a guide to improving your local environment - Keep Britain Tidy

A GUIDE TO 

IMPROVING YOUR 

LOCAL ENVIRONMENT

INTRODUCTION 

www.encams.org 

Local environmental issues such as litter, dog fouling, 

neighbour noise and abandoned vehicles are very 

important to people in their everyday lives. Whether it is 

where you live, work, visit or play, a cleaner, safer, 

greener community is what we all want and need to 

improve our neighbourhoods. 

The local environment is everybody’s concern and 

members of the public are now feeling more empowered 

to change aspects of where they live. This pack is 

designed to help you answer some of the questions you 

may be faced with and is a useful resource to anyone who 

deals with queries on local environmental quality and 

anti-social behaviour. 

INTRODUCTION 

I am happy to endorse this easy-to-use guide and hope it 

will help us all in the drive to improve the quality of our 

towns, cities and rural communities. 

Ben Bradshaw MP 

Minister for Local Environmental Quality 

1


INTRODUCTION 

About ENCAMS 

ENCAMS stands for Environmental Campaigns and is the 

charity which runs the Keep Britain Tidy campaign, and 

works to improve local environments from streets to 

beaches and local parks. ENCAMS is part-funded by the 

Department for Environment, Food and Rural Affairs 

(Defra). This pack provides introductory information on a 

range of local environmental quality issues. Further 

information and publications can be found at 


Important legal note 

INTRODUCTION 

This pack contains simplified guidance based on complex 

and changing legislation, and does not constitute legal 

advice. Whilst we have endeavoured to make it correct at 

the time of publication we cannot be held liable for errors 

and omissions; compliance with the law remains the 

user's responsibility. If you have concerns over 

compliance, you must seek professional advice, 

or contact your regulator or local authority. 

2

CONTENTS 


1 

Litter 

2 

Dog Fouling 

3 

Waste - Domestic and Business 

4 

Fly-tipping 

5 

Abandoned and Nuisance Vehicles 

6 

Flyposting 

CONTENTS 

7 

Graffiti 

8 

Neighbour Noise 

9 

Anti-Social Behaviour 

10 

Glossary 

11 

Notes 

3

LITTER 


What is litter 

There is no legal definition, however litter is commonly 

assumed to include materials, often associated with 

smoking, eating and drinking, that are improperly 

discarded and left by members of the public; or are spilt 

during business or waste management operations. As a 

guideline a single plastic sack of rubbish should usually 

be considered fly-tipping rather than litter. Section 98(5A) 

of the Environmental Protection Act (EPA) 1990 makes it 

explicit that dropping chewing gum constitutes littering, 

however for the purposes of street cleaning trodden-in 

chewing gum adheres to surfaces so cannot be removed 

as litter. Special cleansing methods may be employed by 

local authorities to deal with staining and impacted gum. 

(See information on chewing gum litter at the end of this 

section.) 

What is littering 

The offence of littering (s.87 EPA 1990) applies when a 

person throws down, drops or otherwise deposits and 

leaves any litter in any place in the area of a principal 

litter authority which is open to the air. 

LITTER 

What is the cost of litter 

About £540m a year is spent by local authorities in 

England on street cleaning and litter clearance. 

What are the most common types of litter 

Smoking materials and confectionery wrappers are the 

most commonly found items of litter. 

In a Local Environmental Quality Survey carried out by 

ENCAMS in 2004/2005, smoking related litter was found 

in 79% of all locations surveyed and confectionery related 

litter, such as sweet wrappers, was found in 67% of 

locations. Drinks related litter such as cans and bottles 

was found in 65% of all locations. 

5


Responsibilities with regard to litter 

The EPA 1990, s.89, states that certain bodies have a duty, so 

far as is practicable, to keep their land clear of litter and 

refuse (including fly-tipped waste). Section 89 (2) places a 

further duty on the Secretary of State and on local 

authorities to keep certain highways and roads clean, so far 

as is practicable, of litter, refuse and detritus. The Code of 

Practice on Litter and Refuse issued under s.89 states what 

land is covered under the duty and how clean it needs to be. 

The Code is concerned with keeping land clean, not how 

often it is swept. 

Local Authorities 

• Have a legal duty to clear litter and refuse from 

relevant land and highways for which they are 

responsible, such as streets, parks, playgrounds, 

some beaches (in season) and pedestrianised areas. 

• Are required to report annually to the government on 

the state of their streets with regard to litter and 

detritus as part of the corporate reporting 

system (BV199). 

LITTER 

Other Bodies With a Duty to Clean Their Land 

Other bodies with a duty to ensure that land and highways 

under their direct control are clean, so far as is practicable, 

of litter, refuse and detritus, are: 

• Appropriate Crown Authorities; 

• Designated Statutory Undertakers (including transport 

operators such as ports, docks, railways, airports, 

transport hubs); 

• Governing bodies of Designated Educational 

Institutions (legally responsible for clearing the litter 

and refuse from their own grounds but with no 

responsibility for clearing outside their grounds. This 

falls under the jurisdiction of whoever owns the land. 

However, schools are encouraged to work with other 

agencies if specific problems occur, e.g. litter trails 

between schools and local shops); 

• Local authorities, for any relevant highway for 

which they are responsible; 

6

• The Secretary of State, for any trunk road that is a 

special road and any other relevant highway or 

road for which he or she is responsible. 


All bodies with this duty should inform the public about 

procedures for making a formal complaint and the right 

to seek redress in the courts if the prescribed standards 

are not met. 

Private Land Owners 

• If privately owned land is littered, the owner is 

responsible for clearing the litter. Sections 92A to 92C 

EPA 1990 give local authorities the power to serve 

Litter Clearing Notices to get areas cleaned up 

What can be done if a duty to keep land clear 

of litter and refuse is not complied with 

Making a complaint about litter and refuse – 

Litter Abatement Orders 

(EPA 1990, s.91) 

This section provides for individuals and organisations 

(but not principal litter authorities) to take action, via the 

Magistrates’ Courts, against those not complying with the 

duty to keep land clear of litter and refuse, or highways 

clean. If the Magistrates’ Court concludes that the 

complaint is well founded it may issue a Litter Abatement 

Order requiring the person complained against to clear or 

clean the land. 

LITTER 

Enforcing the requirement for duty bodies to keep land 

clear of litter and refuse – Litter Abatement Notices 

(EPA 1990, s.92) 

This section enables local authorities to take action 

where a duty body is failing to keep its relevant land clear 

of litter and refuse. The power to issue a Litter 

Abatement Notice is available to principal litter 

authorities, other than county councils, and may be used 

where any relevant Crown land, or land of a designated 

statutory undertaker, or educational institution, 

is defaced by litter or refuse, or the defacement is likely 

to recur. 

7


A Litter Abatement Notice may specify either, or both, of 

the following (subsection (2)): 

• A requirement for the litter or refuse to be cleared 

within a certain time. In specifying a time period, local 

authorities should take into consideration the 

response times and guidance provided in the Code of 

Practice on Litter and Refuse for the type of land and 

litter in question. 

• A prohibition on permitting the land to become defaced 

by litter or refuse. 

The Anti-Social Behaviour Act 2003 amends this section 

to allow local authorities to enter Crown and statutory 

undertakers’ land (see earlier section on other duty 

bodies), clear up litter and recover costs when a Litter 

Abatement Notice has not been complied with. 

LITTER 

What can be done if others are causing 

undue litter 

Offence of leaving litter, prosecution and fixed penalties 

(EPA 1990, ss.87 & 88) 

It is an offence to throw down, drop or otherwise deposit 

and leave litter under s.87 of the 1990 Act. The offence, 

as extended by s.18 of the Clean Neighbourhoods and 

Environment Act (CNEA) 2005, now applies to all places 

that are open to the air, including private land and land 

covered by water. 

A person found guilty of the litter offence may be fined up 

to £2,500 in a Magistrates’ Court (level 4 on the standard 

scale). Section 88 allows an authorised officer of a litter 

authority to issue Fixed Penalty Notices as an alternative 

to prosecution. Local authorities can set the level of their 

Fixed Penalty Notices within the range set out in 

regulations made by the Secretary of State. Where the 

local authority does not set an amount the fixed penalty 

shall be £75. 

8

Controlling the distribution of free literature 

(EPA 1990 s.94B and schedule 3A) 

Section 94B and schedule 3A EPA 1990, as inserted by 

the CNEA 2005, give local authorities powers to control 

the distribution of free literature (often fliers). Local 

authorities can designate, by order, areas of their own 

land or highways in which the distribution of free 

literature is permitted only with their consent, and 

anyone distributing free literature in such an area without 

consent commits an offence, punishable by a fine or a 

Fixed Penalty Notice. It is also an offence to commission 

or pay for the distribution of free printed matter in a 

designated area without the necessary consent. 


Powers for tackling litter and refuse on 

private land 

Litter Clearing Notices 

(EPA 1990 ss.92A-92C) 

Wherever possible local authorities should work in 

partnership with landowners and occupiers to resolve 

problems caused by heavily littered land. However, s.20 

CNEA 2005 introduced Litter Clearing Notices, which can 

be served by local authorities, to require the clearance of 

litter from other land areas. Key features of Litter 

Clearing Notices include: 

LITTER 

• They can be served on all types of land, private as well 

as public, other than those listed in s.92A (11) 

EPA 1990; 

• They can be served without prior designation of a 

Litter Control Area (these have now been repealed), 

and it is an offence not to comply with them; 

• Local authorities are able to specify the standard to 

which land must be cleared; 

• If land is not cleared, or is not cleared satisfactorily, 

the local authority can enter the land, clear it itself 

and recover the costs of doing so. 

9


Environmental Protection Act 1990, s.59 

Provides powers for waste regulation authorities and 

waste collection authorities to require the removal of 

waste unlawfully and knowingly deposited. Costs can 

be reclaimed. 

Environmental Protection Act 1990, 

Part III (Statutory Nuisance) 

District councils can serve an Abatement Notice if an 

accumulation or deposit is considered to be prejudicial to 

health or a nuisance. Reasonable costs can be recovered. 

Inert material, however, would not be categorised as a 

statutory nuisance. 

Town and Country Planning Act 1990, s.215 

Allows an authority to serve a notice on the owners and 

occupiers of land, requiring the site to be tidied up if the 

condition of any land is in such a state as to adversely 

affect the amenity of the neighbourhood. 

LITTER 

Control of Pollution Act 1974, s.22(3) 

Provides a power to district councils to arrange, with the 

agreement of the person owning or occupying the land, 

for cleaning of land in the open air (other than a highway) 

to which the public has access. Charges will be paid by 

the owner or occupier. 

Public Health Act 1936, s.78 

Provides powers for district councils to sweep and 

cleanse any court, yard or passage which is used in 

common by the occupants of two or more buildings (but 

is not a highway repairable by the inhabitants at large), 

and which is not regularly swept and kept clean to the 

satisfaction of the authority. The council may recover 

reasonable expenses from the occupiers of the buildings. 

Public Health Act 1961, s.34 

Provides a power to remove from any land in the open air 

any rubbish that is seriously detrimental to the amenity 

of the neighbourhood. Rubbish is defined as including 

rubble, waste, paper, crockery and metal. 

10

Refuse Disposal (Amenity) Act 1978, s.6 

Gives councils the powers to remove from land open to 

the air or on a highway any thing that has been 

abandoned without lawful authority. If the land is 

occupied, the council must give notice of its intention to 

remove. Costs can be recovered from the person leaving 

the refuse or a person knowingly permitting it. 


