Fines and Punishment for Dropping Litter

Litter dropping not only leads to unsightly public areas, but can cause a host of environmental problems and complaints from local residents and communities. Because of this, legislation is in place to prevent and punish people from dropping their litter and to minimise the need for clean-ups and local authority expenditure.

The following guide provides information relating to the laws surrounding litter dropping, the potential penalties for those found guilty and the responsibility of cleaning up affected areas.

The Law Relating to Dropping Litter

Dropping, throwing or leaving litter anywhere in a public space, other than in a bin, is a criminal offence. This law extends to depositing litter on private land or water too. The law surrounding this offence is outlined in Section 87 of the Environmental Protection Act 1990 (EPA), which was amended by the Clean Neighbourhoods and Environment Act 2005. These acts determine that litter dropping on land or on water, such as in rivers, lakes and streams, is a criminal act and those found guilty can be subjected to a fine of up to £2,500.

Both the police and local authorities have the power to prosecute an individual who is guilty of litter dropping and in some instances, private individuals can also prosecute. Cases of this type are heard by a magistrates' court who will determine the penalty applicable. Fixed penalty payments may also be issued in order to reduce the time and cost of having to take minor cases to court. Local authorities are authorised to keep the money paid from a fixed penalty notice.

What are the sanctions for dropping litter?

If an individual is caught dropping litter, they will be guilty of a criminal offence as per Section 87 of the Environmental Protection Act, and this will leave them liable for a fine of up to £2,500.

Because prosecuting a person for dropping litter is an expensive and time-consuming undertaking, an alternative punishment may be that the guilty person is given a fixed penalty notice. Section 88 of the Environmental Protection Act gives the police and local authorities the power to issue a fixed penalty notice to a person who drops litter. Principal litter authorities are entitled to set the level of fine that will apply in their local area, and the majority of authorities set this at a rate of £75. A local authority is authorised to stipulate a higher or lower fixed penalty fee between the parameters of £60 - £80, as it deems appropriate. Offenders who are given a fixed penalty notice have a time limit of 14 days to pay the fine, and if they fail to make payment within this time, they may be prosecuted. Fixed penalty notices can be given to adults and children over the age of 10 years old.

Who is responsible for cleaning up dropped litter?

The responsibility for cleaning up litter depends on where the litter has been dropped, as detailed below:

Little dropped on public property

Local authorities are legally responsible for clearing litter and refuse from the land that it is in charge of. This includes spaces such as playgrounds, streets, tourist beaches, playing fields and pedestrian areas. If a local authority fails in its legal obligation in this area, members of the public are entitled to apply to the magistrates' court for a Litter Abatement Order. This action would then ensure that the offending area is cleared and cleaned up. When a Litter Abatement Order is made, the local authority has a set amount of time to clean the area or they can face a fine of up to £2,500. Section 56 of the Anti-social Behaviour Act 2003 gives authorisation to a local authority in England to enter Crown owned land to clean the area. The costs of this cleaning and disposal process can then be recovered through the courts.

Local authorities are also authorised to issue Street Litter Control Notices which stipulate that owners or occupiers of specific commercial premises that have frontage on a street, are responsible for the prevention and cleaning of litter or refuse that is related to their company. Such companies include moveable businesses such as those conducted from a van, stall or another type of moveable structure. If the company fails to comply with a Street Litter Control Notice, it will result in a fixed penalty notice of £100 which is the default amount, or a penalty which is set locally between the parameters of £75 to £110.

Local authorities also have the power to maintain control over the distribution of free literature such as flyers, leaflets and brochures. The authority serves to prevent flyers and similar handouts from becoming litter and not being disposed of properly. With this in mind, it is an illegal offence for a person to hand out or cause another person to hand out free literature without having obtained prior permission from the relevant local authority. A person who breaches this law can be liable to a fixed penalty notice of between £50 and £80, with the most common amount being £75. If a person who has been served a fixed penalty notice refuses to pay, they can face prosecution in the magistrates' court.

Litter dropped on private land

If rubbish is dropped on an area of private land, the landowner is legally responsible for clearing the litter. There is no power given to the local authorities to take legal action to have these areas cleaned up. Instead, if a yard, passage or court that is used by inhabitants of two or more buildings is not cleared and kept clean on a regular basis and to a satisfactory level, the local authority is entitled to sweep and clean the area. The authority may then seek to recover the costs of this cleaning from the occupiers of the buildings.

If rubbish has attracted vermin such as rats and mice to private land, the local authority may request that the owner or occupier of the land takes relevant action to eliminate and control the issue, so that it does not negatively impact upon neighbouring properties.