Littering fixed penalty notices (FPNs)

Fixed penalty notices (FPNs)

FPNs are issued for low level environmental or public health offences. FPNs can be issued to individuals or businesses. They allow a person to pay the notice without having to attend court.

Littering fines

A notice for littering is £150.

Littering offences include:

littering such as chewing gum, fast food packaging and sweet wrappers
throwing a cigarette on the ground
throwing a cigarette down a drain.

Payment is required within 28 days of the date you received your FPN. There is a reduced payment of £90 if you pay within 21 days of receiving your FPN.

If an offender is prosecuted, the maximum fine for littering can be up to £2,500. Fines are issued on the spot or by post.

Dog management Public Space Protection Orders (PSPO) fines

A notice for a PSPO dog offence is £100. Dog offences include:

failing to clear up after the dog you are walking
not disposing of the dog bag in a bin
taking your dog into an excluded area.

Forgetting to take dog waste bags with you is not an excuse.

Find out more about dog management PSPOs.

Payment is required within 28 days of the date you received your FPN. There is a reduced payment of £70 if you pay within 21 days of receiving your FPN.

If an offender is prosecuted, the maximum fine for a PSPO offence can be up to £1,000. Fines are issued on the spot or by post.

Why we're taking action

We feel it's important for Medway to be free from litter and dog fouling to provide a pleasant environment to live in and visit. Despite our efforts to keep the area clean, some individuals continue to:

drop litter
fail to clean up after their dog
carry out other anti-social behaviour.

Because of this, we have introduced enforcement to help keep Medway clean.

Littering laws have been in place since 1990. Many councils across the country issue fines for littering and dog related offences.

We have begun a contract with Waste Investigations Support and Enforcement (WISE) to issue FPNs for littering and dog related offences.

Littering law

The offence for littering is covered by Section 87 of the Environmental Protection Act 1990. The legislation states:

“If any person throws down, drops or otherwise deposits in, into or from any place to which this section applies, and leaves, anything whatsoever in such circumstances as to cause, or contribute to, or tend to lead to, the defacement by litter of any place to which this section applies, he shall, subject to subsection (2) below, be guilty of an offence.”

Dog fouling offences fall under section 87 of the Environmental Protection Act and section 67 of the Anti-Social Behaviour Crime and Policing Act 2014.

Part 1A Effective Enforcement code of practice for litter and refuse September 2019, provides details on the effective use of enforcement action against littering offences.

This guidance enables local councils to ensure they're following best practice when carrying out any enforcement actions. The guidance includes information about enforcement actions, finance, training, funding, collection, and storage of evidence.

What is litter

To read the full explanation, go to the code of practice on litter and refuse 2005. Paragraph 5(2) states:

"5.2 Litter is most commonly assumed to include materials, often associated with smoking, eating and drinking, that are improperly discarded and left by members of the public; or are spilt during business operations as well as waste management operations."

This is the most common explanation and is provided as a guide.

Littering can take place on any land, private or public, if it is open to the air.

Enforcement officers

WISE officers are authorised to issue FPNs as part of variety enforcement duties. We have a contract with WISE, working under the direction of Public Protection on behalf of us.

Our contract with WISE sets out which legislation their officers can enforce. There is no law that states officers issuing FPNs must wear a uniform. Officers may be in uniform or plain clothes. WISE officers do wear a uniform that has the WISE logo and ours.

How to pay an FPN

At a Post Office

All FPNs can be paid at your local Post Office. To find your nearest Post Office, visit the Post Office branch finder.

Online

P ay a fixed penalty online.

By phone

If the FPN is issued by WISE, phone: 0330 314 9706.

If the FPN is issued by Medway Council, phone: 01634 333 128 or 01634 333 333.

Paying in instalments

We are unable to accept instalment plans for FPNs. If you are struggling to pay your fine, please contact WISE using the details on your fine. We can sometimes allow extra time to pay to avoid prosecution.

How to appeal

Under current law, you are not able to appeal a FPN.

A fixed penalty is not a fine as punishment. A FPN is a notice offering the person the opportunity to discharge liability by paying the notice. We cannot refund this payment once it has been made.

If you dispute the FPN, the legal process for doing so is by not paying the fine. The matter is referred to the magistrates’ court where the case is heard. It is decided by the court whether an offence was committed and if any penalty should be imposed.

The formal court route is the only way to appeal an FPN for littering.

Complaints

If you feel the FPN was issued incorrectly, please contact WISE as soon as possible in writing to:

WISE Limited
PO Box 6945
London
W1A 6US

You can also:

email: medway@wasteenforcement.co.uk
visit the WISE website.

Representation will not normally be considered on the basis that:

you did not know the law
you did not know that officers were patrolling in the area
you offered to pick up the item
you were not issued with a warning and this is your first offence
you did not have any dog bags at the time
you were coming back to clear up the dog mess.