Prevention of Damage by Pests Act 1949, s.4 

A local authority can serve a notice requiring an owner to 

remove, at his own expense, accumulated waste where 

damage by pests is likely to occur. Costs can be recovered 

should the council have to remove it. 

What action can local authorities take 

Where a litter problem can be traced to certain types of 

business, such as takeaway food premises, the local 

authority can issue a Street Litter Control Notice. This is 

a formal notice to ensure the owner is made aware that it 

is their responsibility to keep the front of the premises, 

plus a reasonable distance either side, clear of litter. The 

owner or occupier of the land is then required to keep it 

free of litter. 

LITTER 

Local authorities should work in partnership with others 

to resolve the problem of street litter and seek to remedy 

it, where possible, through joint working and good 

management practice. Such an approach is fostered by 

Defra’s Voluntary Code of Practice for reducing litter 

caused by ‘Food on the Go’ which sets out 

recommendations to help businesses, local authorities, 

and other public and private sector bodies to work 

together. See 

http://www.defra.gov.uk/environment/localenv/litter/pd 

f/fastfoodcop.pdf 

Local authorities can fine individuals for dropping litter 

and can use Litter Clearing Notices to require the 

clearance of private land that is heavily littered. 

Local authorities can serve Litter Abatement Notices on 

other duty bodies failing to keep their area free of litter 

and refuse. This ensures that the owner must clean up 

the area within a given period of time or face a fine, plus 

a daily fine if the offence continues. 

11


Under the Code of Practice on Litter and Refuse all duty 

land must be ‘zoned’. Each zone has a timescale within 

which those responsible for the land should return it to the 

standard given in the Code should cleanliness fall to an 

unacceptable level. Zoning maps produced by local 

authorities are public information and are available on 

request, usually at council offices or the library. 

What action can parish and town councils take 

Parish and town councils are able to authorise people to 

issue Fixed Penalty Notices for litter offences. However 

they must use the penalty level set by the local authority. 

The Code of Practice for Litter and Refuse 

The table that follows (pages 14-15) shows maximum 

response times for cleaning an area that has become 

adversely affected by litter, refuse and/or detritus. 

The table is taken from the Code of Practice on Litter 

and Refuse. 

LITTER 

What can individuals do 

The best course of action for individuals is to not drop 

litter! People may also: pick up litter from their local area 

if it is safe to do so; monitor local litter levels; report 

problem areas to the local authority; and contact local 

schools if their pupils are littering. Members of the public 

are advised, however, not to approach or challenge 

litterers. 

The EPA 1990 gives individuals the right to take legal 

action under s.91 to require duty bodies to keep their land 

at the prescribed standard when an area falls below 

standard for longer than is allowed (see table on pp14-15). 

If individuals are not happy that an area is being cleaned 

up within the specified time or to the correct standard then 

they can make a formal complaint, being specific about the 

time and location concerned, to the relevant body. If this is 

the local authority then it may have a ‘litter hotline’ but 

otherwise complaints are usually dealt with by Cleansing, 

Environmental Health or Technical Services Departments. 

For other duty bodies complaints should be directed to the 

Estates Department or Grounds Manager. 

12

If individuals feel that the duty body has not reasonably 

responded to their complaint they can apply for a Litter 

Abatement Order from the Magistrates’ Court. If granted 

it is an offence for the duty body not to comply, 

punishable by a fine of up to £2,500 plus a daily fee 

of £125. 


They should also contact their local councillor and/or 

Member of Parliament. 

ENCAMS work on litter 

ENCAMS has run successful campaigns on a range of 

litter issues including car litter, youth litter and fast-food 

litter. These have involved cinema adverts, posters and 

other forms of publicity including websites and beer 

mats. Humour and disgust, rather than ‘lecturing’, have 

successfully been used as tools to change people’s 

behaviour. Recent litter campaigns have focused on the 

increasing rat population feeding off fast food and the 

disgusting image of car litterers. 

The problem of gum litter has also been tackled by 

posters showing the damage it can do to shoes and 

clothes. Posters are available at www.encams.org. 

LITTER 

13

Type Of Zone 

High intensity of use Medium intensity of use Low intensity of use Special circumstances 

Nature of the area 

Areas which, through intense 

pedestrian and/or vehicular 

movements, are prone to 

fluctuations in litter and refuse and 

require both high levels of 

monitoring and frequent cleansing 

Areas affected by moderate levels of 

pedestrian and vehicular activity and 

therefore less prone to fluctuations 

in litter and refuse, usually situated 

outside centres of retail or 

commercial activity, but used 

regularly by members of the public 

Areas subject to low or infrequent 

levels of pedestrian and vehicular 

activity and therefore less prone to 

fluctuations in litter and refuse, 

often located in more rural areas 

Types of land where issues of health 

and safety and reasonableness and 

practicability are dominant 

considerations when undertaking 

environmental maintenance work 

(includes legislative restrictions for 

all land types) 

Maximum response time to restore 

to grade A standard if it falls below 

grade B 

‘1/2 a day’ 

This means by 6pm if reported 

before 1pm or by 1pm the next duty 

day if reported between 1pm and 

6pm on the previous day 

‘1 day’ 

This means by 6pm the following 

evening 

14 days 28 days or as soon as reasonably 

practicable 

Type of land (duty applies to relevant land/highways within these categories – refer to specific guidance in s.11 of the Code for full details 

Retail, office and 

commercial 

Primary and secondary retail, office 

& commercial areas 

Primary and secondary retail, office 

& commercial areas 

Housing land 

Areas of housing (except those 

located within primary or secondary 

retail, office & commercial areas 

which fall within high intensity areas) 

Industrial areas Industry/warehousing/retail parks 

Roads 

Main roads and other highways 

running through the above areas 

Main roads and other highways 


Rural roads and other highways 


Motorway and trunk road 

roundabouts and lay-bys, approach 

and slip roads connecting to these 

roads 

Carriageway, verges and central 

reservations of motorways and trunk 

roads 

14

Transport interchanges 

(Includes, railways, bus stations, 

ports, harbours, docks, airports, 

etc.) 

Educational land 

(Most schools, colleges and 

universities) 

Public open spaces 

Waterside land 

(Includes canal waterways, 

marinas, inland navigation 

towpaths and towpaths to which 

the public have access in 

urban areas) 

Beaches 

Other areas 

Publicly accessible areas in and 

around transport interchanges in 

busy public areas (most likely to be 

major airports, ports, harbours, bus, 

train, and tram passenger stations in 

cities and town centres and 

car parks) 

Publicly accessible areas in and 

around transport interchanges 

located in these areas (most likely to 

be suburban and important town 

harbours, bus, train and tram 

interchanges, car parks and 

haulage operations) 

Public areas in and around 

transport interchanges located in 

these areas 

Also, Operational rail land between 

platforms and within 100m of 

platform ends 

Land of designated educational 

institutions (most commonly 

schools, colleges and universities), 

during term time, other than 

weekends or half term holiday 

Land of designated educational 

institutions (most commonly 

schools, colleges and universities), 

when being used for a purpose 

authorised by governing body or 

managers during holidays 

Parks and open spaces located in 

busy public areas, or with strategic 

national importance, or parts of 

other open spaces subject to high 

intensity of use 


areas as described above, or parts of 

other open spaces subject to 

medium intensity of use 


areas as described above, or parts of 

other open spaces subject to low 


Waterside land in areas with high 


Waterside land in areas with medium 


All other waterside land 

Other busy public areas All other areas 

Amenity Beaches should be 

generally clear of all litter and 

refuse between 1 May and 30 

September inclusive. 

Individual local authorities should 

decide the level of cleanliness that 

they are able to provide to any 

non-amenity beaches, and where 

practicable, beaches must be 

inspected from time to time and 

cleaned as necessary 

15

CHEWING GUM LITTER 


What’s the extent of the gum problem 

In the UK 20 million people consume more than 935 

million packets of gum a year. Just under half of the UK 

population chew gum, and the market, currently valued at 

£322m, is constantly growing. 

Whilst many people dispose of their gum correctly, there 

are some who drop or spit it out onto the streets. Once 

trodden in, gum can be extremely difficult and costly to 

remove, causing staining to paved areas. 

What are the gum dropping laws 

Dropping gum is classed as dropping litter. This is made 

explicit in s.27 CNEA 2005. Therefore the same laws and 

penalties as outlined above for dropping litter apply to 

dropping gum. Many councils have taken action against 

gum droppers, issuing Fixed Penalty Notices for 

littering offences. 

Once gum becomes flattened to the surface of a 

pavement it can’t be removed as you would a 

piece of litter. 

GUM LITTER 

Is chewing gum litter/staining a problem 

Chewing gum litter and the staining it causes pose a 

problem in many different ways. 

Chewing gum is the most prevalent form of staining 

In a survey of over 10,000 sites falling within a range of 

different land uses, ENCAMS found solid gum present at 

3% of sites and staining resulting from people dropping 

or spitting gum at 55%. The amount of impacted gum 

recorded during the survey has declined over the last 

three years. However, it is still the biggest form of 

staining with accumulations becoming extreme in 

locations where people congregate including main town 

and city centres (91%), local retail and commercial areas 

(84%) and bus and railway stations (60%). 

17


Irresponsible gum disposal is at the heart of 

the problem 

Chewing gum litter and staining is found so widely 

because of the habits and attitudes of those people who 

chew and carelessly discard their gum. Research has 

shown that gum droppers do not regard this behaviour as 

significant. Nor do they see gum as litter. 

Gum is difficult and costly to remove 

Not only is chewing gum the most prevalent form of 

staining, it is the most persistent. Highly resistant to 

aggressive chemicals, with strong adhesion, chewing 

gum does not degrade and retains these properties over 

a long period of time under all weather conditions. 

GUM LITTER 

Impacted gum cannot be dislodged by routine street 

cleaning, but requires specialist procedures and 

equipment such as power washing. Manual scraping, 

steam cleaning and cryogenics are also used. However, 

these procedures are expensive; they interfere with 

normal pedestrian flow and generate noise. Removal is 

slow, and can damage pavements and grouting, and often 

the oily deposit left behind once the chewing gum has 

been removed is just as unsightly as the gum itself. 

Further Information & Contacts 

ENCAMS 

Elizabeth House, The Pier, Wigan, WN3 4EX 

Tel: 01942 612 621 Fax: 01942 824 778 

Email: enquiries@encams.org 



Ashdown House, 123 Victoria Street, London, SW1E 6DE 

Tel: 0845 9335577 

www.defra.gov.uk 

Chartered Institution of Wastes Management 

9 Saxon Court, St Peter’s Gardens, Marefair, 

Northampton, NN1 1SX 

Tel: 01604 620 426 

www.ciwm.co.uk 

18

DOG FOULING 


Dog fouling facts 

Dog fouling is consistently one of the highest sources of 

complaints by the public to MPs, local councillors and 

local authorities. Estimates put the UK dog population 

between 6.5 million and 7.4 million, producing 1,000 

tonnes of faeces every day. 

CNEA 2005 has repealed the Dogs (Fouling of Land) Act 

1996 and dog fouling is one of five dog control matters 

which can now be controlled by way of Dog Control Orders 

(DCO’s). The other control matters for which orders may 

be made include banning dogs from land, requiring that 

dogs are kept on leads, requiring that dogs are put and 

kept on a lead if directed to do so by an authorised officer 

and restricting the maximum number of dogs a person can 

take onto land. 

