MEMBERS of the public could be empowered to dish out on-the-spot penalty notices to people they consider are breaking the law.

A new government act would permit designated officers - trained non council workers - to be authorised by town halls and parish councils to fine "offenders" as much as £150 in fixed penalty notices.

But department bosses at Macclesfield Borough Council believe this could result in unpleasant exchanges in the street.

Tony Bryant, head of environmental health, said: "Giving out a fixed penalty notice is one of the most aggressive situations you can experience."

He said that officials like traffic wardens and dog wardens get their fair share of problems, and they wear uniforms.

"We do get a lot of abuse, therefore, to pick whoever gives out the fines is not a case of pulling them off the street - we would need the right calibre of people," he added.

Paul Morgan, head of waste management at the town hall, said: "The last thing we want is people going around off their own bat giving out fixed penalty notices."

Insp Gary Simpson, head of Macclesfield Neighbourhood Policing Unit, was also concerned about who was chosen to give out the notices.

He said: "It would have to be the correct characters who were picked and they would have to have the appropriate training but that is a matter for the borough council."

The Clean Neighbourhoods and Environment Act, which comes into being next April, has made the system of on-the-spot fines - the things they can be given out for and who can give them - more flexible.

The areas that the new act will bring broader powers of fining for are:

  • Crime and disorder
  • Nuisance and abandoned vehicles
  • Litter
  • Graffiti and fly-posting
  • Waste
  • Dog fouling and dog control orders

At present only the town hall can give out fixed penalty notices but the act will give parish councils the power to allow either people in their employment or volunteers to fine "offenders".

David Burrows, a spokesman for the Department of Food and Rural Affairs, said that the new powers wouldn't open the floodgates for a person who wants to be "a designated officer" actually becoming one.

He said: "The new system can be organised through the parish councils or local authorities but you won't have to allow anyone who turns up saying 'I want to tackle litter' to become an officer.

"It is up to the council how they use their new powers or whether they use them at all."

He added that parish councils could work on their own, independent of town halls, but it was preferable to work together in the event of legal action.

Paul Morgan claimed that the town hall will use the new powers to extend the designated officers in Macclesfield Borough Council's employment and not open it up to volunteers.

He said: "Serving a fixed penalty notice can turn into a dangerous situation so there has to be a minimum standard of training for their own health and safety and to be completely within the law.

"They have to know certain elements of what is needed as criminal evidence as well as the legislation in question and they have to be able to protect themselves.

"The training course would be an intensive one for three to five days dealing with the legislation, health and safety and criminal evidence."

He said that local authorities could set the level of the fixed penalties ranging between £100-£150 with £100 being the default amount.

Mr Morgan said: "Before we can use any of these powers we have to advertise them and we will put on a promotional campaign so people will know what we are doing."

He said: "At the end of the day people know it is a crime to drop litter and if this act puts more people on the ground it will make people think about who is watching them as they drop litter.

"The council needs to take a policy decision which would probably take the form of a partnership with a parish council if they wanted the new powers."

Poynton Parish Council were the first in the borough to realise the potential of the new act but when it was raised at a Crime, Order and Public Safety Committee it was met with derision.

Councillor Laurence Clarke, speaking at a committee meeting said: "It is potentially very dangerous to allow members of the public to give out fines and could lead to a very serious problem.

"It could lead to a lot more problems than it solves."