Street Scene Enforcement Scheme

 

 

Dog Fouling & Littering Fixed Penalty Notices (FPNs)

Anyone caught dropping litter, including cigarette butts and chewing gum, or not picking up after their dog in the district will face a fine of £80 (reduced to £50 if paid within 10 days) under a new street scene enforcement scheme being trialled for 12 months from May 2017. This is in response to local residents and businesses stating that street cleanliness is important within the Arun District.

The scheme is run by enforcement company EH Commercial Services Ltd, which has been running a similar trial for East Hampshire District Council. In that district, the team have an average 87% payment rate and a 99% success rate for prosecutions.

The scheme operates on a zero tolerance policy. However, if there are compelling circumstances you are able to appeal within 14 days (or 10 days for the early payment reduced amount) of the issue of the notice quoting the reference number that is pre-fixed ‘AA’ by:

Emailing - environmental.enforcement@easthants.gov.uk.

Or writing to:
FAO Environmental Enforcement
EH Commercial Services Ltd
Penns Place
Petersfield
GU31 4EX

PLEASE NOTE: This scheme is run by East Hampshire District Council and, therefore, any contact / complaints / appeals must be made in writing to them and NOT Arun District Council. We are unable to deal with enquiries at Arun District Council Offices.

The funding of the scheme comes directly from fines, rather than from the Council’s budget.

The Council liaise with the team to target problem-areas within the Arun district. The maximum penalty on conviction is £1000.

The aim of the scheme is to:

  • reduce litter 
  • encourage people to clean up after their dogs 
  • raise awareness that dropping litter or failing to clean up after their dogs will mean an £80 fine (£50 if paid within 10 days).

To pay fines please use our online service. Select Fixed Penalty Notice (for dog fouling and littering).

 

Reporting littering and dog fouling hotspots

Where should the enforcement officers patrol?

If you know of a litter or dog fouling hotspot which would benefit from a visit from our officers let us know using the Environmental Health Report it form.

 

FAQs

What is a Fixed Penalty Notice?

A Fixed Penalty Notice (FPN) is a fine that can be issued to an individual or business by an authorised officer who believes that you have committed an environmental or public health offence as an alternative to prosecution at court. Offences include:

  • Littering (e.g. cigarette butts, chewing gum, packaging)
  • Failure to clear up after a dog fouled.

 

What happens if I don’t agree that I committed the offence for which I have received a Fixed Penalty Notice? Can I appeal?

There is no formal right to appeal, however East Hampshire District Council will accept representations from you within 14 days of the issue of this notice (you must do so within 10 days for the early payment amount). If you wish to make representations relating to the issue of this Fixed Penalty you can do so by writing to our contractor.

 

How can I contact / appeal?

All representations MUST be made in writing to:   
environmental.enforcement@easthants.gov.uk or via post to:
FAO Environmental Enforcement
EH Commercial Services Ltd
Penns Place
Petersfield
GU31 4EX

 

Who issues Fixed Penalty Notices (FPNs)?

FPNs can only be issued by Council officers or agents of the Council that have been specifically authorised to do so. Arun District Council have authorised officers to issue FPNs. The officers are tasked to areas of highest demand but 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.

 

What happens if I fail to pay the Fixed Penalty Notice (FPN)?

Reminder letters will be sent. Failure to pay will mean that you are very likely to receive a summons to attend a magistrate’s court hearing.

 

What happens when a Fixed Penalty Notice (FPN) is paid?

Payment of a FPN means that no further action will be taken for that particular offence.

 

What happens if I wish to challenge the issue of a Fixed Penalty Notice (FPN)?

Authorised officers of the Council will only issue a FPN where they consider that there is adequate evidence of an offence that will support a prosecution in court. However, if you believe that you did not commit the offence in question or that the issue of the FPN was incorrect, you can challenge the Council in two ways:

  • If you wish to make representations relating to the issue of this Fixed Penalty you can do so by writing to the Fixed Penalty Contract Manager, East Hampshire District Council, Penns Place, Petersfield Hants, GU31 4EX quoting the reference number.
  • Opt not to pay the FPN and attend court, if summonsed, to present your case.

