Frequently asked questions

Why does Falkirk Council need a litter strategy?

The Strategy supports the Scottish Government's National Litter Strategy "Towards a Litter-free Scotland" which was launched in 2014 and the Code of Practice on Litter and Refuse (Scotland) which is known as (CoPLAR 2018).

Falkirk council wants to ensure its practices are relevant and effective to prevent litter, flytipping and dog fouling. We need provide the most efficient and effective services to our residents, to this it requires innovation and ambition as laid out in the strategy.

What is CoPLAR 2018?

The Code of Practice on Litter and Refuse (CoPLAR) provides practical guidance on fulfilling the duties under the Environmental Protection Act 1990, Section 89. These are to, as far as is practicable:

  • keep land clear of litter and refuse (Duty 1)
  • to keep certain roads clean (Duty 2)

What is litter?

Litter is simply waste in the wrong place. Litter is anything that is thrown down, dropped or left in a public place. Litter is an offence as per Litter (Fixed Penalty Notices) (Scotland) Order 2014, and can result in the issue of an £80 Fixed Penalty Notice.

Street Litter Control Notices can be issued where litter can be clearly traced back to certain types of business, such as take-away food premises. This results in the business owner being responsible for keeping the front of their premises clear of litter.

What is fly tipping?

Illegal dumping or fly tipping of waste is the larger items of waste that are not being disposed of correctly. Fly tipped items can include furniture, black bag waste, garden waste and soil.

Fly Tipping is an offence as per Section 33A Environmental Protection Act 1990, and can result in a £500 Fixed Penalty Notice being issued for offences committed and/or prosecution. However, fines can be issued up to £20,000 and/or 6 months imprisonment. If a case is heard in the High Court, fines can be unlimited and offenders face up to 2 years imprisonment, or 5 years if hazardous waste is dumped. Where fly-tipping involves the use of a vehicle, the driver can be prosecuted, as can the owner of the vehicle. The Police also have powers to seize vehicles used for fly-tipping.

What is dog fouling?

Dog fouling is where any person in charge of a dog fails to immediately remove and dispose of appropriately any excrement after a dog has fouled without reasonable excuse or the consent of the landowner. Dog fouling is an offence.

If you do not clean up after your dog you may face an £80 on-the-spot fine, increasing to £100 if not paid within 28 days. If you refuse to pay the fine, you may be prosecuted and may face a court appearance with a maximum penalty of £500. Registered blind dog owners are exempt from penalties.

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