Powers and responsibilities 


• Can make orders that apply offences aimed at the 

control of dogs (DCO’s) to specified land in their area. 

DOG FOULING 

• Can authorise officers to issue Fixed Penalty Notices 

for all dog control order offences. 

• Must inform the public as to what land is subject to a 

DCO by signage, where practicable. This legal 

requirement comes from regulation 3(4)(a) of the 

DCOs (Procedures) Regulations. 

• Have a duty under the Litter (Animal Droppings) Order 

1991 EPA 1990 to keep the following areas clear 

of dog faeces: 

- Any public walk or pleasure ground; 

- Any land laid out as a garden or used for the purpose 

of recreation; 

- Any part of the seashore which is frequently used by 

large numbers of people, and managed by the person 

having direct control of it as a tourist resort or 

recreational facility; 

19


- Any esplanade or promenade which is above the place 

where the tide flows; 

- Any land not forming part of a highway, which is open 

to the air, which the public are permitted to use 

on foot only, and which provides access to 

retail premises; 

- A trunk road picnic area; 

- A picnic site. 

Parish and Town Councils 

• Can make Orders that apply offences aimed at the 

control of dogs (DCO’s) to specified land in their area. 

• Can authorise officers to issue Fixed Penalty Notices 

for dog control order offences and are able to set the 

level of fixed penalty in relation to DCO’s 

they have made themselves. 

Dog Owners 

• Must not allow their dogs to foul on any public land or 

private land that is not in their own ownership. 

DOG FOULING 

• Must pick up their dog’s waste and dispose of 

it responsibly. 

What are the dog fouling laws 

Dog Control Orders 

Clean Neighbourhoods and Environment Act 2005 

The CNEA 2005 has repealed the Dogs (Fouling of Land) 

Act 1996 and dog fouling is now controlled by way of 

DCO’s. 

Any designation made under the 1996 Dogs (Fouling of 

Land) Act remains in place unless a DCO is made on that 

land. 

Section 55 of the Act enables ‘Primary Authorities’ (which 

equate to local authorities) and ‘Secondary Authorities’ 

(meaning principally parish and town councils) to make 

orders that apply offences aimed at the control of dogs 

(DCO’s) to specified land in their area. 

20

Section 57 provides that DCO’s may apply to all public 

land which is open to the air and to which the public are 

entitled or permitted to have access (with or without 

payment). There are exemptions which apply to certain 

types of land including Forestry Commission controlled 

land. 


Section 59 allows Authorised Officers of Primary and 

Secondary Authorities, or any other person authorised in 

writing by the authority, to issue a Fixed Penalty Notice 

offering members of the public an opportunity to 

discharge any liability for offences under a Dog 

Control Order. 

Section 60 enables a Primary or Secondary Authority to 

specify the amount of fixed penalty in relation to their 

own DCO’s (the range, which is £50-80, is specified in the 

Fixed Penalty (Miscellaneous Provisions) Regulations 

2006). Authorities are also able to allow for the payment 

of a lesser amount if the fine is paid within a specified 

time period. Where no amount is specified at the local 

level, the penalty is 

set at £75. 

DOG FOULING 

It is intended that dog fouling offences are not applicable 

to working dogs and guide dogs, although other types of 

offences can apply under certain circumstances. 

Local authorities taking action 

Between November 2003 and March 2004, 1,376 penalties 

were handed to owners who allowed their dogs to foul 

(71% of which have been paid) while 96 people went 

before the courts. Over a third of those fines were made 

by councils in the North West, with Yorkshire handing 

out 209. 

21



If individuals wish to take action against a dog owner who 

has not cleaned up after their dog they should note the 

details of the offence as soon as possible. Details should 

include the name and address of the person in charge of 

the dog, a description of the dog, and details of the date, 

time and place. They should then contact their local 

authority and ask for details of its dog control 

procedures. It is important to describe clearly the place 

being fouled to find out what regulations cover that area. 

DOG FOULING 

What are the health risks associated with 

dog fouling 

Dog faeces carry harmful infections, the most widely 

known being toxocariasis. Human toxocariasis is 

potentially a serious infection which can come from 

having contact with dog faeces that are carrying the 

parasite. The parasite can only infect humans if 

swallowed. Once swallowed the infection can last 

between six and 24 months. Frequently the means of 

infection is from the hands, but it can also be from 

contact with the dogs themselves or through inanimate 

objects such as wheels of toys, soles of shoes, etc. 

Many infected soil samples are found in children’s play 

areas and in the streets, and as a result of this, 

toxocariasis is mainly found in children between 18 

months and five years. Eye disorders are the most 

commonly reported complaint associated with 

toxocariasis, while other symptoms are vague aches, 

dizziness, nausea, asthma and epileptic fits. 

How can these health risks be avoided 

Toxocara eggs are not infectious until they mature, which 

usually takes at least 2–3 weeks after they have been 

deposited by a dog. Dog faeces will only contaminate the 

soil when it has been left on the ground for this period of 

time, so if owners immediately cleaned up 

after their dog the threat of toxocariasis would be 

virtually eradicated. 

22

What is the best way to clean up after a dog 

The best way is to use a doggy bag, or a carrier bag, to 

pick up the faeces. Ideally this should then be placed in a 

designated dog bin. If this is not possible, the bag should 

be taken home and placed in an outside bin, or as a last 

resort, the faeces should be double wrapped and put in a 

normal litter bin. Poop scoops can also be used and are 

available from most pet stores. 


What about other animals 

Local authorities may have powers under Part III of the 

Environmental Protection Act 1990 to tackle the problem 

of fouling by animals other than dogs (such as cats or 

horses). They can take action against 'any animal kept in 

such a place or a manner as to be prejudicial to health or 

nuisance'. However, it is for a local authority's 

Environmental Health Officer to decide whether there is a 

'Statutory Nuisance' occurring in a particular situation. If 

the authority decides that this is the case it must serve 

an Abatement Notice on the person responsible or the 

owner or occupier of the premises. Failure to comply with 

an Abatement Notice without reasonable cause may 

result in substantial fines. 

DOG FOULING 

After dogs, the most common complaint is levelled at 

cats (although this is relatively rare). There is not 

sufficient evidence of widespread nuisance from cats to 

suggest that special legislative controls are necessary. 

Risks associated with cat fouling can usually be 

controlled locally. Cats can be deterred from leaving 

faeces in gardens through the use of 'pepper dust' or by 

blocking off of favourite cat-entry routes (e.g. under the 

gate) with netting. 

ENCAMS work on dog fouling 

ENCAMS research shows that approximately 226,000 

members of the public complain to their local council 

about dog fouling each year. Because of this ENCAMS 

decided to focus one of its campaigns for 2002/2003 on 

trying to combat the problem of dog fouling. The aim of 

the campaign was to change the behaviour of 

irresponsible dog owners, and reduce dog fouling by 20%. 

23


ENCAMS produced a series of hard-hitting posters which 

were displayed on 1,500 bus shelter sites along routes 

commonly used by dog walkers, particularly around 

parks. The posters highlighted the health hazards 

associated with dog mess and promoted a simple ‘Bag It, 

Tie It, Bin It’ message. Smaller posters with more 

information were sent to 3,000 veterinary surgeries in the 

UK, as well as to local authorities, who displayed them on 

public noticeboards. Organisations involved in the dog 

industry, such as the Kennel Club and Pets at Home, also 

helped to endorse the campaign. 

As part of the campaign a dog fouling brochure was 

produced as a point of reference for the public, containing 

all the information needed on the subject of dog fouling. 

The brochures and posters are available from ENCAMS 

and can be ordered, free, from its website. 

DOG FOULING 


ENCAMS 


Tel: 01942 612 621 Fax: 01942 824 778 



The Good Dog Campaign 

1 Bedford Avenue, London, WC1B 3AU 

Tel: 0207 255 5415 

www.ndwa.co.uk 

Community Hygiene Concern 

6-9 Manor Gardens, London, N7 6LA 

Tel: 0207 686 4321 

www.chc.org 

Provides information, advice and research on toxocara. 

The Pet Health Council 

1 Bedford Avenue, London, WC1B 3AU 

Tel: 0207 255 5454 

www.pethealthcouncil.co.uk 

Information can be provided on worming, training and 

choosing a dog. 

24

National Playing Fields Association 

Stanley House, St Chads Place, London, WC1X 9HH 

Tel: 0207 833 5360 

www.npfa.co.uk 

Publishes ‘Taking the Lead’ which gives guidance on 

good practice for dog fouling control managers of 

recreation spaces. 



Nobel House, 17 Smith Square, London, SW1P 3JR 

Tel: 0845 933 5577 


Relevant leaflets are available. 

Dogs Trust 

17 Wakeley Street, London, EC1V 7RQ 

Tel: 0207 837 0006 

www.dogstrust.org.uk 

Produces cartoon style posters and a fouling fact sheet 

for dog owners. 

Kennel Club 

1 Clarges Street, London, W1J 8AB 

Tel: 0870 606 6750 

www.the-kennel-club.org.uk 

A ‘Good Citizen Dog Scheme’ is available to train dog 

owners about their responsibilities. 

DOG FOULING 

RSPCA 

Wilberforce Way, Southwater, Horsham, 

West Sussex, RH13 9RS 

Tel: 0870 333 5999 

www.rspca.org.uk 

25

WASTE - DOMESTIC & BUSINESS 


What is domestic/household waste 

Household waste includes: 

• Waste from regular household sources - waste 

collected by refuse collection vehicles; 

• Waste from other household sources - e.g. separate 

collections from households of bulky wastes, clinical 

waste etc.; 

• Waste that goes to civic amenity sites (i.e. the 

local tip); 

• Waste collected for recycling or composting. 

Households in the UK produce more than 30 million 

tonnes of waste every year with the most common types 

of household waste being paper and card, compostable 

wastes and glass. 

What is the cost of domestic waste 

Although industrial and commercial activity produces far 

more waste than individual households do, managing 

household waste still costs local authorities a significant 

amount of money. The estimated cost of waste 

management to local authorities is well over £1.3 bn a 

year. 

WASTE 

Who is responsible for domestic waste 


• Section 45 EPA 1990 states that waste collection 

authorities (i.e. the local authority, or where there is a 

two-tier structure, the district council) must arrange 

for the collection of household waste in its area. 

The only exception to this is waste: 

a.which is situated at a place that in the opinion of the 

authority is so isolated or inaccessible that the cost of 

collecting it would be unreasonably high, 

b.which the authority is satisfied that adequate 

arrangements for its disposal have been or can 

reasonably be expected to be made by a person who 

controls the waste. 

27


Individuals 

• Under the EPA 1990 the public may be required to place 

their waste in the receptacles provided by the local 

authority (otherwise the local authority may refuse to 

collect it, or they can require householders to use 

specified containers by Order). 

• The Waste (Household Waste Duty of Care) (England 

and Wales) Regulations 2005 (SI2900), which came into 

force on 21 November 2005, ammended s.34 EPA 1990 

to require an occupier of any domestic property in 

England to take reasonable measures to make sure that 

household waste produced on the property is only 

passed to an authorised person. However there are no 

requirements for householders to retain any 

documentation. 

