Environmental Enforcement

Environmental crimes such as fly-tipping, littering and abandoning vehicles all lower the quality of life for people living in the affected areas and can lead to an increase in other types of crime.

New legislation means that we can now tackle these environmental crimes with fixed penalty notices instead of prosecutions.

The key to enforcement is education, making sure everyone understands how and why we are carrying out enforcement.

What is a Fixed Penalty Notice?

A fixed penalty notice is a fine.

If an authorised officer believes someone has committed an offence they can issue a fixed penatly notice instead of prosecuting them.

What is an Environmental Crime?

Litter: £75 fine

It is an offence to drop litter anywhere, including private land, rivers, ponds and lakes.

Cigarette butts and chewing gum are now defined as litter.

Dog Fouling: £75 fine

It is an offence if a dog fouls in a public place and the owner fails to pick up after the dog.

Commercial Litter: £100 fine

Fast food outlets, stalls and mobile vans can be served with a Street Litter Control Notice and if they fail to keep the area clear of litter they can issued with a fixed penalty notice.

If an area land is made unsightly by litter we can require the landowner to clear the litter from their land. If they fail to clear it within the specified time they can be issued with a fixed penalty fine.

Uncontrolled Waste: £100 fine

If domestic waste is presented early, side waste is left by a wheelie bin, or the wrong items are placed in a recycling bin then a legal notice can be served. If the notice is ignored then a fixed penalty notice can be issued.

If commercial waste is presented at the wrong tme or in the incorrect way a legal notice can be served on the business. If the notice is ignored a fixed penalty notice can be issued.

Duty of Care: £300 fine

Businesses have a duty care to ensure that their waste is taken away by a licensed waste carrier. if we suspect that a business is not dealing with its waste correctly we can issue a notice requiring the production of waste transfer documents. Failure to produce the documents results in the issue of a fine.

When do we issue a fixed penalty notice?

We cannot take action every time we find evidence of an offence. We have to use our judgement to decide when enforcement action is possible and necessary.

We will ask ourselves the following questions when we find that a law has been broken: 

• Has the offender been given an opportunity to rectify the offence?
• Is the offence serious? Is it a danger to the public?
• Is the offence spoiling the local environment?
• Has the offender done it before?
• Is there a reasonable excuse?
• Is it likely that it will happen again?
• Does the offender care about their responsibilities - or not?
• Are there aggravating circumstances?
• Is the offender in a fit state to stand trial?
• What is the likely severity of punishment that the courts

The Enforcement Team

We have two Environmental Enforcement Officers who have been working for the council since 2007.

Tony Nanton and Graham Eagle work hard educating people before they consider legal action.

Page last reviewed 19 Nov 2008