Refuse and Litter Complaints
Domestic Rubbish/Litter complaints
The Council has a duty to ensure that owners and occupiers of land keep their land free of “rats and mice” (Prevention of Damage by Pests Act 1949) and “vermin” (Public Health Act 1936). The legislation provides the Council with powers to require, when necessary, owners and/or occupiers to take various steps to deal with the infestation.
If land is privately owned and not accessible to the public, but is affected by putrescent material (soft furnishings, mattresses, bags of domestic waste etc) such as to make it a public nuisance or attract rats, we may be able to take action under the Prevention of Damage by Pest Act 1949 against the land owner or occupiers to get the material removed. This would usually include a build up of waste in a front or back garden of a property.
If the land is privately owned, is not accessible to the public, the litter on it is not a health risk or attracting rats, but is so profuse and visible from a public area such as to be seriously detrimental to the amenity of the neighbourhood, our Enforcement Team may be able to take action.
Commercial Rubbish/Litter complaints
Notices can be served to businesses where there is a problem surrounding any type of litter deposited adjacent to the outlet.
Section 93 - 94 of the Environmental Protection Act 1990 intended for this type of notice to help deal with food and drink packaging and other packaging caused by eating "on the go".
When litter is identified as originating from a particular business and is within 100 metres of the source (except in the case of a teller machine which is 10 metres); Councils can serve notices requiring businesses to clear up the litter and implement measures to prevent land from being defaced again. The Clean neighbourhoods Act has extended powers to allow notices to be used where mobile operations such as burgers vans are causing a problem.
East Staffordshire Borough Council will work in partnership with local business to resolve problems through joint working and good management practice. For more advice please phone the Clean Neighbourhoods officer.
If co-operation fails or the litter problem persists a notice will be issued. Failure to comply with the notice will result in a fine up to £2500. As an alternative, if circumstances permit, a fixed penalty notice of £100 may be issued.
Make a Rubbish Complaint
Make a Rubbish Complaint Online
If you would like to discuss any of these issues further please call the Environmental Health Enforcement Team directly on 01283 508576.