The depositing of litter on the public highway is an offence under Section 87 of the Environmental Protection Act 1990. Identified offenders can be liable to a Fixed Penalty Notice of £100, whereby payment will discharge their liability to prosecution for the offence. Failure to pay a fixed penalty may result in prosecution where the maximum fine at a magistrate’s court is £2,500.
If you have a FPN for littering or spitting paan in the street you can pay it online.
Please make sure you have your reference number and a credit or debit card details available. Your reference number can be found on the FPN that you have been issued with.
Report litter, illegal rubbish dumping and other street problems to us by downloading the Love Clean Streets app and set ‘Cleaner Brent’ as your home authority.
What is the cost of the Fixed Penalty Notice?
As of 1st April 2018, Fixed Penalty Notices for littering will increase from £80.00 to £100 in line with legislation.
If the offence occurred on the 31st March 2018 then the amount will be £80.00, if the offence occurred on or after the 1st April 2018 then it will be £100.
How long do I have to pay the FPN?
Once the FPN has been issued, you need to make payment within 14 days. You can make payment online or over the phone.
Can I appeal a Fixed Penalty Notice?
There are no formal grounds of appeal against a Fixed Penalty Notice. If you agree that an offence has been committed by you then paying an agreed amount of money means that no further action, such as prosecution for the offence, can be taken by the council.
What if I don’t agree that I committed the offence?
If you do not agree that you committed the offence then the matter will be dealt with through formal prosecution via the courts. It will then be up to the court, on receiving evidence, to determine whether or not an offence was committed and therefore whether or not any penalty should be imposed.
What happens if I refuse to pay the fixed penalty notice?
We will take legal action and you will be prosecuted for the offence.
I didn’t know that this was an offence. Do I still have to pay?
You will still have to pay the Fixed Penalty Notice. It is not acceptable to drop litter on the street or to spit Paan. Both of these cost the council a lot of money to clean up.
Do I still have to pay if there are no signs?
We are not required to place signs in any street to ask that people do not drop litter, or to inform you that litter patrols are operating in the area. Litter legislation has been in place for many years and we are now looking to encourage people to take their litter home or place it in litter bins rather than drop it on the floor.
Why should I pay a Fixed Penalty Notice when there were no litter bins nearby?
It is not feasible for the council to put litter bins in every street in the borough, though of course every effort is made to place bins where they are most needed such as in town centres and parks and open spaces. The lack of a litter bin is no excuse for dropping litter; if there is no bin nearby, take your litter home with you.
I received a Fixed Penalty Notice for dropping a cigarette butt, surely that can’t be considered littering?
Litter includes cigarette butts, food items and packaging, paper, fast food wrapping and also chewing gum.
I wasn’t given a warning, surely that is not fair?
The aim of our enforcement patrols is to target those who choose to ignore the littering laws which the rest of us abide by. We would encourage you to Love Where You Live and not drop litter or spit Paan in the first place.
If I pick up the litter after an officer has approached me, do I still receive a Fixed Penalty Notice?
The littering offence relates to the dropping of litter and walking away once you have dropped it. So, whether or not you volunteer to pick up your litter afterwards you will be issued with an FPN.
Can I complain about the Enforcement Officers behaviour?
If you feel that the officer’s behaviour was unacceptable, please write to the address provided on your FPN and your complaint will be investigated. You should be aware that making a complaint is treated separately to the issue of the FPN. We recommend that to prevent any legal action being started for non-payment, you consider paying the FPN within the time limit provided.
Can I pay by instalments?
Payment needs to be made in full. We cannot accept payments in instalments.
Is this not just making money for the council?
The aim of this trial is to encourage people who live in, work in, and visit Brent to take pride in the borough and to help keep it clean for everyone to use. While the council cleans the streets, money could be saved if people did not drop litter. The aim of the trial is not to make money for the council, but to ensure that those who refuse to take responsibility for their own actions comply with the law. The use of enforcement officers is the most effective way of encouraging people to comply with the law.
Do the enforcement officers get paid commission?
No. The enforcement officers are paid a fixed hourly wage which meets the requirements of the London living wage.
Do the enforcement officers have a quota of fixed penalty notices to issue?
No. The enforcement officers will issue penalty notices where they observe people breaking the law by dropping litter on the streets of Brent. There are no quotas in place for the number of fixed penalty notices to be issued.
I want to see proof a photo or video of me dropping litter.
Under the legislation, the offence of littering only has to be witnessed by an authorised officer, there is no need to provide “proof” either by photograph or video.
Do I have to give my details to the officer?
If you refuse to provide your personal details or give false details you have committed an offence under the Environmental Protection Act 1990. The Police may well be called and if you continue to refuse to give your details and you can be arrested.
Are the cameras worn by the officers always recording?
No, the body worn cameras only starting recording when activated by the officer.
I was upset about news I have just received, surely you should cancel the fixed penalty notice
We operate a zero tolerances on littering and while we understand you may have just received upsetting news, this does not excuse the criminal action of littering.
I have a medical condition, do I need to still pay the Fixed Penalty notice
Please provide written representation with proof of the medication condition, which will be reviewed on a case by case basis.