This is a spin off from the Littering Fixed Penalty Topic Click Me
So if your caught littering it looks like the advice is pay up, and give your details. But obviously check they are an official and not a fake / scammer. You can video and take pictures of them, read this first. http://content.met.police.uk/Site/photographyadvice
Litter Police : Summary
penalty notices may be issued to children aged 10 or over, as well as to adults. This page states the age of 10 and above Click Me Found the page thanks to DD post later in this thread Click Me
Who can nab you ? Litter authority authorised officers, including persons not employed by the local authority (includes parish councils, National Park authorities and the Broads Authority) Accredited persons - litter wardens Police community support officers (PCSOs) Power to photograph persons given a penalty notice
Because you have : throw down, drop or otherwise deposit and leave litter in any place open to the air is a criminal offence, even when dropped on private land or water.
And you will be charged under : Section 87 of the Environmental Protection Act 1990 (EPA), as amended by the Clean Neighbourhoods and Environment Act 2005, makes it an offence to drop, throw or deposit and leave litter anywhere.
And your issued with a fine under : Section 88 of the EPA gives the power to issue a fixed penalty notice
Power to require name and addressSource (1)If an authorised officer of a local authority proposes to give a person a notice under section 6, the officer may require the person to give him his name and address. (2)A person commits an offence if— (a)he fails to give his name and address when required to do so under subsection (1), or (b)he gives a false or inaccurate name or address in response to a requirement under that subsection. (3)A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
WOW This Could Save many people a fine ??
Originally Posted by diggingdeeper
The government has not lifted its FPN guidelines which states ...
Quote
Give offenders the chance to pick up litter before you issue an FPN. Warn them that you will issue an FPN if they don’t.
(1)Where on any occasion an authorised officer of a local authority has reason to believe that a person has committed an offence under section 3 or 4 in the area of that authority, the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty to the local authority. (2)Where a person is given a notice under this section in respect of an offence— (a)no proceedings may be instituted for that offence before the expiration of the period of fourteen days following the date of the notice; and (b)he may not be convicted of that offence if he pays the fixed penalty before the expiration of that period. (3)A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence. (4)A notice under this section must also state— (a)the period during which, by virtue of subsection (2), proceedings will not be taken for the offence; (b)the amount of the fixed penalty; and (c)the person to whom and the address at which the fixed penalty may be paid. (5)Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (4)(c) at the address so mentioned. (6)Where a letter is sent in accordance with subsection (5) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post. (7)The form of a notice under this section is to be such as the appropriate person may by order prescribe. (8)The fixed penalty payable to a local authority under this section is, subject to subsection (9), £100. (9)The appropriate person may by order substitute a different amount for the amount for the time being specified in subsection (8). (10)The local authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority. (11)The appropriate person may by regulations restrict the extent to which, and the circumstances in which, a local authority may make provision under subsection (10). (12)In any proceedings a certificate which— (a)purports to be signed on behalf of the chief finance officer of the local authority, and (b)states that payment of a fixed penalty was or was not received by a date specified in the certificate,is evidence of the facts stated. (13)In this section “chief finance officer”, in relation to a local authority, means the person having responsibility for the financial affairs of the authority.
Extension of litter offence to all open places In section 87 of the Environmental Protection Act 1990 (c. 43) (offence of leaving litter), for subsections (1) to (4) substitute— “(1)A person is guilty of an offence if he throws down, drops or otherwise deposits any litter in any place to which this section applies and leaves it. (2)This section applies to any place in the area of a principal litter authority which is open to the air, subject to subsection (3) below. (3)This section does not apply to a place which is “open to the air” for the purposes of this Part by virtue of section 86(13) above if the public does not have access to it, with or without payment. (4)It is immaterial for the purposes of this section whether the litter is deposited on land or in water. (4A)No offence is committed under subsection (1) above where the depositing of the litter is— (a)authorised by law; or (b)done by or with the consent of the owner, occupier or other person having control of the place where it is deposited. (4B)A person may only give consent under subsection (4A)(b) above in relation to the depositing of litter in a lake or pond or watercourse if he is the owner, occupier or other person having control of— (a)all the land adjoining that lake or pond or watercourse; and (b)all the land through or into which water in that lake or pond or watercourse directly or indirectly discharges, otherwise than by means of a public sewer. (4C)In subsection (4B) above, “lake or pond”, “watercourse” and “public sewer” have the same meanings as in section 104 of the Water Resources Act 1991.”