WASTE 

What is business waste 

Business waste can be anything that commerce or 

industry produces that they want or need to have removed. 

This includes materials destined for further use. It is 

estimated that 180 million tonnes of waste are produced 

by commerce and industry each year. 

What is controlled waste 

All household, commercial and industrial waste is 

controlled waste and it must be monitored throughout its 

disposal process. Businesses must hold a licence to have 

their waste removed; waste carriers must be licensed to 

carry that particular type of waste; and disposal sites must 

be licensed to dispose of that waste. Ignorance of the need 

for a licence is not a defence. Householders must ensure 

waste carriers are registered, failure to do so could result 

in a fine. 

28

Who is responsible for business waste 


• Local authorities can pick up business waste and can 

also prosecute for fly-tipping. 


Businesses 

• Under the EPA 1990, s.34 and the Waste Management 

Duty of Care Code of Practice, any person creating 

waste has a legal responsibility to ensure that waste is 

kept safe, stored appropriately and disposed of properly. 

• Businesses must take care to dispose of some 

particular waste, such as tyres, oil or batteries, 

carefully, recycling where possible, and not disposing 

of them amongst standard waste. 

Environment Agency 

• The Environment Agency can prosecute businesses for 

fly-tipping their waste and can demand to see waste 

licence documents. 

What are the laws relating to business waste 


This section establishes criminal offences for: 

WASTE 

• Depositing controlled waste in or on land unless in 

accordance with a waste management licence; 

• Treating, keeping or disposing of directive waste by 

means of directive disposal or recovery options unless 

in accordance with a waste management licence; 

• Treating, keeping or disposing of directive waste in a 

manner likely to cause pollution or harm to 

human health; 

• Knowingly causing or knowingly permitting the first 

two of the above offences. 

Environmental Protection Act 1990, s.34(1)(b) 

It is the legal duty of any person producing, keeping or 

disposing of controlled waste to prevent the escape of 

waste from their control. This means that businesses must 

package waste in suitable containers so that it cannot 

escape in any way. 

29


Environmental Protection Act 1990, s.34(1)(c) 

Any person requiring the removal of waste must ensure 

that the person removing it is either from a local 

authority or a licensed waste collection company. 

It is a legal requirement to provide a written description 

of the waste to the person who removes it. A transfer 

note must also be filled in and signed by both persons 

involved in the transfer. This should indicate the quantity 

and type of materials in the waste. 

The composition of the waste or the activity that produces 

it may also be necessary as part of the description. 

Repeated transfer of the same kind of waste can be 

covered by one transfer note for up to a year. 

WASTE 

Any unexpected or unusual additions to the waste must 

be notified to the waste remover so that they can dispose 

of it in an appropriate way. If the waste being produced is 

hazardous, such as chemicals or drugs, it is a legal 

requirement to ensure that the person removing the 

waste is aware of the potential risks and can dispose of 

the waste properly. The Duty of Care on Waste Code of 

Practice explains this more fully and further information 

can be found via http://www.environment-agency.gov.uk 

Environmental Protection Act 1990, s.47(2) 

The local authority can specify the type and number of 

waste receptacles needed to contain commercial waste 

and avoid nuisance to others. Fines for not complying are 

up to £1,000, or a Fixed Penalty Notice may be issued. 

Environmental Protection Act 1990, s.93(1) & s.94(4) 

If there is a litter problem related to particular kinds of 

commercial premises, such as takeaway restaurants, 

cinemas, sports centres etc., then the local authority has 

powers to serve Street Litter Control Notices. 

The local authority has the powers to require businesses 

to clean the area in front of their premises, provide and 

empty bins and do anything else which may be necessary 

to remove litter (or badly stored waste which 

creates litter). 

30

What are the waste law penalties 

Breach of the EPA 1990 regulations is a criminal act. 

Breach of s.33 carries a maximum fine on summary 

conviction of £50,000 and/or imprisonment for up to 12 

months, or for conviction on indictment an unlimited fine 

and imprisonment for up to five years for offences 

involving both hazardous and non-hazardous waste. 


Failure to comply with the Duty of Care (s.34) carries a 

maximum fine on summary conviction of £5,000, or if 

convicted on indictment, an unlimited fine. 

Breaching s.35 EPA 1990 by making false statements in 

support of an application for a waste management 

licence, carries a statutory maximum penalty of £5,000. 

Failing to meet licence conditions is an offence under 

s.33(6) and can result in a £50,000 fine in the Magistrates 

Court or unlimited fine in the Crown Court. 

Illegal disposal of any waste now carries an unlimited 

fine and imprisonment for up to five years if convicted on 

indictment (under s.33 EPA 1990). 

Breaching the Control of Pollution (Amendment) Act 1989 

by carrying controlled waste without registration is a 

summary offence with a maximum fine of £5,000. 

WASTE 

Failure to produce waste carrier registration details is 

subject to a Fixed Penalty Notice of £300 (or any other 

amount specified by an Appropriate Person) under the 

Control of Pollution (Amendment) Act 1989 as amended 

by the CNEA 2005. 

31


WASTE 

What can individuals do about 

business waste 

Members of the public should report nuisance waste 

from businesses to the local authority, which has a legal 

duty to deal with the problem (in relation to certain types 

of land to which the public has access). If individuals feel 

that the local authority has not responded to their 

complaint, they can apply to the Magistrates’ Court for a 

Litter Abatement Order under s.91 EPA 1990. Noncompliance 

with this order can lead to prosecution by a 

local authority or the Environment Agency. 

Disposal of hazardous waste 

There are certain items of waste that are liable to special 

disposal regulations. For the disposal of fridges and 

freezers, for example, there are specific guidelines that 

must be followed. Legally all ozone-depleting substances 

(ODS) (including CFCs and HCFCs) must be removed from 

refrigeration equipment before it is scrapped. This 

includes ODS in the cooling system of the refrigerator 

and the insulating foam inside the walls and door. It is the 

local authority’s responsibility to ensure that all ODS are 

removed from a fridge or freezer before disposal. The 

local authority is obliged to provide a collection service 

for bulky items, although it can charge a collection fee. 

Alternatively, individuals can take their appliance to the 

local civic amenity site (tip) for disposal free of charge. 

This will ensure that the old appliance is disposed of 

safely. If local traders offer to collect and dispose of 

appliances, owners must check that they intend to 

dispose of them in accordance with the law (see s.34 EPA 

1990). 

There are also special regulations for the disposal of 

tyres. Tyres must be collected by a registered waste 

carrier, and it is the legal duty of the person disposing of 

the tyres to check the carrier’s registration. All waste 

tyres must be taken to an authorised facility and a waste 

transfer note must be in force for every transfer of waste 

tyres. It is essential that copies of all waste transfer notes 

be retained for at least two years. Failure to comply with 

these regulations is a criminal offence. 

32

Action will be taken to prosecute those found using 

unauthorised channels and illegally dumping tyres, 

and those convicted of such an offence may be fined 

or imprisoned. 


Special regulations also affect the disposal of Waste 

Electrical and Electronic Equipment (WEEE). From 

January 2006 private householders can return such 

equipment to collection facilities free of charge, and 

producers (manufacturers, sellers and distributors) will 

be responsible for financing the collection, treatment, 

recovery and disposal of WEEE from private households 

deposited at these collection facilities. These changes in 

the law arise from the European Waste Electrical and 

Electronic Equipment (WEEE) Directive (2002/96/EC). 

What action has ENCAMS taken on waste 

ENCAMS has produced a free guide for businesses called 

Your Rubbish and the Law, available through the ENCAMS 

website www.encams.org. Campaigning on waste issues 

comes under the remit of WRAP (Waste and Resources 

Action Programme) which is a government funded body. 


ENCAMS 


Tel: 01942 612 621 Fax: 01942 824 778 



Copies of ‘Your Rubbish and the Law’ are available free of 

charge from ENCAMS. 

WASTE 



Tel: 0207 944 6312 





Tel: 01604 620 426 

www.ciwm.co.uk 

33


The Environment Agency 

Rio House, Waterside Drive, Aztec West, Almondsbury, 

Bristol, BS32 4UD 

Tel: 08708 506506 

www.environment-agency.gov.uk 

Waste Watch 

55-64 Leonard Street, London, EC2A 4JX 

Tel: 0207 549 0300 

www.wastewatch.org.uk 

The Environmental Services Association 

154 Buckingham Palace Road, London, SW1W 9TR 

Tel: 0207 824 8882 

www.esauk.org 

Envirowise 

Environment and Energy Helpline 

Tel: 0800 585794 

www.envirowise.gov.uk 

WASTE 

Waste Resources Action Partnership (WRAP) 

The Old Academy, 21 Horse Fair, Banbury, 

Oxon, OX16 0AH 

Tel: 0808 100 20 40 

www.wrap.org.uk 

34

FLY-TIPPING 


What is fly-tipping 

Fly-tipping is defined as ‘the illegal deposit of any waste 

onto land i.e. waste dumped or tipped on a site with no 

licence to accept waste’. Waste includes: general 

household waste; larger domestic items including fridges 

and mattresses; garden refuse; and commercial waste 

such as builders’ rubble, clinical waste and tyres. 

Such waste is counted as a fly-tip if it is too large to be 

removed by a normal hand-sweeping barrow. 

What are the responsibilities relating to 

fly-tipping 

Everyone 

• Has a duty to dispose of waste properly (only holders 

of a Waste Management Licence can recover, 

transport, deposit or dispose of waste). 

• Has a duty not to let others fly-tip on their land. 

Waste Carriers 

• Have a duty to provide a written description of waste 

whenever any is transferred. 

FLY-TIPPING 

• Have a duty to provide evidence of their registration as 

waste carriers, and records of waste. 

• Have a duty to ensure that disposal sites are 

registered as such. 

• Have a duty to ensure the vehicles used for the transit 

of waste comply with specific conditions. 


• Have a duty to keep relevant land clear of litter and 

refuse. This means that they often clear smaller scale 

fly-tipping incidents. The Environment Agency deals 

with the larger scale, more serious incidents. (For 

further information, search for ‘fly-tipping protocol’ on 


• Must report fly-tipping levels to Government as part of 

the corporate reporting system (BV199). Details of 

fly-tipping levels across the country are compiled and 

35


are available through the Flycapture database (see 

Further Information & Contacts section for details). 


• Has an agreement with the Local Government 

Association to deal with certain fly-tips depending on 

the nature, location and quantity of waste. See 

Environment Agency website for further information 

www.environment-agency.gov.uk. 

What are the problems caused by fly-tipping 

Fly-tipping is a problem because: 

• Uncontrolled waste disposal can present a hazard to 

the public e.g. drums of toxic waste, asbestos 

sheeting, syringes and used drugs. 

• Depending on the nature of the waste and its location, 

there can be damage to watercourses, or to underlying 

soil quality. 

• Fly-tipped material looks unsightly and this can 

damage inward investment into an area. 

FLY-TIPPING 

• Cleaning up fly-tipping costs taxpayers in money 

and time. 

• Fly-tipping undermines legitimate waste management 

activities; licensed operators have to charge more 

because they have invested in training, infrastructure 

and documentation to comply with the legislation. 

• More than 100,000 trolleys go astray from 

supermarkets each year. Many end up obstructing 

paths, spoiling beauty spots or polluting rivers and 

ponds. Dealing with abandoned shopping trolleys costs 

local authorities approximately £5m per year. Local 

authorities can, however, collect abandoned shopping 

or luggage trolleys in their area and charge to return 

them to the owner. 

