The Litter Strategy focuses primarily on community education and promotion of litter prevention messages to encourage responsible behaviour within all sectors of the community. However, there is also a need to supplement this with the application of an effective law enforcement deterrent.
Enforcement powers clearly have a deterrent effect and can help cut the amounts of litter, flytipping and dog fouling in the Council area. Therefore, action is being taken against those who ignore requests to dispose of their litter and refuse in a responsible manner, and who do not clean up after their dogs.
Falkirk Council has set up the Community Safety Team (CST) to carry out the full range of law enforcement processes available. For more information about the CST see our CST pages|.
Litter from Individuals
The Environmental Protection Act 1990 (EPA) makes dropping litter a criminal offence. Section 87 of the EPA describes the offence as: “If anyone throws down, drops or otherwise deposits in, into or from any place to which this section applies, 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 to which this section applies, he shall… be guilty of an offence.”
Legally, the word “litter” is given a wide interpretation. Litter can be as small as a sweet wrapper, as large as a bag of rubbish, or it can mean lots of items scattered about.
Section 88 of the EPA gives powers to litter authorities to operate a fixed penalty scheme for littering. Under this part of the legislation, local authorities can issue offenders who drop litter a Fixed Penalty Notice. This gives the person the opportunity to pay a fine of £50. Failure to pay this fine within 15 days will result in the person being reported to the Procurator Fiscal, and on conviction could result in a fine of up to £2, 500.
The CST also take action on litter thrown from vehicles, whether stationary or moving.
Litter from Businesses
The EPA places a Duty of Care on businesses, as waste producers, to ensure that their waste cannot escape from their control. This means that businesses must have adequate storage space for their waste between collections. To prevent spillage, businesses should also keep their waste in suitable containers, and to put it out as near as possible to the time of collection.
Businesses which do not comply with the legislation will initially be approached to make them aware of their responsibilities. Failure to comply in the future will result in enforcement action being taken.
Where a litter problem can clearly be traced to certain types of businesses, such as takeaway food premises, the Council can issue a Street Litter Control Notice. This puts conditions on the business regarding the cleansing adjacent to the premises.
Dog Fouling
The main piece of legislation covering dog fouling is The Dog Fouling (Scotland) Act 2003. The Act makes it an offence for any person in charge of a dog not to immediately pick up and dispose of its fouling in an appropriate manner. This legislation applies to all areas of public open space, including:
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Children’s play areas
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Pavements, footpaths and roads
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Pedestrian precincts
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All grass verges
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Parks and other recreational areas
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Canal footpaths and cycle ways
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Common areas such as drying greens, back courts and stair closes.
Under the Act, failure to clean up after your dog may result in you receiving a fixed penalty fine. The fixed penalty is currently £40, and rises to £60 if not paid within 28 days. Non-payment of fines will result in a report being made to the Procurator Fiscal and could lead to a fine of up to £500.
The Act also removes the need for corroborative evidence in relation to dog fouling offences, and makes it an additional offence if you fail to give your name and address details to an authorised officer. If you are found guilty of this additional offence, you could face a fine of up to £500.
Full legal texts are available from The Stationery Office by calling their Enquiry Line on 0870 600 5522, or by logging on to www.hmso.gov.uk.
For any other information, please contact us.