Fixed Penalty Notices - Frequently Asked Questions
Please read the relevant FAQ section of this page before making a representation.
If you still want to make a representation after reading this page, please write to:
- Enforcement Service
Level 1 North - River Park House
225 High Road
If your representation is rejected, we will not consider any additional representation relating to the FPN. If you make a representation outside of the 14 days, it will not be considered.
- No signs nearby
- No litter bins nearby
- I only dropped my cigarette end...
- Bins catching fire
- I offered to pick up my litter
- No warning
- What's the big deal?
- I received a second Fixed Penalty Notice
- Is this a money making scheme?
- Who agreed this?
We are not required to place signs in every street, road, highway or open park/space to tell people not to litter. Littering is a criminal offence and has been for many years.
It is not possible to place litter bins in every street, road and highway. Every effort is made to place bins where they are most needed and where there are the most people, such as in town centres and major shopping areas. Where bins are not available it is up to you to act responsibly and either take your litter home or carry it until a bin is available.
I only dropped my cigarette end - why should such a small item be treated the same way as dropping larger items of litter?
By law, litter includes small items such as cigarette butts and chewing gum. In many ways these items are more of a nuisance and more expensive to clean up than other items of rubbish.
Smokers are responsible for ensuring that they completely extinguish their cigarettes before placing them in the bin. Most bins have stubbing plates provided. If no suitable bin is nearby, smokers should either take their cigarette end with them or carry them until a suitable receptacle is available.
The offence relates to the dropping, throwing or depositing of litter and leaving it. So whether or not you subsequently volunteer to pick up your litter, you have committed an offence and will be issued with a Fixed Penalty Notice.
Littering is an offence. We can take enforcement action where the offence is committed and do not have to give people a warning.
This is all a bit petty isn't it, what's the big deal about a few crisp packets and cigarette stubs anyway?
Littering is not only a serious blight on our environment but very costly to the council as well.
Should the same person commit the same offence more than once in any twelve-month period, consideration will be given to prosecuting the individual rather than issuing a further Fixed Penalty Notice.
Is this just a money-making scheme; are your enforcement officers issued quotas or given bonuses for the number of FPNs issued?
No quotas are set for the number of FPNs issued. All of our enforcement officers will issue FPNs where there is evidence that an offence has been committed. Enforcement officers are paid a salary that is not determined by the number of FPNs issued. The aim of this enforcement activity is to stop people from littering, not to make money.
This was approved at a Cabinet Member Signing on Monday, 31 October, 2016. Full details and minutes of that meeting are available here.
See the following press release for further background - Haringey fights back against litter - Wednesday 23 November 2016.
- I ran out of commercial refuse sack or stickers
- Contractor said it was okay
- I don't need a contract
- New/untrained member of staff
- I have a contract, but no paperwork
- I pay my business rates so I don’t need a contract
- I put it out before my collection time
- All the shops in the area do the same
- Only some of the waste was mine
I have a contract, but I ran out of commercial refuse sack or stickers, so I used black sacks whilst I waited for my new sacks to be delivered
It is your responsibility to make sure that you have a supply of commercial waste sacks at all times. Commercial waste should not be disposed of by using domestic black sacks.
If you present your waste in sacks then you are required to comply with the timed collections for your street. See details of our Timed Collections schedule (PDF, 197KB).
Failure to comply with the timed collection schedule means that a fine by way of a FPN will be issued.
Businesses are required by law to have legitimate arrangements in place to store and dispose of their waste and be able to produce the documents on request. Arrangements include: having a registered waste carrier collecting your waste or transporting it yourself to a refuse tip and obtaining a transfer notice.
It is your responsibility to make sure that your staff are aware of the process in place to dispose of your waste.
Your Duty of Care lasts from the moment you produce the waste until you give it to a licensed waste business to deal with. This includes making sure that you have the relevant paperwork and you are responsible to check how that business deals with your waste. If you suspect it is not following the Duty of Care you should report it by calling the environmental regulators hotline 0800 80 70 60 (24-hour service).
Your Business Rates do not cover the collection and disposal of your commercial waste.
There was a missed collection, and it would have been unsanitary to keep the waste in the shop so I put it out before my collection time
It is your responsibility to ensure that your waste is not presented for collection outside of the timed collection slots. Any missed collections should be referred to your commercial waste contractor.
By law, since 1990, it has been a legal responsibility of 'any commercial activity' whether run from home or its own premises - to manage the waste it produces.
Any waste incorrectly disposed of is liable for a fine. One black bag is treated as a fly tip. Whether all or part of the waste is yours, you have committed an offence.
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