Under the EPA 1990 (Schedule 4) local authorities have 

been able to seize, store and dispose of abandoned 

shopping trolleys. The CNEA 2005 amends schedule 4 

to better enable them to reclaim their costs from 

the owner. 

36

• Illegal dumping can often involve hazardous wastes, 

which can cause serious harm to human health or 

pollute the environment. 


What are the costs of fly-tipping 

Over one million incidents of fly-tipping were recorded on 

the Flycapture database in 2004/2005, (an average of over 

88,500 a month) costing local authorities in excess of 

£44m to clear up. Not all fly-tips are recorded however, 

so the real cost of the problem could therefore be well in 

excess of £100m. A large number of these incidents are 

single black bin bags that have been fly-tipped, or left 

out, outside the relevant collection times required by the 

local authority. It is estimated that the clear up and 

disposal cost of single items is costing authorities around 

£9.2m a year. However a single bag, if left, would attract 

other waste/litter and problems associated with rats, 

foxes and gulls. 

What are the fly-tipping laws 

Control of Pollution (Amendment) Act 1989 

Sets out the need for waste carriers to register with the 

Environment Agency and gives the Agency and authorised 

officers of a Waste Collection Authority power to seize 

vehicles used for fly-tipping. 

FLY-TIPPING 

Anti-Social Behaviour Act 2003 

Subsections of this Act amend the Control of Pollution 

(Amendment) Act 1989 to give waste collection 

authorities in England and Wales the powers to stop, 

search and (after issue of a warrant) seize a vehicle they 

suspect of being used for the unlawful deposit of waste. 

Environmental Protection Act 1990, s.33 (Part II) 

A fly-tipping offence has been committed if: 

• A person has deposited/knowingly caused/knowingly 

permitted the dumping of household, commercial or 

industrial waste in or on land that does not have a 

waste management licence or that is not in 

accordance with a waste management licence. 

37


• A person has treated, kept or disposed of household, 

commercial or industrial waste in or on land that does 

not have a waste management licence or that is not in 

accordance with the licence. 

Environmental Protection Act 1990, updated by the 

Clean Neighbourhoods and Environment Act 2005: 

Defence of acting under employer's instructions 

The Clean Neighbourhoods and Environment Act 2005 

(the 2005 Act) has amended s.33 of the Environmental 

Protection Act 1990 (the 1990 Act) so as to remove the 

defence of acting under an employer's instructions. 

FLY-TIPPING 

Section 33 Penalties on conviction 

The 2005 Act has also amended the penalties available 

for offences under s.33 of the 1990 Act. It increases the 

maximum available fine on summary conviction for the 

illegal disposal of waste from £20,000 to £50,000 and 

raises the maximum term of imprisonment on conviction 

on indictment for non-hazardous waste offences to five 

years (the same as is already applied for offences 

involving hazardous waste). 

Section 33A Investigation and enforcement costs 

The 2005 Act inserts a new section 33A into the 1990 Act. 

Section 33A applies where a person is convicted of an 

offence under s.33 and enables the court to make an 

order requiring the offender to pay the enforcing 

authorities' investigation and enforcement costs, and any 

costs associated with seizure of vehicles involved in the 

offence. In this section, the enforcement authorities are 

defined as the Environment Agency and Waste Collection 

Authorities. 

Section 33B Clean-up costs 

This new section applies where a person has been 

convicted of a fly-tipping offence under s.33 of the 1990 

Act. It enables the court to make an order requiring the 

offender to pay to either the Environment Agency or a 

Waste Collection Authority or the occupier of land or the 

owner of land, any costs incurred by them in removing 

waste that has been illegally deposited or disposed of in 

or on the land, or in taking steps to eliminate or reduce 

the consequences of the deposit or both. 

38

Section 33C Forfeiture of vehicles 

The 2005 Act also added this section, which applies 

where a person has been convicted of an offence 

involving contravention of s.33 of the 1990 Act. It enables 

the court to make an order to deprive the offender of his 

rights to a vehicle (and its contents) if the court is 

satisfied that the vehicle was used in or for the purpose 

of the commission of the offence. 


Environmental Protection Act 1990, s.34 (Part II) 

A ‘waste holder’ (any person who imports, produces, 

carries, keeps, treats or disposes of controlled waste or, 

as a broker, has control of such waste) is under a ‘duty of 

care’ with regard to that waste and it is an offence if he 

fails to take all reasonable measures to: 

• prevent another person from committing an offence 

under s.33 EPA 1990; 

• prevent the escape of the waste from his or another 

person’s control; and to transfer the waste to an 

authorised person or to any person for authorised 

transport purposes and to provide that person with a 

written description of the waste. 

FLY-TIPPING 


Provides powers for Waste Regulation Authorities and 

Waste Collection Authorities to require the removal of 

waste unlawfully and knowingly deposited. Costs can 

be reclaimed. 

What are the penalties for fly-tipping 

Waste can be deposited only at officially authorised sites. 

Anyone fly-tipping waste is committing a serious offence. 

Fines are up to £50,000 and/or an offender can be sent to 

prison for up to 12 months if convicted in a Magistrates’ 

Court. Fines are unlimited if indicted to the Crown Court, 

and prison sentences can be up to five years. Where flytipping 

involves the use of a vehicle, the driver can be 

prosecuted, as can the person who owns the vehicle. 

39


If rubbish is fly-tipped on private land, the Environment 

Agency or the Waste Collection Authority (the local 

authority) may serve a notice on the occupier requiring 

him to remove the waste and/or eliminate or reduce the 

consequences of the deposit. It is an offence not to 

comply with this notice and the land occupier has 21 days 

to appeal to the Magistrates’ Court before the waste must 

be removed. If the appeal fails and the waste is still not 

removed the local authority has the power to remove the 

waste and recover costs from the land occupier or those 

responsible for fly-tipping the waste, if they can be 

traced. If there is no occupier of the land or the fly-tipper 

cannot be traced, the local authority or the Environment 

Agency have the power to remove the fly-tipping. 

This power can only be used if the occupier knowingly 

caused or permitted the fly-tipping to take place. 

FLY-TIPPING 

Catching fly-tippers and proving the case in court can be 

very difficult and the number of prosecutions does not 

reflect the amount of fly-tipping that is taking place. 

In 2001 the Environment Agency responded to nearly 

4,000 incidents of fly-tipping but there were only around 

200 prosecutions for the offence in the same year. In 

2003/2004 the Environment Agency won 174 successful 

prosecutions against fly-tippers. 

How can the public report fly-tipping 

Fly-tipping should be reported to the local authority or to 

the Environment Agency’s fly-tipping hotline number, 

0800 807060. 

If an individual witnesses fly-tipping taking place they 

should report it to the local authority or the Environment 

Agency with exact details, including: 

• The date, day and time that the fly-tipping occurred 

(and when it stopped); 

• A description of what was tipped and how much 

was tipped; 

• What happened – how many people were involved, 

what did they look like, what did they do, was there a 

vehicle involved If so what were the vehicle details; 

40

• Did anyone else witness the fly-tipping; 

• Where the tipping occurred, what kind of view the 

witness had and what the weather was like, was it 

light or dark 


Individuals should be aware that they will be asked if they 

will act as a witness in court. They can offer information 

anonymously but giving their details and being willing to 

act as a witness in court will increase the likelihood 

of prosecution. 

What action has ENCAMS taken 

In 2003 Keep Britain Tidy ran a high profile campaign to 

reduce fly-tipping in both urban and rural areas by 

triggering feelings of fear amongst fly-tippers that 

members of the public were being encouraged to report 

fly-tipping. The campaign also aimed to inform and 

educate the public on what they should do with 

their waste. 

High profile national advertising, backed by a ‘tip off’ 

telephone hotline, formed the basis for the campaign. 

Just under 2,000 bus back advertisements were displayed 

on urban fringe bus routes, in addition to billboard 

posters in key cities in all English regions and Northern 

Ireland. A total of 15,000 A3 size posters aimed at local 

authorities were also available free of charge via 

the website. 

FLY-TIPPING 

The campaign proved to be extremely successful, 

receiving extensive coverage by BBC television and radio 

as well as the national press. Its success was measured 

by the number of calls received by the dedicated hotline - 

a total of 806 throughout the campaign. Eighty per cent of 

these calls reported actual fly-tipping incidences and 215 

calls were felt substantial enough to be pursued further 

either by the local authority or the Environment Agency. 

ENCAMS and the Environment Agency have also worked 

with local authorities across the country to carry out 

‘Operation Cleansweep’ - involving the stop and search 

of vehicles to catch out unregistered waste carriers, 

potential fly-tippers, unlicensed vehicles and other 

illegal activities. 

41



ENCAMS 


Tel: 01942 612 621 Fax: 01942 824 778 

email: enquiries@encams.org 


The Environment Agency 

Rio House, Waterside Drive, Aztec West, 

Almondsbury, Bristol, BS32 4UD 

Tel: 08708 506506 





Tel: 01604 620 426 

www.ciwm.org.uk 

FLY-TIPPING 



Tel: 0845 933 5577 

www.defra.gov.uk/environment/localenv/flytipping 

Local Government Association 

Local Government Association House, Smith Square, 

London, SW1P 3HZ 

Tel: 0207 664 3131 

www.lga.gov.uk 

Waste Watch 

56-64 Leonard Street, London, EC2A 4JX 

Tel: 0207 549 0300 

Email: info@wastewatch.org.uk 

www.wastewatch.org.uk 

42

ABANDONED & NUISANCE VEHICLES 


What is an abandoned vehicle 

A vehicle is abandoned ‘where it appears to a local 

authority that a motor vehicle is abandoned without 

lawful authority...’ (Refuse Disposal (Amenity) Act 1978). 

What is a nuisance vehicle 

Nuisance vehicles are those that have no registered 

keeper, or are abandoned, not displaying a current tax 

disk, causing a nuisance or being detrimental to the 

amenity of an area. 

Under the CNEA 2005, nuisance vehicles also include two 

or more vehicles parked on a street in order to be sold or 

repaired by a garage or other business. 

What are the costs of abandoned vehicles 

The annual cost to the country to remove abandoned 

vehicles is in the region of £20m. In 2003 over half a 

million people complained to their council about the 

problem of abandoned vehicles – with some councils 

spending as much as £80,000 a year on the problem. 

ABANDONED 

VEHICLES 

How can you tell if a vehicle is abandoned 

It is not always easy to know if a vehicle is abandoned but 

the following points should allow a reasoned judgement 

to be made: 

• Is the vehicle taxed (This should not be the sole 

consideration.) 

• Are the tyres flat 

• Is there any litter, weeds, etc. under the vehicle 

indicating that it has not been moved for some time 

• Are the brake discs rusty 

• Is the windscreen or any of the windows broken 

• Is mould present on either the inside or the outside of 

the vehicle 

43


• Does the vehicle contain items of waste, 

for example tyres 

• Does the vehicle have a number plate 

• Do local householders, businesses, councillors or 

the police know how long the vehicle has been there 

and do they have any knowledge of who 

owned/abandoned it 

Responsibilities and powers 


• Where the local authority is also the relevant Waste 

Collection Authority it is its responsibility to remove 

abandoned and nuisance vehicles in conjunction with 

the police and the Driver and Vehicle Licensing Agency 

(DVLA). This therefore applies to district and unitary 

councils, but not county councils 

ABANDONED 

VEHICLES 

• Local Planning Authorities have the power to serve a 

notice in cases where there are activities detrimental 

to the amenity of the area. However, this is a lengthy 

process and is not often used (Town and Country 

Planning Act 1990, s.215). 