Litter offence: fixed penalty notices (1)Section 88 of the Environmental Protection Act 1990 (c. 43) (fixed penalty notices for leaving litter) is amended as follows. (2)For subsections (6) and (7) (amount of fixed penalty) substitute— “(6)The fixed penalty payable in pursuance of a notice under this section is payable to the litter authority whose authorised officer gave the notice. (6A)The amount of a fixed penalty payable in pursuance of a notice under this section— (a)is the amount specified by a principal litter authority in relation to its area (whether the penalty is payable to that or another authority), or (b)if no amount is so specified, is £75. (6B)The reference in subsection (6A) above to a principal litter authority does not include an English county council for an area for which there is also a district council. (7)The litter authority to which a fixed penalty is payable under this section may make provision for treating it as having been paid if a lesser amount is paid before the end of a period specified by the authority.” (3)After subsection (8) insert— “(8A)If an authorised officer of a litter authority proposes to give a person a notice under this section, the officer may require the person to give him his name and address. (8B)A person commits an offence if— (a)he fails to give his name and address when required to do so under subsection (8A) above, or (b)he gives a false or inaccurate name or address in response to a requirement under that subsection. (8C)A person guilty of an offence under subsection (8B) above is liable on summary conviction to a fine not exceeding level 3 on the standard scale.” (4)In subsection (9), at the end insert— “(f)a parish or community council.” (5)In subsection (10), for the definition of “authorised officer” substitute—““authorised officer”, in relation to a litter authority, means— (a)an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under this section; (b)any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform that function; and (c)any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices;”. (6)After that subsection insert— “(11)The appropriate person may by regulations prescribe conditions to be satisfied by a person before a parish or community council may authorise him in writing for the purpose of giving notices under this section.”
Environmental Protection Act 1990 Section 88 Click Me Environmental Protection Act 1990 Table of Contents Click Me
Other orders covered by this Clean Neighbourhoods and Environment Act 2005 Click me
Table of Contents Clean Neighbourhoods and Environment Act 2005 Part 1 Crime and disorder 1.Crime and disorder reduction strategies 2.Gating orders Collapse -Part 2 Vehicles Nuisance parking offences 3.Exposing vehicles for sale on a road 4.Repairing vehicles on a road 5.Liability of directors etc Nuisance parking offences: fixed penalty notices 6.Power to give fixed penalty notices 7.Power to require name and address 8.Use of fixed penalty receipts 9.Fixed penalty notices: supplementary Abandoned vehicles 10.Offence of abandoning a vehicle: fixed penalty notices 11.Notice of removal 12.Disposal 13.Guidance 14.Abandoned vehicles: supplementary Illegally parked vehicles etc 15.Notice of removal 16.Disposal 17.Guidance Collapse -Part 3 Litter and refuse Offence of dropping litter 18.Extension of litter offence to all open places 19.Litter offence: fixed penalty notices Local authority notices 20.Litter clearing notices 21.Street litter control notices 22.Failure to comply with notice: fixed penalty notices Free distribution of printed matter 23.Controls on free distribution of printed matter General 24.Fixed penalty notices: common provision 25.Exclusion of liability 26.“Appropriate person” 27.“Litter” Collapse -Part 4 Graffiti and other defacement Graffiti and fly-posting 28.Fixed penalty notices: amount of fixed penalty 29.Fixed penalty notices: power to require name and address 30.Fixed penalty notices: authorised officers 31.Extension of graffiti removal notices to fly-posting 32.Sale of aerosol paint to children Advertisements 33.Unlawful display of advertisements: defences 34.Removal of placards and posters Collapse -Part 5 Waste Chapter 1 Transport of waste 35.Unregistered transport: defence of acting under employer's instructions 36.Registration requirements and conditions 37.Enforcement powers 38.Failure to produce authority: fixed penalty notices 39.Interpretation Chapter 2 Deposit and disposal of waste Offence of unlawful deposit of waste etc 40.Defence of acting under employer's instructions 41.Penalties on conviction 42.Investigation and enforcement costs 43.Clean-up costs 44.Forfeiture of vehicles Offences relating to documentation 45.Failure to furnish documentation: fixed penalty notices Offences: powers of seizure 46.Power to search and seize vehicles Local authority waste collection and disposal 47.Abolition of requirement to contract out waste disposal functions 48.Offences relating to waste receptacles: fixed penalty notices 49.Payments for waste recycling and disposal 50.Power to require owner of land to remove waste Supplementary 51.