Residents have told us that street cleanliness is important to them. We are tackling street litter through our Environmental Enforcement Contract with Kingdom Local Authority Support, and with our internal Enviro-Crime Team. Those who drop litter, drop cigarette butts, spit out chewing gum or spit on our streets may face enforcement action including a Fixed Penalty Notice (fine).
Enforcement action that can be taken
There are various types of enforcement action that we can take to ensure compliance with the law, dependent on the situation. These include:
- issuing a Fixed Penalty Notice (FPN)
- issuing a statutory notice
- prosecution
- warning letters
- informal action
How much is a Fixed Penalty Notice?
Fixed Penalty Notice amounts vary depending on the type of offence committed. Please visit the following page for the up to date values:
How much is a fixed penalty notice? – Fixed penalty notices – Newham Council
Can I dispute a Fixed Penalty Notice
The Council does not have an appeals process as there is no legal right of appeal for a Fixed Penalty Notice.
For Fixed Penalty Notices that are issued by Kingdom Local Authority Support, you can query a Fixed Penalty Notice in the form of a ‘representation’ by e-mailing Newham.Council@LAsupport.co.uk. This information will be included on the Fixed Penalty Notice you have been issued. You will need to have the reference number, which will have the letters LAS followed by a 9 digit number. Please note you cannot make a representation to the Council and must contact Kingdom Local Authority Support directly.
If you do not have access to the internet you will find Kingdom Local Authority Support’s address on the bottom of the Fixed Penalty Notice issued to you. You can write to them at this address.
Representations will not be considered on the basis that:
- you did not know the law
- you did not know the law was being enforced
- it was the first time you committed the offence
- you have always done this and never received a penalty or warning before
- you believe the officer issuing the FPN was rude or did not behave appropriately
I don't agree that I committed the offence for which I have received a fixed penalty notice. Can I refuse to pay it?
The penalty notice has been issued to give you an opportunity to avoid prosecution in the Magistrates Court. If you do not pay the Fixed Penalty Notice then you could be summonsed to appear in court. If you are found guilty of the offence then the Magistrates Court could give you a higher penalty, plus you may need to pay additional costs.
Shouldn't there be signs up to warn me about the legislation?
We regularly run advertising campaigns, and place signage in areas of high footfall to remind people of their responsibilities. If warning signs are not present, this does not excuse someone from acting in an anti-social manner.
My Council Tax pays for the street cleaning service so what's the problem with you picking up a bit of litter?
The Council Tax revenue pays for a wide range of essential services including police, fire and rescue, road maintenance and social services. Spending money on cleaning up litter means that less money can be spent on the essential services.
I received a fixed penalty notice for dropping one harmless cigarette butt, surely something so small cannot be considered litter?
The legal definition of the littering offence does not include any limitations on the size of the litter. The offence relates to the action of dropping litter and not the size of the object. Therefore a cigarette butt can be classed as litter and so can items such as chewing gum and sweet wrappers.
Cigarette butts are biodegradable, right?
The fact that an item may be biodegradable is irrelevant as it does not immediately disappear once it has been dropped. Cigarette butts are not biodegradable as they are made from cellulose acetate which takes many years to degrade.
Cigarette butts aren't really waste and they can't be placed in litter bins because they will cause fires?
In the street environment, smokers can get rid of their butts in a street litter bin. Care should be taken to make sure that the cigarette has been completely put out to avoid causing a fire by igniting the contents of the bin.
If I pick up the litter after an officer has approached me, do I still receive a fine?
Offering to pick up the litter is not a legal defence to committing the offence. You should not have acted in an anti-social manner by dropping litter. If you are caught by an enforcement officer then you should expect to receive a fine.
I have limited funds and will not be able to pay in time, what can I do?
The penalty notice has been issued as an opportunity to avoid prosecution in a Magistrates Court. If you are unable to pay the penalty in the prescribed period then you could be summonsed to court.
If the matter does result in legal action, and you are found guilty, then your financial means will be taken into consideration by the Magistrates Court. They will then assess the level of the fine and agree to a time limit for making payment of the fine and any related costs
Where do the Enforcement Officers patrol?
The officers are tasked to areas of highest demand and will patrol wherever there is evidence of littering. It has been shown that town centres are hotspot areas and cigarette butts are the most common litter issue.
If I put it down a drain is that an offence?
Placing a cigarette end down a drain or in a stream is still an offence which will result in the issue of an FPN.
Can I complain about the Enforcement Officers behaviour?
If you wish to make a complaint about the conduct or behaviour of an Officer please see details on our complaints webpage.
You should be aware that making a complaint is treated separately to the issue of the FPN and as an offence is still alleged you remain liable to prosecution unless you choose to pay the FPN within the time specified.
Can my Local Councillor represent me in this matter?
Local Councillors may not get involved in this process. This is a legal process. The Local Authority can only discuss the matter with the alleged offender.
Can I pay by instalments?
We do not accept payments by instalments. However, each case is considered on its own merit.