Highways Authority 

• Has the power to give notice to remove anything from 

the highway that may cause a nuisance (Highways Act 

1980, s.149 [1 and 2]) 

• Has the power to remove anything from the highway 

that may constitute a danger, including items that 

would obstruct the view of other highway users such 

as vehicles (Highways Act 1980, s.149 [1 and 2]) 

Police 

• A police constable has the power to remove any 

vehicle on a road or on any land that appears to have 

been abandoned without lawful authority (Removal, 

Storage and Disposal of Vehicle Regulations 1986) 

Individuals 

• Should dispose of cars responsibly, e.g. to a registered 

Authorised Treatment Facility or to the local authority 

44

What action can local authorities and 

others take 

Abandoned vehicles 

Clean Neighbourhoods and Environment Act 2005, s.10 

Inserts ss.2A B and C into the Refuse Disposal (Amenity) 

Act 1978 giving authorised officers of a local authority 

power to issue Fixed Penalty Notices in respect of an 

offence of abandoning a vehicle. The sum is set at £200 

and local authorities may retain the receipts. 


Enables local authorities to immediately remove all 

abandoned vehicles on a road. This will include roads 

running through housing estates to which the public have 

access. The 15 day notice will remain on private land. 

Enables local authorities to immediately destroy vehicles 

that are only fit for destruction (without waiting for the 

expiration of a valid licence as under the Refuse and 

Disposal (Amenity) Act 1978). 

Enables local authorities to immediately dispose of 

vehicles where neither a registration mark (plate) is 

shown nor a current licence displayed. Without that 

information it is considered unreasonable to expect the 

authority to trace the owner. 

ABANDONED 

VEHICLES 

Other Powers 

Some local authorities have devolved DVLA powers to 

remove untaxed vehicles. 

Nuisance vehicles 

Clean Neighbourhoods and Environment Act 2005, s.3 

Section 3 makes it an offence for a person to park motor 

vehicles on a road or roads, where the vehicles are 

parked merely in order to be sold. There must be two or 

more vehicles within 500 metres of each other for the 

offence to be committed. 

45


Highways Act 1980, s.149 [1 and 2] 

The Highway Authority has the power to give notice to 

remove anything from the highway that may cause a 

nuisance. The Highway Authority also has the power to 

remove anything from the highway that may constitute a 

danger, including items that would obstruct the view of 

other highway users such as a vehicle. 

Removal, Storage and Disposal 

of Vehicle Regulations 1986 

The Police have the power to remove any vehicle on a 

road or on any land that appears to have been abandoned 

without lawful authority. 


abandoned vehicles 

If individuals suspect that a vehicle has been abandoned 

they should contact their local authority. Exact details of 

the vehicle, its location and how long it has been there 

should be reported. 

ABANDONED 

VEHICLES 

Untaxed vehicles should be reported to the DVLA in the 

first instance who will take enforcement steps, through 

the local authority in some cases. 

What action has ENCAMS taken on 

abandoned vehicles 

In January 2005 all English local authorities were invited 

to take part in a two week amnesty. During this period, 

participating councils offered a free collection and 

disposal service to all members of the public in their 

district who had a vehicle that had reached the end of its 

life and that they no longer needed. Posters were offered 

free of charge to all councils taking part to help promote 

the scheme. The posters, entitled ‘Rust In Peace’ were 

aimed at 17–35 year old males. They were designed 

specifically for display in MOT centres and garages. 

46

The results of the campaign far exceeded expectation, 

with 196 councils offering a free collection service. An 

estimated 10,123 cars were surrendered during the 

amnesty. Of councils who already had a surrender 

service, 80% thought the numbers had increased as a 

result of the campaign, and 88% of participating councils 

hailed the amnesty a success. 


ENCAMS also produces a leaflet for the public on 

nuisance and abandoned vehicles. This can be ordered 

through the website at www.encams.org 

Operation Scrap-It 

The Association of London Government, on behalf of all 

the London Boroughs, worked jointly with the Home 

Office to run Operation Scrap-It, a London-wide campaign 

operating a free take-back service, and removing and 

disposing of vehicles. It was resolved that from October 

2004 all London councils should: 

• Clear abandoned and untaxed vehicles from the 

capital’s streets within 72 hours of being reported by a 

member of the public; 

• Crush any untaxed and unregistered vehicles found on 

their borough roads. 

ABANDONED 

VEHICLES 

47



ENCAMS 


Tel: 01942 612 621 Fax: 01942 824 778 






Tel: 01604 620 426 

www.ciwm.org.uk 


Nobel House, 17 Smith Square, London, SW1P 3HX 

Tel: 0845 933 5577 


ABANDONED 

VEHICLES 

Driver and Vehicle Licensing Agency (DVLA) 

Longview Road, Swansea, SA6 7JL 

Tel: 01792 782 341 

www.dvla.gov.uk 

Operation Scrap-It 

Association of London Government 

Tel: 0207 747 4822 

email: scrap-it@alg.gov.uk 

www.alg.gov.uk/scrap-it 

Flycapture Database 

www.defra.gov.uk/environment/localenv/flytipping 

48

FLYPOSTING 


What is flyposting 

Flyposting is generally taken to be the display of 

advertising material (posters, stickers etc.) on buildings 

and street furniture without the consent of the owner 

contrary to the provisions of the the Town and Country 

Planning (Control of Advertisements) Regulations 1992’. 

What’s the problem with flyposting 

Flyposting is unsightly and affects the image of an area. 

According to a recent ENCAMS survey, more than half of 

respondents asked about their local environmental 

quality wanted their local authority to put more resources 

into tackling flyposting. 

What is the cost of flyposting 

The average amount of money spent on cleaning up 

flyposting by a local authority per year is £6,043. 

Responsibilities and powers relating 

to flyposting 

FLYPOSTING 

Land Owners 

• Must ensure advertisements are not displayed on their 

land, to the best of their knowledge, or may face 

prosecution under the Town and Country Planning 

(Control of Advertisement) Regulations 1992 (amended 

1994 and 1999). 

Businesses 

• Must ensure that flyposting does not give publicity to 

their goods, trade or other concerns, to the best of 

their knowledge, or they may face prosecution under 

the Town and Country Planning (Control of 

Advertisement) Regulations 1992 (amended 1994 

and 1999). 

• Anti-Social Behaviour Orders have also been served on 

executives whose companies have been engaged in 

flyposting. 

49



• Can remove any placard or poster displayed in 

contravention of the Advertisements Regulations by 

using the Town and Country Planning Act 1990 (s.225). 

This can be done without notice where the 

placard or poster does not identify the person who 

displayed it, or after at least two days’ notice, where 

this information is given on the poster. 

• Can issue Fixed Penalty Notices of £75 (unless 

otherwise specified) under the Anti-Social Behaviour 

Act 2003 and the CNEA 2005, s.28. Although local 

authorities can set their own Fixed Penalty Notice 

levels this must be within the range set out in 

regulations made by the Secretary of State. 

• Must report on the levels of flyposting in their areas as 

part of their corporate reporting system (BV199c). 

• Can serve Defacement Removal Notices on owners of 

street furniture or other ‘relevant surfaces’ requiring 

them to remove the flyposting. 

FLYPOSTING 

• Section 34 of the CNEA 2005 has amended s.225 

TCPA 1990 to allow local authorities to recover the cost 

of removing posters from those responsible. 

Parish and Town Councils 

• Parish and Town Councils can also issue Fixed Penalty 

Notices for fly posting under ss.43-47 of the 

Anti-social Behaviour Act 2003, as amended by the 

CNEA 2005. The level of the fixed penalty will either 

be the amount set by the local authority or a default of 

£75. Parish Councils do not have the power to set the 

level of the fine themselves, but may allow discounts 

for early payment 

50

Highways Authorities 

• Can remove any picture, letter, sign or other mark 

painted, ascribed or affixed on the surface of the 

highway by using the Highways Act 1980 

(ss.131-134). This provision includes flyposting 

on street furniture and gives authority to remove 

posters without notice. 


What are the laws against flyposting 

Anti-Social Behaviour Act 2003, ss.43-47 

These sections allow authorised officers of local 

authorities, ‘Accredited’ Officers and Community Support 

Officers to issue Fixed Penalty Notices of £75 or other 

amount specified locally between £50 and £80 to those 

people who physically commit ‘minor’ acts of graffiti and 

flyposting (being existing offences in respect of which 

they are already liable for prosecution). 

Anti-Social Behaviour Act 2003, s.53 

This section increased the maximum level of penalty for 

an offence under s.224(3) of the Town and Country 

Planning Act 1990 from £1,000 to £2,500. 

FLYPOSTING 

Police Reform Act 2002 

This authorises Police Community Support Officers and 

accredited persons to issue Fixed Penalty Notices for 

flyposting and graffiti. 


Places a duty on the Secretary of State to make 

regulations restricting the display of advertisements so 

far as it appears to the Secretary of State ‘to be expedient 

in the interests of amenity or public safety.’ Gives power 

to make regulations enabling the Local Planning 

Authority to require removal of advertisements and 

discontinuance of use of the site for display of 

advertisements. 

51



Empowers local authorities to remove or obliterate 

placards or posters that are displayed in contravention of 

the regulations (but not if on a building to which there is 

no public right of access) and to recover the costs of 

doing so from those responsible for the illegal display. 

Highways Act 1980, ss.131-134 

Gives the highway authorities power to remove any 

picture, letter, sign or other mark painted, ascribed or 

affixed on the surface of the highway. 

Anti-social Behaviour Act 2003, ss. 48-52 

Enables a Removal Notice to be issued requiring the 

removal of any poster or flier displayed on a relevant 

surface in contravention of regulations made under s.220 

of the Town and Country Planning Act 1990. 

FLYPOSTING 

Town and Country Planning Act 1990, s.224(3) 

It is an offence for any person to display an advertisement 

in contravention of the Regulations. Authorities may 

prosecute those involved in putting up posters where 

caught ‘red-handed’ but more often action is taken 

against ‘beneficiaries’ - those people/organisations 

whose products are advertised, or in some other way 

derive benefit from having the product advertised. 

The CNEA 2005 has amended the defence in s.224 so that 

someone charged with the offence of displaying an illegal 

advertisement has to prove either that the advertisement 

was displayed without his knowledge; or that he took all 

reasonable steps to prevent the display, or subsequently, 

to secure its removal. This makes it more difficult for the 

beneficiaries of flyposting to avoid prosecution simply by 

claiming that they never consented to the advertisement. 

52

Highways Act 1980, s.132 

It is an offence for any person to paint, or otherwise 

inscribe or affix any picture, letter, sign or other mark 

upon the surface of a highway or upon any tree, structure 

or works on or in a highway, without the consent of the 

highway authority or authorisation under legislation or 

reasonable excuse. Authorities also have the power to 

remove posters without notice. 


What are the flyposting penalties 

Fixed Penalty Notices of £75 (or any other amount 

specified locally between £50 and £80) can be issued by 

local authorities for flyposting offences. 