 

Why did the officers not give me the opportunity to pick my litter up?

There is no requirement within the Environmental Protection Act 1990 that requires the officers to provide this opportunity. Arun District Council operates a zero tolerance policy.

 

Other people in the vicinity were smoking and dropping their cigarette ends, why did the officers only pick on me? I feel I was targeted.

Officers act fairly, based on their observations. Personal information is obtained during the process of issuing a Fixed Penalty Notice and as such they can only deal with one situation at a time.

 

There were no bins available in the vicinity.

There are an adequate number of bins located throughout the district. Where no bin is within eyesight, there is a moral expectation placed on individuals to retain their litter until an appropriate waste receptacle is found. Failure to comply constitutes an offence under the Environmental Protection Act.

Dog poo once bagged can be placed in any litter bin, not only the designated dog poo bins.

Where bins are not available then it is up to you to act responsibly and carry your litter to a bin or take your litter home.

 

I placed my cigarette end on a bollard, which looked like an ashtray; there was another cigarette on it so why did I get a Fixed Penalty Notice?

Some security bollards and other items of street furniture are incorrectly used as ‘ashtrays’. This constitutes an offence under the Environmental Protection Act.

 

I’m not from this area and I didn’t know it was an offence to drop litter; it isn’t an offence where I come from. 

The Environmental Protection Act 1990 states that it is an offence to drop litter in any part of the U.K. Not all council areas, parishes or districts choose to enforce this law. In addition many cities throughout the world impose penalties in relation to dropping litter.

 

The officer who approached me wasn’t wearing a uniform, were they legitimate?

Plain clothes operations are occasionally undertaken. If you wish to question the legitimacy of the officer, please telephone 01730 234131 quoting the officer number that is on the officers ID badge and it can be confirmed for your peace of mind.

 

I did not see any signs warning me that it is an offence to drop litter.   

There is an expectation that an individual should dispose of their litter in an appropriate receptacle. There is no requirement within the Environmental Protection Act that requires a council to erect warning signs.

 
Cigarette stubs aren't really waste as they can't be placed in litter bins because they will catch fire.

All cigarette butts are considered litter if dropped. They must be stamped out and immediately picked up and placed in an appropriate receptacle. You can use bins without ashtrays, extinguish the cigarette first, and then place it in the bin.

 

If a customer makes a representation, does this stop the process e.g. will you continue to issue reminder letters?     

Yes, once the offender has made a representation and this is uploaded to the system, no reminders will be sent out until the system is updated to declined – We can also show all outstanding representations and this is a good way on checking we have not missed anyone.

 

Why can’t I talk to a manager?

It is to a person’s advantage to make sure everything is in writing so that if the case were to go to court, all correspondence from them is documented.

 

Under 18’s

For first offences, if they can provide evidence of their age, the fine can be cancelled. They need to email or post the evidence in a passport, driving licence or birth certificate format. Student cards are not accepted.

 

I want to see the footage – how can I get a copy?

As it is evidence in an ongoing criminal investigation, we would not supply the person with a copy however if a person would like to arrange a viewing they can do so by emailing us environmental.enforcement@easthants.gov.uk.

 

I’ve sent in an appeal but only have 10 days to get a decision as my fine amount will increase, I’m worried this will happen

If a representation is sent in and received within the 10 days, the lower amount will be honoured if the decision takes you over the 10 days limit.

 

Can I pay in instalments?

No, but if you contact environmental.enforcement@easthants.gov.uk or via post to:
FAO Environmental Enforcement
EH Commercial Services Ltd
Penns Place
Petersfield
GU31 4EX

you may be offered an extension to give you more time to save up and pay in full. You must do this within 10 days of receiving the FPN.

 

I think I’m due in court!?

We will have written to you. If unsure, contact us for information environmental.enforcement@easthants.gov.uk.

 

How do I pay my fine when I have the money?

You will need your FPN reference prefixed ‘AA’. Click here to pay online or call 01903 737755.