If you believe the officer was rude or did not behave appropriately, we would consider this a complaint and will investigate. If the FPN was issued correctly, it will still stand.

Giving your details

Under section 88.8(a) and 88.8(b) of the Environmental Protection Act 1990 it is against the law to not give your details or give false details to the officer. You can be fined for not giving the correct information. The officer will ask for a form of ID and ask for your full name and address. Officers check identity using an electronic identification system.

If you have received a FPN but it was not you, contact medway@wasteenforcement.co.uk

Evidence

The offence of dropping litter only needs to be seen by an authorised officer. We do not need to provide proof either by photograph or video. The officer will prepare a witness statement which will include details of what they saw.

WISE employees

WISE employees wear body worn cameras that record interactions themselves and the public. They do not record the offence being committed. The camera records sound and images of the interaction between the officer and the member of the public they are talking to. This is to ensure an accurate record of the interaction and provides security for health and safety.

The environmental officers are trained in environmental enforcement law and procedure. They receive intensive training and ongoing professional development to maintain the high standards needed by us.

Any complaints against the WISE officers can be made to Waste Investigations Support and Enforcement Limited.

Video footage

WISE do not have to provide copies of the footage until the FPN is paid. This is because until the FPN is paid and liability to prosecution is discharged, the footage forms part of an ongoing criminal investigation. The criminal procedure and investigations act 1996 explains the law on disclosure of evidence.

Litter does include smaller items. We currently spend more than 4 million pounds per year on cleaning costs. Dropping litter, even a small item, contributes to cleaning costs. By issuing fines along with education we are trying to change behaviours.

Cigarettes

Litter includes cigarette ends, packets and wrappers. Dropping cigarettes adds to cleaning costs. By issuing fines along with education we are trying to change behaviours.The law also applies to drains. Dropping your cigarette end down a drain is still littering. Cigarette ends which are thrown down the drain cause blocked drains and pollute our waterways and the sea. The toxic chemicals in cigarette butts are harmful to marine life and wildlife. Smokers must make sure that the cigarette is completely extinguished before putting the end in a bin. Most litter bins have a stubbing out area on the top.

Litter bins

We try to place bins where they are most needed. These are usually where most people are, such as in towns and shopping areas. It is not possible to have bins on every street. If a bin is not available or full then we must all act responsibly and either take our litter home or carry it until a bin is available

Signage

We are not required to put signs up telling people not to drop litter. Littering has been a criminal offence since 1990.

Offering to pick up litter

The offence relates to the dropping, throwing, depositing, and leaving of litter. Even if you volunteer to pick the litter up afterwards, you have committed an offence and will be given a fine.

Warnings

Leaving litter is an offence. The Council does not have to issue a warning and you can be fined immediately. We do this to make sure there is a consistent approach when issuing fines. Littering has been an offence since 1990. By issuing fines and educating the public, we are trying to change behaviours. Our aim is to reduce the amount of litter that is discarded in Medway.

We update our social media pages with information about littering and that WISE operate in Medway.

To follow us on social media, visit our Facebook and Twitter pages.

Age restrictions

WISE does not issue FPNs for littering to anyone under the age of 18. If you are seen dropping litter and an officer approaches you, you will be asked for your details including your date of birth. If you are under 18 you may be asked to provide proof of your age. If you do not have any ID on you, you may still be issued with the notice if the officer feels you are over 18. This is because your date of birth cannot be verified at the time of the offence. Once you have provided proof of your age the FPN will be cancelled.

Exemptions

There are exemptions where it is deemed not in the public interest to take formal action against a person. This includes vulnerable people and people with proven mental or physical disabilities.

How the money is used

The aim is not to make money but to ensure Medway is a clean place to visit and live. The government produced its n ational litter strategy in 2017. This aims to reduce the amount of litter being dropped by providing a legislative framework and education. We follow the guidelines in the code of practice by making sure that there are no income targets associated with issuing of FPNs. The money received from FPNs for littering is used to improve the environment.

Commission and quotas

WISE officers are paid a salary regardless of how many tickets are issued. They do not receive a bonus or commission.

Enforcement officers will issue tickets when they observe people dropping litter or committing a dog offence. They do not have targets set for the number of notices issued.

How we use your information

Medway Council and WISE keep records of the FPNs issued. We are the data controller for the information you provide. Wherever we process personal information we make sure we have a basis for doing so in data protection law.

We understand our basis for enforcing FPNs relating to littering offences as article 6.1(c) and 6.1(e) of the General Data Protection Regulation.

This is because we carry out this activity as part of our public task and as a legal obligation as a local authority to enforce the littering offences under the Environmental Protection Act 1990 and section 67 Anti-Social Behaviour Crime and Policing Act 2014.

More information

For further information, please visit our neighbourhood and environment privacy policy and Medway Council data protection policy.

Contact WISE