Fixed Penalty Notices

A Fixed Penalty Notice is a notice served by an officer authorised by the Council for a range of environmental offences.   Fixed Penalty Notices may be issued "on the spot" or through the post. By paying the penalty it means you agree that you have committed the offence, no further action will be taken against you and you can avoid being prosecuted in Court.

Litter is not defined in law, but is anything that is dropped, thrown or otherwise deposited.  This can include cigarette butts, food and drink wrappers, chewing gum, drinks cans, till receipts, left over food etc. It is also an offence to deposit litter (including cigarette butts) down a drain or road gulley. 

Under the legislation it is an offence to drop litter on land which is open to the air and to which the public have access.  This is irrespective of whether the land is publicly or privately owned (unless you have the permission of the land owner). 

Littering and dog fouling are offences, so whether or not you subsequently volunteer to pick up your litter or the dog fouling afterwards you have committed an offence and will be issued with a Fixed Penalty Notice.

Yes.  Littering offences relate to the dropping / depositing of litter, you have still committed an offence if you originally walked away and so you will receive a Fixed Penalty Notice.

Smokers are responsible for ensuring that they completely extinguish their cigarettes before placing them in the bin. To avoid any risk of fire, cigarettes ends must be completely extinguished.  Council litter bins have cigarette stubbing plates for extinguishing cigarettes before you place them in the bin.   

Cigarette waste is the same as any other waste and you can be issued with a Fixed Penalty Notice for not disposing of cigarette stubs properly. 

No, we are unable to take payments by instalments.  You must make the full payment by the date specified.

The income from the fines goes back into providing the service.  We spend large amounts of money each year cleaning the streets and collecting litter and waste which has been dumped.   The aim is to encourage people who live, work and visit the district to help keep it clean for everyone to enjoy and for those who refuse to take responsibility for their actions to comply with the law. 

No, the enforcement officers are paid an annual salary that is not dependent on the number of tickets they issue.

If you feel that the officer's behaviour was unacceptable, please complete the online feedback form www.southkesteven.gov.uk/feedback and your complaint will be investigated. You should be aware that making a complaint is treated separately to the Fixed Penalty Notice, and as an offence is still alleged, you remain liable to prosecution unless you choose to pay the Fixed Penalty Notice within the time specified.

Yes you will still have to pay.  The Council is not required to place signage on every street, although we do use signs in some areas to remind people. Littering and dog fouling have been offences for many years and many councils are actively issuing Fixed Penalty Notices to those who discard rubbish or don't pick up after their dog has fouled. 

Under Section 88(8A) Environmental Protection Act 1990, if an authorised officer of a litter authority (the Council) proposes to give a person a Fixed Penalty Notice under this section, the officer may require the person to give them their name and address.  You can be fined an additional amount on top of the Fixed Penalty Notice if you refuse to give your details, or provide false details.

Appeals on the grounds that the recipient of the Fixed Penalty Notice has a demonstrable lack of physical or mental capacity will be considered on a case by case basis and must be made in writing within 5 days of the Fixed Penalty Notice being issued.  Appeals will not be considered on any other grounds. 

In this case the matter will be dealt with formally through prosecution in the Magistrate's Court where you will have the opportunity to explain your defence.   It will then be up to the Court to determine whether or not an offence was committed and whether or not any penalty should be imposed. Please be aware that the financial penalty imposed by the Court can be significantly greater than that which is imposed through a Fixed Penalty Notice and you may receive a criminal record.  You may also be liable for any costs incurred by the Council in bring the case to Court. 

If you do not pay the Fixed Penalty Notice the case will procced to the Magistrate's Court for criminal prosecution for the original offence of dropping litter.  If you are found guilty the Court can impose a fine of up to £2,500 and you could have a criminal record. 

Our anti-litter education has been continual in recent years, but our message is still ignored by some people.  We are serious about keeping the district clean and have invested in tacking litter as part of our Big Clean project.