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Clean Neighbourhoods and Environment Act 2005

This is a spin off from the Littering Fixed Penalty Topic Click Me

So if your caught littering it looks like the advice is pay up, and give your details.
But obviously check they are an official and not a fake / scammer.
You can video and take pictures of them, read this first. http://content.met.police.uk/Site/photographyadvice

• Litter Police : Summary

• penalty notices may be issued to children aged 10 or over, as well as to adults.
  This page states the age of 10 and above Click Me
  Found the page thanks to DD post later in this thread Click Me

• Who can nab you ?
  Litter authority authorised officers, including persons not employed by the local authority (includes parish councils, National Park authorities and the Broads Authority)
  Accredited persons - litter wardens
  Police community support officers (PCSOs)
  Power to photograph persons given a penalty notice

• Because you have :
  throw down, drop or otherwise deposit and leave litter in any place open to the air is a criminal offence, even when dropped on private land or water.

• And you will be charged under :
  Section 87 of the Environmental Protection Act 1990 (EPA), as amended by the Clean Neighbourhoods and Environment Act 2005, makes it an offence to drop, throw or deposit and leave litter anywhere.

• And your issued with a fine under :
  Section 88 of the EPA gives the power to issue a fixed penalty notice

• Power to require name and address Source
  (1)If an authorised officer of a local authority proposes to give a person a notice under section 6, the officer may require the person to give him his name and address.
  (2)A person commits an offence if—
  (a)he fails to give his name and address when required to do so under subsection (1), or
  (b)he gives a false or inaccurate name or address in response to a requirement under that subsection.
  (3)A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

WOW This Could Save many people a fine ??







Environmental Protection Act 1990 Section 88 Click Me
Environmental Protection Act 1990 Table of Contents Click Me


Other orders covered by this Clean Neighbourhoods and Environment Act 2005 Click me


Table of Contents Clean Neighbourhoods and Environment Act 2005
Part 1 Crime and disorder
1.Crime and disorder reduction strategies
2.Gating orders
Collapse -Part 2 Vehicles
Nuisance parking offences
3.Exposing vehicles for sale on a road
4.Repairing vehicles on a road
5.Liability of directors etc
Nuisance parking offences: fixed penalty notices
6.Power to give fixed penalty notices
7.Power to require name and address
8.Use of fixed penalty receipts
9.Fixed penalty notices: supplementary
Abandoned vehicles
10.Offence of abandoning a vehicle: fixed penalty notices
11.Notice of removal
12.Disposal
13.Guidance
14.Abandoned vehicles: supplementary
Illegally parked vehicles etc
15.Notice of removal
16.Disposal
17.Guidance
Collapse -Part 3 Litter and refuse
Offence of dropping litter
18.Extension of litter offence to all open places
19.Litter offence: fixed penalty notices
Local authority notices
20.Litter clearing notices
21.Street litter control notices
22.Failure to comply with notice: fixed penalty notices
Free distribution of printed matter
23.Controls on free distribution of printed matter
General
24.Fixed penalty notices: common provision
25.Exclusion of liability
26.“Appropriate person”
27.“Litter”
Collapse -Part 4 Graffiti and other defacement
Graffiti and fly-posting
28.Fixed penalty notices: amount of fixed penalty
29.Fixed penalty notices: power to require name and address
30.Fixed penalty notices: authorised officers
31.Extension of graffiti removal notices to fly-posting
32.Sale of aerosol paint to children
Advertisements
33.Unlawful display of advertisements: defences
34.Removal of placards and posters
Collapse -Part 5 Waste
Chapter 1 Transport of waste
35.Unregistered transport: defence of acting under employer's instructions
36.Registration requirements and conditions
37.Enforcement powers
38.Failure to produce authority: fixed penalty notices
39.Interpretation
Chapter 2 Deposit and disposal of waste
Offence of unlawful deposit of waste etc
40.Defence of acting under employer's instructions
41.Penalties on conviction
42.Investigation and enforcement costs
43.Clean-up costs
44.Forfeiture of vehicles
Offences relating to documentation
45.Failure to furnish documentation: fixed penalty notices
Offences: powers of seizure
46.Power to search and seize vehicles
Local authority waste collection and disposal
47.Abolition of requirement to contract out waste disposal functions
48.Offences relating to waste receptacles: fixed penalty notices
49.Payments for waste recycling and disposal
50.Power to require owner of land to remove waste
Supplementary
51.“Appropriate person”
52.Use of fixed penalty receipts
53.Supplementary enforcement powers
Chapter 3 Site waste
54.Site waste management plans
Collapse -Part 6 Dogs
Chapter 1 Controls on dogs
Dog control orders
55.Power to make dog control orders
56.Dog control orders: supplementary
57.Land to which Chapter 1 applies
58.Primary and secondary authorities
Fixed penalty notices
59.Fixed penalty notices
60.Amount of fixed penalties
61.Power to require name and address
62.Community support officers etc
Supplementary
63.Overlapping powers
64.Byelaws
65.Dogs (Fouling of Land) Act 1996
General
66.“Appropriate person”
67.Regulations and orders
Chapter 2 Stray dogs
68.Termination of police responsibility for stray dogs
Collapse -Part 7 Noise
Chapter 1 Audible intruder alarms
Alarm notification areas
69.Designation of alarm notification areas
70.Withdrawal of designation
71.Notification of nominated key-holders
72.Nomination of key-holders
73.Offences under section 71: fixed penalty notices
74.Amount of fixed penalty
75.Use of fixed penalty receipts
76.Fixed penalty notices: power to require name and address
Powers in relation to alarms
77.Power of entry
78.Warrant to enter premises by force
79.Powers of entry: supplementary
Supplementary
80.Orders and regulations
81.Interpretation
Chapter 2 General
Noise from premises
82.Noise offences: fixed penalty notices
83.Noise offences: use of fixed penalty receipts
84.Extension of Noise Act 1996 to licensed premises etc
85.Noise Act 1996: supplementary
Statutory noise nuisances
86.Deferral of duty to serve abatement notice
Collapse -Part 8 Architecture and the built environment
Commission for Architecture and the Built Environment
87.The Commission for Architecture and the Built Environment
88.General functions of the Commission
89.Changes to functions of the Commission
90.Power to dissolve the Commission
91.Dissolution of the old Commission
92.Transfer of staff, property etc
93.Tax
Financial assistance
94.Architecture and the built environment: financial assistance
Supplementary
95.Orders
Collapse -Part 9 Miscellaneous
Use of fixed penalty receipts
96.Use of fixed penalty receipts: higher tier authorities
97.Use of fixed penalty receipts: lower tier authorities
98.Sections 96 and 97: supplementary
Shopping and luggage trolleys
99.Abandoned shopping and luggage trolleys
100.Section 99: transitional provision
Statutory nuisances
101.Statutory nuisance: insects
102.Statutory nuisance: lighting
103.Sections 101 and 102: supplementary
Pollution
104.Contaminated land: appeals against remediation notices
105.Offences relating to pollution etc: penalties on conviction
Collapse -Part 10 General
106.Minor and consequential amendments
107.Repeals
108.Commencement
109.Money
110.Extent
111.Short title

