Purpose

In a Cabinet report on 3 June
2024 the Council set the Fixed Penalty Notices charges for
Littering, Fly tipping and household duty of care offences. This
decision proposes some minor amendments to the Littering, Graffiti,
Household Duty of Care, Commercial waste receptacle breaches and
Street Trading offences.

Decision

1.   
The existing FPN charge for the offence of leaving
litter under section 88 of the Environmental Protection Act 1990 is
increased from £150 (with an early repayment amount of
£100) to £250 (with an early repayment amount set at
£200). This is below the maximum permitted charge of
£500.
 
2.   
To apply an FPN for littering instead of fly tipping
when regular household waste (i.e. black bags and small items) is
placed on the public highway outside the allocated times. The
£1,000 fine for fly tipping will be reserved for items that
are not part of the regular household waste collection, such as
bulky waste, i.e., mattresses, furniture, white goods, or
construction materials.
 
3.   
The existing FPN charge for Graffiti and flyposting
offences under section 43 & 44 of the Anti-Social Behaviour Act
2003 is increased from £100 (with no early repayment
option) to the maximum permitted charge of £500 (with an
early repayment amount set at £250).
 
4.   
The existing FPN charge for breaches of the
Household Waste Duty of Care under section 34(2A) of the
Environmental Protection Act 1990 is increased from
£400 (with an early repayment amount set at £250) to
the maximum permitted charge of £600 (with an early repayment
amount set at £300).
 
5.   
The existing FPN charge for Commercial waste
receptacle breach under section s47 & 47ZA of the Environmental
Protection Act 1990 is increased from £110 (with no
early repayment option) to £150 (with no early repayment
option). This is the maximum permitted charge.
 
6.   
The Council introduces these changes with effect
from 1 November 2025.
 

Reasons for the decision

Under the Environmental
Protection Act 1990 and the Unauthorised Deposit of Waste (Fixed
Penalty) Regulations 2016 as well as the Anti-Social Behaviour Act
2003, Cleaner Neighbourhoods and Environmental Act 2005 and London
Local Authorities Act 1990 & 2004 the council may specify the
amount of the FPN payable for offences under the act and should
formally agree these.
 
This report seeks to update the
FPN charges in line with the upper limits of the legislation
parameters so that it is in line with other boroughs locally such
as Lambeth and Ealing and reflects the severity of the offending
and how seriously it is taken in Hammersmith &
Fulham.

Alternative options considered

See report.