Flyposting is illegal and those responsible can also be 

prosecuted through the Magistrates’ Courts. Where an 

offence is proven fines of up to £2,500 can be issued and, 

in the case of a continuing offence, £50 for each day 

during which the offence continues after conviction. 

One of the main problems associated with prosecution is 

identifying those parties against whom action can be 

taken. A beneficiary might be the owner or occupier of 

the property on which the advertisement is displayed, or 

the person to whom the advertisement gives publicity for 

goods, trade, business or other concerns. 

Companies involved in flyposting and those using it as a 

medium for advertising often seek to disguise the origin 

of the poster, making it difficult and time-consuming for 

the local authority to track down a beneficiary. 

FLYPOSTING 

53



In 2003 ENCAMS launched a campaign to prevent 

businesses from using flyposting as a way of marketing 

their products and events to the public. The aim of the 

campaign was to get six major companies to cease all 

flyposting activity. The campaign was supported by the 

Chartered Institute of Marketing and the Marketing 

Society. An open-top bus with Keep Britain Tidy staff 

protesting and a Sex Pistols tribute band playing on top 

visited three of the biggest offenders, Sony, EMI and 

Warner. Letters of protest were hand delivered to the 

chief executives of these companies and a further five 

companies received a letter of protest at the same time. 

Following the campaign, five of the targeted companies 

agreed to stop flyposting immediately. Keep Britain Tidy 

continued its campaign against those companies that did 

not respond to the letters, and following action taken by 

some councils national flyposting has decreased across 

the country. 

FLYPOSTING 


ENCAMS 


Tel: 01942 612 621 Fax: 01942 824 778 





Tel: 0207 944 6312 


Office of the Deputy Prime Minister 

Eland House, Bressenden Place, London, SW1E 5DU 

Tel: 0207 944 9645 

www.odpm.gov.uk 

54

GRAFFITI 


What is graffiti 

The term graffiti refers to drawings, patterns, scribbles, 

messages or tags that are painted, written or carved on 

walls and other surfaces. In recent times the craze has 

been for ‘tagging’, the stylised scrawling of names. To 

those whose property is defaced by graffiti, the markings 

are a form of vandalism that is unwelcome, distressing 

and difficult to remove. 

Where can graffiti be found and who 

does it affect 

Graffiti incidences tend to be focused in relatively few 

hotspots, where the problem is intense. However, where 

it does occur it is highly visible and has a great impact on 

the public in their perception of the area. This is 

highlighted in a recent survey in which 77% of Londoners 

listed graffiti as a quality of life concern. The survey also 

showed that graffiti is often in prominent locations, 

having an effect on the perceptions of passers-by. 

GRAFFITI 

What is the cost of graffiti 

The estimated cost of graffiti to the country is over £1bn a 

year. The London Underground alone believes it costs up 

to £10m a year to replace all the glass that is etched with 

graffiti in addition to the £2.5m needed annually to clear 

up other types of graffiti. 

Responsibilities relating to graffiti 


• Should remove graffiti from public buildings, 

monuments and street furniture for which they are 

responsible. (Other items such as telephone boxes, 

bus shelters and electricity boxes are the 

responsibility of the company that has placed them 

there, for example, British Telecom or other 

utility companies.) 

• Must monitor the level of graffiti in their area as part 

of their corporate reporting system (BV199b). 

55


GRAFFITI 

Private Land Owners 

• Although private buildings are not the local authority’s 

responsibility they will often assist the private owners 

with removal. 

What is the law on graffiti 

Fixed Penalty Notices for Graffiti and Flyposting 

(Anti-Social Behaviour Act 2003, ss.43-47, Clean 

Neighbourhoods and Environment Act 2005, ss.28 & 29) 

Sections 43-47 of the Anti-Social Behaviour Act 2003 

allow authorised officers of local authorities, ‘accredited’ 

persons and Community Support Officers, and under the 

CNEA 2005, parish and town councils, to issue Fixed 

Penalty Notices to those people who physically commit 

‘minor’ acts of graffiti and flyposting. Local authorities 

may vary the fixed penalty amount within a range set out 

in regulations made by the Secretary of State, and raises 

the base amount from £50 to £80 where no other amount 

is specified. The 2005 Act extends the definition of an 

“authorised officer” to allow local authorities to authorise 

individuals other than their own employees for the 

purpose of giving notices for particular offences, 

including graffiti and flyposting. 

Whilst parish and town councils are also able to issue 

Fixed Penalty Notices the level of penalty must be set by 

the local authority. 

Defacement Removal Notices 

(Anti-Social Behaviour Act 2003, ss.48-52) 

These sections enable a local authority to serve a 

Defacement Removal Notice on the owners of street 

furniture, statutory undertakers and educational 

institutions whose property is defaced with graffiti that is 

either detrimental to the amenity of the area or offensive. 

If graffiti is not removed within a specified time 

(minimum 28 days), the local authority can intervene and 

clean up the graffiti itself. An appeals process is 

available. 

For further information please visit: 

www.defra.gov.uk/environment/localenv/legislation/index. 

htm 

56

Sale of Aerosol Paint to Children 

(Anti-Social Behaviour Act 2003, s.54) 

This section makes it an offence to sell aerosol spray 

paints to persons aged under 16, with the objective to 

reduce the incidence of criminal damage caused by acts 

of graffiti. Retailers selling spray paints to under-16s 

commit an offence, which carries a level 4 fine. 

Retailers are required to check the age of buyers if there 

is any doubt that they are at least 16 years old. 



The Local Planning Authority has a power to seek 

financial contributions (usually in the context of approving 

application for development) to cover community benefits. 

This could arguably include anti-graffiti initiatives and/or 

unspecified environmental improvements to the area. 


The Local Planning Authority has a power to serve a 

notice specifying steps for remedying the condition of 

land that is adversely affecting the amenity of the area. 

Non-compliance is punishable by a fine. Guidance is 

available from the Office of the Deputy Prime Minister 

(see Further Contacts & Information section). 

GRAFFITI 

What are the penalties for causing graffiti 

Those caught causing graffiti can be prosecuted under 

the Criminal Damage Act 1971. If the damage caused is 

less than £5,000 the maximum fine is £5,000 although 

fines are generally much less than this. Young offenders 

may be given a Community Service Order. Fixed Penalty 

Notice fines can be set by local authorities (within the 

constraint of regulations) but will be £75 when no other 

amount is specified. 

57


What action can local authorities take 

Local authorities are responsible for cleaning up graffiti 

from public property. Some councils have rapid response 

units that will send someone out to clean up graffiti as 

soon as it is reported. Many cleansing units have the 

remit of cleaning up graffiti when they are cleansing 

the streets. 

Protective coatings can be used in locations that are 

vulnerable to graffiti. Most authorities with a graffiti 

problem adopt a combination of deterrent, protective and 

removal methods. Because neither deterrent nor 

protective materials or devices will entirely defeat 

determined graffiti offenders, the main remedy is 

prompt removal. 

GRAFFITI 


Initially individuals should report graffiti to their local 

authority. The council or its contractor will remove graffiti 

from public buildings, street furniture or monuments. It 

should also be able to help where graffiti has appeared 

on private buildings. 


ENCAMS ran a campaign in early 2004 highlighting the 

message that ‘graffiti is not art’ and promoting a zero 

tolerance approach to the issue. This was achieved by 

getting politicians and local authorities to change their 

perspective and policies on graffiti. 

A high profile media campaign was launched to raise 

awareness of the problem and highlight the negative 

impact graffiti has on both communities and businesses 

throughout the UK. National and local media were 

targeted, specifically emphasising the effect this type of 

vandalism has on the perception of an area, its link to 

crime and the part it plays in fear of crime. All Members 

of Parliament were written to asking them to endorse the 

campaign on behalf of the residents and businesses in 

their constituency. 

58

A total of 123 MPs signed up to the campaign. A letter of 

support was received from the MPs offering the following 

endorsement: ‘Graffiti is not art – it’s crime, making our 

neighbourhoods look squalid, damaging people’s property 

and when it’s racist or offensive, it causes fear and 

heartache. On behalf of constituents and all right-minded 

people, I back this campaign and will do all I can to rid 

our community of this problem.’ 



ENCAMS 


Tel: 01942 612 621 Fax: 01942 824 778 



The Home Office 

Direct Communications Unit, 2 Marsham Street, 

London, SW1P 4DF 

Tel: 0870 0001585 

email: public.enquiries@homeoffice.gsi.gov.uk 

www.homeoffice.gov.uk 


Nobel House, 17 Smith Square, London, SW1P 3JR 

Tel: 0207 238 6000 


GRAFFITI 

Office of the Deputy Prime Minister 

Eland House, Bressenden Place, London, SW1E 5DU 

Tel: 0207 944 9645 

www.odpm.gov.uk 

59

NEIGHBOUR NOISE 


What is neighbour noise 

Neighbour noise is generally regarded as unwanted 

sound. It could be too loud, too intrusive or just happen at 

the wrong time or without warning. Any noise emitted 

from premises so as to be prejudicial to health or a 

nuisance is a Statutory Nuisance under the 

Environmental Protection Act 1990. 

Who is responsible for dealing with 

neighbour noise 


• Under Part III EPA 1990 local authorities have a 

duty to take reasonably practicable steps to investigate 

complaints of noise from premises, vehicles, 

machinery or equipment in the street. 

• Local authorities also have the power under the Noise 

Act 1996 to serve a Warning Notice on those believed 

to be exceeding the permitted level of noise at night 

(between 11pm and 7am) in a dwelling, stating that it 

will be an offence if the noise continues above the 

permitted level. Section 84 of the CNEA 2005 extends 

the Noise Act 1996 to licensed premises as of 

October 2006. 

NEIGHBOUR 

NOISE 

• Problems with noise are usually dealt with by the 

Environmental Health Department of a local authority. 

Individuals 

• Should make every effort not to generate 

unreasonable levels of noise. 

• In the event of being disturbed by neighbour noise 

individuals should approach the noise-maker in a 

reasonable manner and if that does not solve the 

problem they should contact their local authority. 

61


NEIGHBOUR 

NOISE 

What are the neighbour noise laws 

Anti-Social Behaviour Act 2003, ss.40 & 41 

These sections give local authorities powers to close 

down premises to prevent noise that is causing a public 

nuisance. The premises covered by this clause are 

licensed premises, such as pubs and clubs. 

Under this clause, local authorities can issue a Closure 

Order requiring the manager to shut the premises for up 

to 24 hours. It makes breach of this order an offence 

liable to three months in prison and/or a fine of up 

to £20,000. 

Anti-Social Behaviour Act 2003, s.42 

This section makes amendments to the Noise Act 1996 

that allows all English and Welsh local authorities to 

issue £100 Fixed Penalty Notices to help control 

night-time domestic noise by removing the adoptive 

nature of the 'Night Noise Offence' regime within the 

Noise Act 1996. It also allows local authorities to retain 

any income from Night Noise Notices for spending on 

qualifying functions. Section 82 of the CNEA 2005 amends 

the Noise Act 1996 to enable local authorities to set the 

level of the Fixed Penalty Notice (between £75 and £110), 

with the default level remaining at £100 where an 

alternative is not set. 

Clean Neighbourhoods and Environment Act 2005, 

ss.69-79 

Allows a local authority to designate Alarm Notification 

Areas where owners or occupiers must notify the 

authority of the details of a ‘key-holder’ for the premises; 

failing to do so can result in a fixed penalty fine of £75. 