- - - - -

I consider myself informed and freshly educated to all the changes.
But do be aware of false officials impersonating these officers.

So with number 4 on the table at the bottom how do we change a flat tyre ?

The litter police would have had a field day yesterday evening on the lower Oxton field at the side of Aldi in Prenton. I walked our dog there this morning and the area around the exercise equipment, bicycle track and even inside the fenced off kiddies playground was strewn with litter of all kinds and there are three bins in the immediate area that they have to pass to leave the field, all of which were empty. Judging by the litter the offenders were children/youths, wouldn't it be good if one of the group leaders said, "Look, this isn't right, let's tidy up", but I suppose that's not regarded as "cool". Luckily the area is blessed by a local resident who takes it upon himself to clean up the litter every morning, also a few of the regular dog walkers and myself take carrier bags to pick up glass bottles to prevent injury to our dogs and children, but we shouldn't have to. It certainly makes a dropped cigarette butt pale into insignificance.

It says you can be fined for dropping litter on private land. So if I drop some on my drive, I'm done for?

It comes under the environmental protection act so littering any outdoor property without the landowner's permission is an offence.

The relevant part of the act is written in relatively clear English compared to many other acts.

CLICKY

If it blows onto public i guess.

I think that is more for say rubbish in gardens or even commercial reasons like mcdonald's and such.

They would normally need video evidence as proof i guess, where as mcdonald's has logos.

Followed by one on west Kirby beach towards red rocks this evening. Probably Saw we were eating ice cream cones and heading away from the bins. Was going to throw apiece to the seagulls glad I didn't now. I know some people don't eat all the cone --wonder if he would have done me if I had crushed the end of the cone into tiny pieces --is there a minimum size that constitutes litter.

Sorry, I don't get this. Don't drop litter. It's lazy, antisocial, disrespectful. Then you don't need to look in case someone is watching you, or memorise an act of parliament, or look for some technical loophole. All of which is harder and more time consuming than just not dropping litter in the first place.

