoke-on-Trent £175 costs Proved in Absence (£175 requested) 24 26/5/20 Zackia Daniels £440 Out of area Bolton £175 costs Proved in Absence (£175 requested) 25 26/5/20 Aasim Din £440 Bournville & Birmingham Cotteridge £175 costs Proved in Absence (£175 requested) 26 26/5/20 Florin Drenea £440 Out of area Coventry £175 costs Proved in Absence (£175 requested) 27 26/5/20 Andrew Elmer £440 Out of area London £175 costs Proved in Absence (£175 requested) 7 28 26/5/20 Kevin Ingor Flach £440 Sutton Mere Green Sutton Coldfield £175 costs Proved in Absence (£175 requested) 29 26/5/20 Edward Florin £440 Out of area Smethwick £175 costs Proved in Absence (£175 requested) 30 26/5/20 Anthony Fox £440 Out of area Leamington Spa £175 costs Proved in Absence (£175 requested) 31 26/5/20 Mirel Daniel Fratita £440 Soho & Jewellery Birmingham Quarter £175 costs Proved in Absence (£175 requested) 32 26/5/20 Cristion George £440 Bordesley Green Birmingham £175 costs Proved in Absence (£175 requested) 33 26/5/20 Viorel Gheorghe £440 Alum Rock Birmingham £175 costs Proved in Absence (£175 requested) 34 26/5/20 Kirsty Green £440 Out of area Henley-in-Arden £175 costs Proved in Absence (£175 requested) 35 26/5/20 Pipa Gulliford £440 Out of area Bridgend, Wales £175 costs Proved in Absence (£175 requested) 8 36 26/5/20 Michael Hadley £440 North Edgbaston Birmingham £175 costs Proved in Absence (£175 requested) 37 26/5/20 Paul Hardwicke £440 Out of area Preston £175 costs Proved in Absence (£175 requested) 38 26/5/20 Catherine Harty £440 Out of area Dudley £175 costs Proved in Absence (£175 requested) 39 26/5/20 Alisha Hussain £80 Sparkbrook & Balsall Birmingham Heath East £130 costs Guilty plea (£175 requested) 40 26/5/20 Shazad Hussain £360 Hall Green North Birmingham £175 costs Guilty plea (£175 requested) 41 26/5/20 Abdulah Idris £440 Out of area Coventry £175 costs Proved in Absence (£175 requested) 42 26/5/20 Georgreta Ilie £440 Holyhead Birmingham £175 costs Proved in Absence (£175 requested) 43 26/5/20 Matei Ionut £440 Nechells Birmingham £175 costs Proved in Absence (£175 requested) 9 44 26/5/20 Rowan Irving £440 Out of area Marlborough £175 costs Proved in Absence (£175 requested) 45 26/5/20 Mohammed Islam £440 Out of area Smethwick £175 costs Proved in Absence (£175 requested) 46 26/5/20 Walid Issa £440 Alum Rock Birmingham £175 costs Proved in Absence (£175 requested) 47 26/5/20 John Anthony Jackson £307 Out of area Solihull £175 costs Guilty plea (£175 requested) 48 26/5/20 Matthew Jansen £440 Out of area Oldbury £175 costs Proved in Absence (£175 requested) 49 26/5/20 Russell Jones £440 South Yardley Birmingham £175 costs Proved in Absence (£175 requested) 50 26/5/20 Ylli Kadrija £440 Out of area Watford £175 costs Proved in Absence (£175 requested) 51 26/5/20 Maham Khan £440 Out of area Nottingham £175 costs Proved in Absence (£175 requested) 10 52 26/5/20 Alicia Killeen £440 Out of area Burntwood £175 costs Proved in Absence (£175 requested) 53 26/5/20 Nuh Kizil £440 Out of area Croydon £175 costs Proved in Absence (£175 requested) 54 26/5/20 Maciej Kowalski £440 Hall Green North Birmingham £175 costs Proved in Absence (£175 requested) 55