“Appropriate person” 52.Use of fixed penalty receipts 53.Supplementary enforcement powers Chapter 3 Site waste 54.Site waste management plans Collapse -Part 6 Dogs Chapter 1 Controls on dogs Dog control orders 55.Power to make dog control orders 56.Dog control orders: supplementary 57.Land to which Chapter 1 applies 58.Primary and secondary authorities Fixed penalty notices 59.Fixed penalty notices 60.Amount of fixed penalties 61.Power to require name and address 62.Community support officers etc Supplementary 63.Overlapping powers 64.Byelaws 65.Dogs (Fouling of Land) Act 1996 General 66.“Appropriate person” 67.Regulations and orders Chapter 2 Stray dogs 68.Termination of police responsibility for stray dogs Collapse -Part 7 Noise Chapter 1 Audible intruder alarms Alarm notification areas 69.Designation of alarm notification areas 70.Withdrawal of designation 71.Notification of nominated key-holders 72.Nomination of key-holders 73.Offences under section 71: fixed penalty notices 74.Amount of fixed penalty 75.Use of fixed penalty receipts 76.Fixed penalty notices: power to require name and address Powers in relation to alarms 77.Power of entry 78.Warrant to enter premises by force 79.Powers of entry: supplementary Supplementary 80.Orders and regulations 81.Interpretation Chapter 2 General Noise from premises 82.Noise offences: fixed penalty notices 83.Noise offences: use of fixed penalty receipts 84.Extension of Noise Act 1996 to licensed premises etc 85.Noise Act 1996: supplementary Statutory noise nuisances 86.Deferral of duty to serve abatement notice Collapse -Part 8 Architecture and the built environment Commission for Architecture and the Built Environment 87.The Commission for Architecture and the Built Environment 88.General functions of the Commission 89.Changes to functions of the Commission 90.Power to dissolve the Commission 91.Dissolution of the old Commission 92.Transfer of staff, property etc 93.Tax Financial assistance 94.Architecture and the built environment: financial assistance Supplementary 95.Orders Collapse -Part 9 Miscellaneous Use of fixed penalty receipts 96.Use of fixed penalty receipts: higher tier authorities 97.Use of fixed penalty receipts: lower tier authorities 98.Sections 96 and 97: supplementary Shopping and luggage trolleys 99.Abandoned shopping and luggage trolleys 100.Section 99: transitional provision Statutory nuisances 101.Statutory nuisance: insects 102.Statutory nuisance: lighting 103.Sections 101 and 102: supplementary Pollution 104.Contaminated land: appeals against remediation notices 105.Offences relating to pollution etc: penalties on conviction Collapse -Part 10 General 106.Minor and consequential amendments 107.Repeals 108.Commencement 109.Money 110.Extent 111.Short title
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I consider myself informed and freshly educated to all the changes. But do be aware of false officials impersonating these officers.
Last edited by Mark; 8th Oct 201510:27am. Reason: updated
The litter police would have had a field day yesterday evening on the lower Oxton field at the side of Aldi in Prenton. I walked our dog there this morning and the area around the exercise equipment, bicycle track and even inside the fenced off kiddies playground was strewn with litter of all kinds and there are three bins in the immediate area that they have to pass to leave the field, all of which were empty. Judging by the litter the offenders were children/youths, wouldn't it be good if one of the group leaders said, "Look, this isn't right, let's tidy up", but I suppose that's not regarded as "cool". Luckily the area is blessed by a local resident who takes it upon himself to clean up the litter every morning, also a few of the regular dog walkers and myself take carrier bags to pick up glass bottles to prevent injury to our dogs and children, but we shouldn't have to. It certainly makes a dropped cigarette butt pale into insignificance.