Quite agree but would you be upset if you were fined for feeding the ducks with bread at the park or throwing peanuts for the squirrels or an apple core into a hedge in the country. Think the arguments are more over the targeting of people who for so long (because of no prosecutions) have thought it ok to stub out a fag end on the pavement and walk on. Its also the fact I don't specifically want to be followed by someone filming me --in the hope that I might litter--had I thrown a piece to the seagull could I be prosecuted if it didn't eat it and it fell on the sand.

I expect the park pond will have an indication as to whether or not to feed the ducks - and often there is a problem of uneaten bread floating on the surface, which is an eyesore an attracts rats. And come on, how many people do you see walking down the street throwing peanuts to squirrels?! As for seagulls, they are a serious nuisance in many areas precisely because people feed them. But all of this is just looking for pernickity little ways to criticise legislation intended to stop something that is lazy, antisocial and disrespectful.

realistically what can the do if you just ignore them, and don't give them any detail? I know they have you on video, but unless they know who you are, I cant see anything they can do. Not like the police are going to launch an investigation armed with the video.

Don't get me wrong, i'm not condoning littering.

As usual it's not been thought through. Of course its antisocial to have a vehicle in the road for months "under repair". However a tyre change should be allowed as "emergency"; it would be laughed out of court. What about the "tyres on the drive" companies who will replace tyres at, or outside, ones house? How about the Kids who discard their tinnies in the road or peoples gardens?
It's all associated with reasonableness, its the discarding of rubbish that should be stopped. not legitimate actions which leave no mess behind.
No worries there aren't enough police anyway and the litter "operatives" only come out in daylight

IF Asked your name and address and you refuse you are committing an offence. If you give false details this is also an offence. And they are entitled to take your picture to prevent none payment.

Personally it all stinks for me

I guess there will be a Wirral Most wanted web page lol and a reward to grass up the individuals caught on camera.
Probably no reward but hey ho. . . . That's business

I don't drop litter and never have. But i'd be quite tempted to do so in front of one of these "enforcers" just to ignore them when confronted haha.

If I knock his little book from his hands, so he DROPS it, is he then committing an offence ?!

Not entirely true, they do not carry warrants and so it can't be an offence to refuse to give details, however ..... they can ask for assistance from the police and detain you until the police arrive (as can any citizen), government guidelines state that this can be up to 30 minutes.

Further details on a couple of other points raised......

To issue a fixed penalty notice on private land they should first ask for permission of the landowner or occupier.

The government has not lifted its FPN guidelines which states ...

SOURCE

Thats a great link, i will add that to the first post.

When not to issue a fixed penalty notice
Don’t issue an FPN if any of the following apply:
there’s no criminal liability
enforcement action is inappropriate or would be disproportionate for the offence
prosecution is more suitable
littering is done accidentally
No criminal liability
Don’t issue an FPN in the following cases:
the person in question is exempt, eg a blind person whose dog has fouled in an area where a dog control order applies
the offender is a child under the age of 10 (inform the child’s parents instead)



First Post updated

Definitely a good post about being given chance to pick it up


Government act also says dont issue FPNs when the littering is trivial. How do they define that--the size of the piece of litter? A 2cm fag end is trivial compared to a coke can or half eaten bag of chips.

Read somewhere that some fines are set at such a level that people just pay them without quibble.

Thanks for the information I have already appealed on behalf of the lady unfortunately as I said the result was, we have looked at the body camera, and the enforcement officers have done nothing wrong therefore fine is upheld.
The government states that there is certain procedures they must follow and for them to wait until our friend was in the car and the taxi driver ready to drive off then knock on the car window and ask our friend to get out then start using phrases like £60 to £2,000 fines that causes great stress.

The other issue is the government's guidelines state tickets should not be given to vulnerable people in previous guidelines this was stated as mental health and homeless that guideline has been removed and new guidelines just state's vulnerable, and I think any opinion might see a 74 year old widow as vulnerable. The person who gave me the details of the appeal stated vulnerable was mental health only, not true.

The problem is our friend was upset and confused and her re collection differs to what they say is on the body cam.

Wish they had back jigger litter police. Behind us is like a tip, the Romanians wouldn't be able to teach some Birkenheaders anything. Look out the window at the back and the dirty gits even urinate in the entry, amongst all their shoit I might add. Keep their cars nicely polished though, even though they do then put their bag of rubbish out of the car into the gutter. If you open your gob you would get a load of abuse and be victimised from then onwards, obviously. Dog crap everywhere on the pavements but I do see some dog walkers picking theirs up, thanks people. At the end of the day it's all about education and accepting responsibility for your own crap. Go visit a German town and see the difference. When we came back from Germany in the 90's it was a shock coming up from the railway station in London to see the state of the dump, then you get used to it.

@jRoss

I've updated the original thread : click Me

A question please
Well you go out to your garden, and cut the grass and if you have a brown bin you place it in for recycling.

