Scope
Litter - Litter which has been dropped or thrown down by an individual. This will include paper, chewing gum, cans, bottles, food and drink containers, plastic, left over food, cigarette ends, etc.
Objective
To seek an improvement in the visual street environment by reducing the amount of litter thrown into the street.
Link to Council Plan
Looking after the environment is one of the five key aims in the plan. Improving the physical appearance and condition of the streets and immediate surroundings to improve quality of life helps support this aim.
Application of the enforcement policy
"Paragraph 5.3 - Prosecution" and "par 5.3.1 - community benefit" apply to the problem of litter. Legal action will therefore be taken on the first occasion an offence is committed due to the extreme improbability that that person will be witnessed committing the offence again.
"Paragraph 5.2 - Fixed penalty notices" allows for the use of fixed penalty notices where the legislation allows. This will be used in respect of litter.
Legislation
Environmental Protection Act 1990
Sec 87 / 88 - Describes the offence of leaving litter and offers the offender the opportunity of paying a fixed penalty (£50) to avoid prosecution, if they admit to the offence.
Sec 87 (1) - If any person throws down, drops or otherwise deposits in, into or from any place…and leaves, anything whatsoever in such circumstances as to cause, or contribute to, or tend to lead to, the defacement by litter of any place…shall be guilty of an offence.