Followed by one on west Kirby beach towards red rocks this evening. Probably Saw we were eating ice cream cones and heading away from the bins. Was going to throw apiece to the seagulls glad I didn't now. I know some people don't eat all the cone --wonder if he would have done me if I had crushed the end of the cone into tiny pieces --is there a minimum size that constitutes litter.
Sorry, I don't get this. Don't drop litter. It's lazy, antisocial, disrespectful. Then you don't need to look in case someone is watching you, or memorise an act of parliament, or look for some technical loophole. All of which is harder and more time consuming than just not dropping litter in the first place.
Sorry, I don't get this. Don't drop litter. It's lazy, antisocial, disrespectful. Then you don't need to look in case someone is watching you, or memorise an act of parliament, or look for some technical loophole. All of which is harder and more time consuming than just not dropping litter in the first place.
Quite agree but would you be upset if you were fined for feeding the ducks with bread at the park or throwing peanuts for the squirrels or an apple core into a hedge in the country. Think the arguments are more over the targeting of people who for so long (because of no prosecutions) have thought it ok to stub out a fag end on the pavement and walk on. Its also the fact I don't specifically want to be followed by someone filming me --in the hope that I might litter--had I thrown a piece to the seagull could I be prosecuted if it didn't eat it and it fell on the sand.
I expect the park pond will have an indication as to whether or not to feed the ducks - and often there is a problem of uneaten bread floating on the surface, which is an eyesore an attracts rats. And come on, how many people do you see walking down the street throwing peanuts to squirrels?! As for seagulls, they are a serious nuisance in many areas precisely because people feed them. But all of this is just looking for pernickity little ways to criticise legislation intended to stop something that is lazy, antisocial and disrespectful.
realistically what can the do if you just ignore them, and don't give them any detail? I know they have you on video, but unless they know who you are, I cant see anything they can do. Not like the police are going to launch an investigation armed with the video.
As usual it's not been thought through. Of course its antisocial to have a vehicle in the road for months "under repair". However a tyre change should be allowed as "emergency"; it would be laughed out of court. What about the "tyres on the drive" companies who will replace tyres at, or outside, ones house? How about the Kids who discard their tinnies in the road or peoples gardens? It's all associated with reasonableness, its the discarding of rubbish that should be stopped. not legitimate actions which leave no mess behind. No worries there aren't enough police anyway and the litter "operatives" only come out in daylight
realistically what can the do if you just ignore them, and don't give them any detail? I know they have you on video, but unless they know who you are, I cant see anything they can do. Not like the police are going to launch an investigation armed with the video.
Don't get me wrong, i'm not condoning littering.
IF Asked your name and address and you refuse you are committing an offence. If you give false details this is also an offence. And they are entitled to take your picture to prevent none payment.
Personally it all stinks for me
I guess there will be a Wirral Most wanted web page lol and a reward to grass up the individuals caught on camera. Probably no reward but hey ho. . . . That's business
realistically what can the do if you just ignore them, and don't give them any detail? I know they have you on video, but unless they know who you are, I cant see anything they can do. Not like the police are going to launch an investigation armed with the video.
Don't get me wrong, i'm not condoning littering.
IF Asked your name and address and you refuse you are committing an offence. If you give false details this is also an offence. And they are entitled to take your picture to prevent none payment.
Personally it all stinks for me
I guess there will be a Wirral Most wanted web page lol and a reward to grass up the individuals caught on camera. Probably no reward but hey ho. . . . That's business
I don't drop litter and never have. But i'd be quite tempted to do so in front of one of these "enforcers" just to ignore them when confronted haha.
If I knock his little book from his hands, so he DROPS it, is he then committing an offence ?!
IF Asked your name and address and you refuse you are committing an offence. If you give false details this is also an offence. And they are entitled to take your picture to prevent none payment.
Not entirely true, they do not carry warrants and so it can't be an offence to refuse to give details, however ..... they can ask for assistance from the police and detain you until the police arrive (as can any citizen), government guidelines state that this can be up to 30 minutes.
Further details on a couple of other points raised......
To issue a fixed penalty notice on private land they should first ask for permission of the landowner or occupier.
The government has not lifted its FPN guidelines which states ...
Quote
Give offenders the chance to pick up litter before you issue an FPN. Warn them that you will issue an FPN if they don’t.
