East Staffordshire Borough Council has recently introduced the issuing of fixed penalty notices for offences of littering and dog fouling. Both in face-to-face circumstances and from offences of throwing litter from a vehicle.
What is a Fixed Penalty Notice?
A Fixed Penalty Notice (FPN) is not a fine. It is a notice served on an individual by an authorised officer for an offence. The cost of a fixed penalty has been set at £75. Payment of the penalty by the recipient discharges their liability to conviction for the offence for which the FPN was issued. It does not constitute an admission of guilt, but removes the possibility of the creation of a record of criminal conviction.
What are the advantages of Fixed Penalty Notices?
These notices will hopefully provide a quick, visible and effective way of dealing with low-level environmental crimes, and act as an alternative to prosecution. They reduce demands on officers preparing prosecution files and pursuing cases through the courts. They reduce the numbers of people - both accused and witnesses - who have to attend court and ease the burden on the courts of processing such cases. They have the advantage that they can be used in circumstances in which no proceedings of any kind might have been taken e.g. because of other pressures on resources. There is a growing expectation from the public that the "minor" environmental crimes, which are most likely to affect them, should be tackled effectively and FPN’s provide a means of pursuing such crime.
When are they served?
An FPN may only be issued where an officer has reason to believe a person has committed an offence of littering or not cleaning up after a dog that has fouled and there is sufficient evidence to support this.
Where are they served?
Fixed Penalties will be served on individuals who commit an offence on any of the following types of land:
- Council owned parks and play areas
- Council owned footpaths
- Council owned car parks
- Pedestrian areas (e.g. Town Centre’s)
- Canal towpaths and waterways
- Roads, pavements and grass verges (40mph or less)
Who serves them?
Only authorised officers who have had the correct training will be able to gather the information and then go on to serve an FPN.
How are the notices served?
Face-to-Face offences: Officers will approach alleged offenders, identify themselves and inform the alleged offender of the offence that has taken place.
Offence of throwing litter from a vehicle: officers will log down all the details of the offence and then information regarding the keeper of the vehicle will be obtained and the owner will be contacted by post.
Will Fixed Penalty Notices be issued to minors?
FPN’s can be issued to anyone over the age of 10 years, however the Council has opted to serve warnings to 10-15 year olds who commit offences with persistent offenders being referred to the Youth Offending Team for further action to be taken.
Payment of Fixed Penalty Notices
As previously mentioned - FPN’s have been set at £75 for both littering and dog fouling offence with a 14 day payment period, however the Council will offer a discounted rate of £50 for littering offences providing the recipient pays within 10 days of issue of the notice.
If the recipient either refuses to accept an FPN or, having accepted such a notice, does not pay before the end of the set time period, the matter will be forwarded for prosecution. To ensure the credibility of a FPN scheme, all cases involving non-payment will be referred to for prosecution.
Further information
For further information on Fixed Penalties please contact the Enforcement Team on
01283 508576 or alternatively email us at
fpnenquiry@eaststaffsbc.gov.uk