Now the council do this all the time they cut the grass and then blow it all over the place and then leave some in the curb side, then the curb cleaner comes along an brushes it in the drains, then any that is left the wind gets up and blows it everywhere, so why don't the council get an £80 fine.IS Grass not classed as litter/rubbish.
The other thing I have noticed is when they cut the grass in the posh parts of wirral I don't see any grass cuttings anywhere, so is this a north/south devide. Gerry

The council don't cut the grass, they contract the job out. If you see the contractors putting grass down the drains then report them - I have on a couple of occasions.

Cutting the verges in irby they never collect but leave it as mulch. The roundaboutat noctorum is cut neatly and cuttings collected. So its not really north south divide. Just not practical to collect cuttings on playing fields..theygo over it to chop it fine for mulch.
We dont seem to have any recent litter police fines for dropping bookmarks or till receipts falling from shopping bags...they must have had training.
Getting a bit daft when i cant technically take a neighbours hedge cuttings the tip

GRASS CUTTING AT ITS BEST,

As I have said, when it rains we will have floods because the sand/cuttings will go down the drains.
I have now had to clean my pathways again, so the question is do I put all the grass and sand in the brown bin or in the gutter with the rest.

Or do I report this to the litter police to fine this Labour council

more pics

Well that is not mulched, it is long cut!

If they actually blow it into the gutters, report them to the council, they have been told off about that before. If you really want to get snotty, report them to United Utilities as well, they are not supposed to put grass down their drains.

Watched grass being cut outside Bidston Ave school the other day and it was really high. Credit to the grass cutter bloke he went back over the same bits 3 or 4 times to mulch the grass down into smaller pieces..

I was caught by one of these fuckers when I placed a used cigarette down a grid because the bin right next to it was full and overflowing.
The charge was ‘dropping litter onto the floor’, which I’ve not done in my life. I’ll put it in my pocket next time and burn to death.

Incidentally, he followed me 1/2 a mile and I was fully aware of him filming me throughout.

Just reading all those on the list gave me a headache, so you get a fine if you drop litter, that's great the place is a dump, can't believe so many people put up with it, but if you put your litter in a litter bin will you be fined as well, and i quote
"Because you have :
throw down, drop or otherwise deposit and leave litter in any place open to the air is a criminal offence, even when dropped on private land or water.
And you will be charged under :
Section 87 of the Environmental Protection Act 1990 (EPA), as amended by the Clean Neighbourhoods and Environment Act 2005, makes it an offence to drop, throw or deposit and leave litter anywhere." Get the last part, Leave litter anywhere, so that means in a litter bin.
I understand that Kingdom who do this fines on the public get £44 the Council gets the rest, but if you fined people £20,000 the place would still be full of litter

If you place "litter" in a litter bin then there is a section that allows this ....

"Section 87(4A) of the EPA 1990, no offence is committed where the litter is: (a) authorised by law or (b) done by or with the consent of the owner, occupier or other person having control of the place where it is deposited."

I think its taken that Councils consent to the use of their litter bins for the placement of litter.

Statistics for the penalties each month are published towards the bottom of the page HERE

A nice little earner. I see the police are now going on top deck of buses to take a higher level to spy down on car drivers using their mobile phones .
At the moment in the Midlands region, but it won't be long before it's nationwide.

Rules and laws are there to be adhered to, but for police to be sitting on buses trying to catch people out with surveillance, to my mind is getting very much like Russia in the days of the USSR. What a waste of resources.

I find it rather strange that in the lists of penalties you refer to DD, that 'dog fouling' is such a low number of fines. That is ridiculous. August just 2 cases on Wirral ! .. someone needs to look a lot more closely at that filthy, disease carrying, habit.

Maybe I'm on my own here, but ........ buses ??

Merseyside police have used a lorry tractor unit for filming mobile-phone-using-drivers and full marks to them, they also use transits and motorbikes.

I'm fed up following cars veering all over the road and lane markings and sure enough you see they are on their mobile, totally convinced they can drive and be on the phone at the same time, they can't, they are a complete danger to others.

Any technique that stops drivers using mobiles whilst driving is fine by me.

In a way it is worse than drink driving because with drinking your reasoning and judgement are impaired and you do things you normally would not do like sleep with someone that you just met but you didn't really fancy or even buy something you really can't afford. With using a mobile phone you are purposely and fully consciously impairing your ability to drive with total disregard for others.

I usually travel by bus and very often notice people using phones or tablets while driving. Often I count the drivers out of ten using phones. Worst ever was seven. Four to six usual and lowest ever was two. Never had ten drivers not using their phones.

Ironically since the increased penalties you see fewer holding the phone to their ear and more usually now they keep it low down and text instead and of course this is far worse.

Should be an automatic ban.