Littering Offences
People who carelessly discard litter in a public open place are
committing a criminal offence. Perth & Kinross Council
employ Litter Enforcement Officers that can issue fixed penalty
notices for dropping litter.
What is the law governing littering?
Prosecutions for littering are brought about under section 87 of
the Environmental Protection Act 1990, "The offence
of leaving litter".
"If any person 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".
So this means that it is:
- an offence for anyone to drop litter in the street or in a
public open space
- an offence to leave litter on a bench or street furniture
and walk away
- also an offence to throw litter from
your vehicle
What do the litter enforcement officers do?
Perth and Kinross Council's Litter Enforcement Officers can be
seen on patrol, the hope is for them to be a deterrent but they
also have the ability to issue fixed penalty
notices.
Perth and Kinross Council have employed Litter Officers to:
- carry out enforcement duties under Part IV of the Act (such as
the issuing of a £50 Fixed penalty Notice for the offence of
littering);
- use their local knowledge to identify areas where the authority
could consider using its powers in Part IV of the Act (such as
deciding where to issue street litter control notices and designate
litter control areas)
How much is the litter fine/fixed penalty
notice?
It is currently £50. This figure was set by the then
Scottish Executive in July 2003.
Where do I pay the fine?
In person, either with cash or cheque made payable to Perth
& Kinross Council at any Council cash office.
By post by cash (if you are sending cash you are advised to send it
by registered post), cheque or postal order made payable to
Perth & Kinross Council at:
Perth & Kinross Council
The Environment Service
Pullar House
35 Kinnoull Street
PERTH
PH1 5GD
The tear off slip at the bottom of the fine must be included in the
letter.
How long do I get to pay the fine?
Fourteen days from the date of issue
What happens if I don't pay the fine?
Failure to pay this fine within 14 days will result in a
reminder letter being issued and if no payment is made following
this, it could result in a fine of up to
£2,500.
Paying a fixed penalty notice will discharge any liability to
conviction for the offence of leaving litter
What happens if the offender refuses to give their
details to the Litter Officer?
Experience shows that this happens in very few cases, however,
officers may call for Police assistance or note car registration
details etc. to obtain the necessary details of the
offender.
What about litter thrown
from vehicles?
Throwing litter from vehicles onto public land is also a
littering offence under section 87 of the Environmental Protection Act 1990.
If you witness litter being thrown from a vehicle take note of
the following information:
- registration number of vehicle
- whether the driver or passenger threw the litter
- a good description of the vehicle and offender in case it is
needed in evidence.
Offences can be reported to the Customer Service Centre on
01738 476476 and the Litter Enforcement Officers will decide what
action, if any, should be taken.