Noise Act 1996, s.2 

Gives local authorities a power to investigate complaints 

of night noise from dwellings (and, as of October 2006, 

from licensed premises) and empowers them to serve a 

Warning Notice that the person responsible will commit 

an offence if night noise from a dwelling continues above 

the level specified in the notice. 

62


The Secretary of State and the National Assembly of 

Wales may issue directions in writing specifying the 

maximum level of noise (the permitted level) that may be 

emitted from dwellings and licensed premises between 

11pm and 7am. 


Noise Act 1996, s.8, amended by Clean Neighbourhoods 

and Environment Act 2005, s.82 

Empowers local authorities to issue a Fixed Penalty 

Notice to a person who fails to comply with a warning 

notice issued in respect of night noise from a dwelling 

under s.2(4) of the Noise Act 1996. Local authorities are 

able to set the level of Fixed Penalty Notices (to between 

£75 and £110), with the default level remaining at £100 

where an alternative level is not specified. The level for 

licensed premises, as of October 2006 when s.84 CNEA 

2005 is commenced, will be fixed at £500. 


Empowers local authorities to enter a dwelling from 

which noise exceeding the permitted level specified in a 

warning notice issued under s.2(4) of the Noise Act 1996 

is emitted and to remove any equipment used in the 

emission of the noise. Also allows local authorities to 

seize and remove any equipment used in emission of 

noise which is a Statutory Nuisance by virtue of s.79(1)(g) 

EPA 1990 (noise emitted from premises so as to be 

prejudicial to health or a nuisance). 

NEIGHBOUR 

NOISE 

Noise and Statutory Nuisance Act 1993 

Contains powers for local authorities to control noise 

from loudspeakers in the street and vehicles, equipment 

and machinery in the street. 

63


NEIGHBOUR 

NOISE 

Noise and Statutory Nuisance Act 1993, s.10 

Gives local authorities the power to put a legal charge on 

premises in order to recover expenses reasonably 

incurred in preventing or abating a statutory nuisance 

where the current owner of the premises was responsible 

for the nuisance. 


Creates a duty for every local authority to investigate 

complaints of a Statutory Nuisance, and to cause its area 

to be inspected from time to time to detect any Statutory 

Nuisances. These include noise or vibration that is 

prejudicial to health or a nuisance that ought to be dealt 

with by an Abatement Notice and summary proceedings. 


Where a local authority is satisfied that a statutory 

nuisance is occurring or is going to occur or recur, an 

Abatement Notice shall be served requiring the 

abatement of the noise or restricting its occurrence or 

recurrence. Failure to comply with an Abatement Notice 

without reasonable excuse is an offence. A person who 

commits such an offence on industrial, trade or business 

premises is liable on summary conviction to a fine not 

exceeding £20,000. In all other cases a person is liable on 

summary conviction to a fine not exceeding level 5 on the 

standard scale, and with a further fine for each day on 

which the offence continues after the conviction. 

A person served with an Abatement Notice may appeal 

against the notice to the Magistrates’ Court within 21 

days from the date he was served the notice. 


Where an Abatement Notice has not been complied with, 

the local authority has powers to abate the nuisance, 

including the power to seize and remove any equipment 

that is being or has been used in the emission of the 

noise in question. Expenses incurred in abating the 

nuisance may be recovered from the person who caused 

the nuisance. 

64

Control of Pollution Act 1974, ss.63 – 67 

Local authorities have powers to designate Noise 

Abatement Zones. Every local authority, that has 

designated a Noise Abatement Zone, must measure the 

level of noise emanating from premises within the zone of 

the class to which a Noise Abatement Order relates. A 

record of all measurements taken must be kept in a 

register, open for public inspection. The local authority 

may set a maximum level for noise in certain areas. 


What are the neighbour noise penalties 

Local authorities can issue Fixed Penalty Notices of £100 

(or any amount the local authority specifies within the 

range set out by the Secretary of State’s regulations) to 

people who do not comply with a warning notice issued in 

respect of night noise from a dwelling or £500 (fixed) if 

the noise comes from a licensed premises as of October 

2006. 

Abatement Notices may also be served on people 

responsible for noise. If a person on whom an Abatement 

Notice has been served fails, without reasonable cause, 

to comply, they will have committed an offence. For 

offences relating to domestic premises and private 

vehicles, the Magistrates’ Court may impose a maximum 

fine of £5,000 with a further fine of up to £500 for each 

day the offence continues after conviction. When the 

nuisance arises on industrial, trade or business 

premises, the maximum fine is £20,000. 

NEIGHBOUR 

NOISE 



If individuals are concerned about noise or other 

nuisance coming from a neighbour’s home or local 

business often the best way to deal with the situation is to 

contact the person or company responsible and explain 

the problem. It may be that the problem can be resolved 

amicably without need for further action. If, however, this 

approach fails the complaint should be reported to the 

local authority. 

If individuals are not happy with the response they 

receive from the local authority they can make a formal 

complaint to the relevant department or to the 

chief executive. 

65


They also have a right to apply to the local government 

Ombudsman who can investigate how a local authority 

has dealt with the case. The Ombudsman is independent 

of both local and central government. The decision 

whether or not to investigate a complaint is entirely at the 

Ombudsman’s discretion. 

Through s.82 EPA 1990 it is possible to take civil action 

for noise nuisance at common law by seeking an 

injunction to restrain the defendant from continuing to 

create the nuisance. Further details of the procedures 

involved are available from the clerk to the local 

Magistrates’ Court; complainants are advised to contact a 

solicitor first. 

It is important to remember, however, that taking legal 

action may be expensive. If the case is dismissed the 

person who brought the case will normally incur their 

own costs and may incur the costs of the other party. 

In a civil action, the defence of best practicable means is 

not available. 

NEIGHBOUR 

NOISE 

What action has ENCAMS taken on 


In June/July 2003 ENCAMS ran a pilot campaign to 

encourage noise sufferers in Stoke-on-Trent and Leeds to 

call a 24-hour hotline to complain about their noisy 

neighbours. The campaign was targeted at a segment of 

noise sufferers - Resigned Victims - who are unlikely to 

complain to their council because they feel isolated in 

their suffering. In addition the campaign indirectly 

targeted the noise perpetrator - by raising the profile of 

the issue. 

During the campaign period Stoke-on-Trent City Council 

received 166 noise complaints via the hotline and another 

147 complaints were made direct to the council. This total 

of 313 calls represents a considerable increase from the 

105 complaints that were received during the same time 

period of the previous year. Leeds City Council received a 

total of 601 noise complaints during the month of July, 

representing a 33% increase. 

ENCAMS also produces a leaflet on how to deal with 

neighbour noise, available from www.encams.org 

66


ENCAMS 


Tel: 01942 612 621 Fax: 01942 824 778 





Noise and nuisance policy, 7/D11 Ashdown House, 

123 Victoria Street, London, SW1E 6DE 

Tel: 0207 082 8416 Fax: 020 7082 8995 

Email: noise@defra.gsi.gov.uk 

The National Society for Clean Air (NSCA) 

44 Grand Parade, Brighton, BN2 2QA 

Tel: 01273 878 770 Fax: 01273 606 626 

www.nsca.org.uk 

United Kingdom Noise Association (UKNA) 

Broken Wharf House, 2 Broken Wharf, London, EC4V 3DT 

Tel: 0207 329 0774 

Email: info@ukna.org.uk 

www.ukna.org.uk 

NEIGHBOUR 

NOISE 

Noise Abatement Society 

44 Grand Parade, Brighton BN2 9QA 

Noise Helpline Tel: 01273 878 782 

www.noiseabatementsociety.com 

Noise Network 

P O Box 327, Chatham, Kent, ME5 8AW 

Tel: 01634 819 975 

email: Quietcampaigner@yahoo.co.uk 

Association of Noise Consultants 

6 Trap Road, Guilden Morden, Royston, Herts, SG8 0JE 

Tel: 01763 852 958 

www.association-of-noise-consultants.co.uk 

67

ANTI-SOCIAL BEHAVIOUR 


What is anti-social behaviour 

The Crime and Disorder Act 1998 defines anti-social 

behaviour, in relation to obtaining an Anti-Social 

Behaviour Order (ASBO), as acting “in a manner that 

caused or was likely to cause harassment, alarm or 

distress to one or more persons not of the same 

household”. 

Among the forms anti-social behaviour can take are: 

• Graffiti – which can on its own make even the tidiest 

urban spaces look squalid; 

• Abusive and intimidating language, too often directed 

at minorities; 

• Excessive noise, particularly late at night; 

• Fouling the street with litter; 

• Drunken behaviour in the streets, and the mess 

it creates; 

ANTI-SOCIAL 

BEHAVIOUR 

• Dealing drugs, with all the problems to which it 

gives rise; 

• Carrying or use of firearms; 

• Trespassing and public disorder; 

• Excessively high hedges; 

• Vandalism. 

What is an Anti-Social Behaviour Order 

An Anti-Social Behaviour Order (ASBO) is a statutory 

measure that aims to protect the public from behaviour 

that causes or is likely to cause harassment, alarm or 

distress. An order contains conditions prohibiting the 

offender from specific anti-social acts or entering defined 

areas, and is effective for a specific period. For example, 

an ASBO may prohibit an offender from associating with 

other named people or from going near a house where 

they have caused problems. 

69


A total of 4,483 ASBOs were issued in England between 

April 1999 and December 2004. 

How is an ASBO made 

ASBOs are civil orders made in court. They can be applied 

for by local authorities, police forces (including the British 

Transport Police) and by Registered Social Landlords, but 

not by members of the public. They are community-based 

orders that involve local people in the collection of 

evidence and in helping to monitor breaches. The civil 

status of ASBOs means hearsay and professional witness 

evidence can be heard in ASBO applications. This is an 

extremely important feature of ASBOs because those 

subjected to the anti-social behaviour or those reporting 

the behaviour can be protected. 

ANTI-SOCIAL 

BEHAVIOUR 

What is an Acceptable Behaviour Contract 

An Acceptable Behaviour Contract (ABC) is a voluntary 

written agreement between a person who has been 

involved in anti-social behaviour and one or more local 

agencies whose role it is to prevent such behaviour (e.g. 

police and housing). ABCs are most commonly used for 

young people but may also be used for adults. Examples 

of terms in ABCs include agreements not to: 

• Damage property; 

• Verbally abuse passers-by; 

• Write graffiti; 

• Throw stones or other objects; 

• Congregate in groups; 

• Climb on public or private property. 

As at April 2002, there were over 170 ABC schemes 

across the country and over 1,800 ABCs in place. 

How is an ABC made 

ABC is an informal procedure, though not without legal 

significance, aimed at stopping the problem behaviour 

rather than punishing the offender. The conditions of an 

ABC will be agreed by the subject of the ABC and local 

agencies such as the police, school and social services. 

70

The contract will specify a list of anti-social acts in which 

the person has been involved and which they agree not to 

continue. Legal action in the form of an Anti-Social 

Behaviour Order or possession order (if the young person 

is in social housing) should be stated on the contract 

where this is the potential consequence of a breach. The 

threat of legal action is intended to provide an incentive to 

ensure that the contract is adhered to. 



Applications for ASBOs and ABCs can only be brought by 

a local agency whose duty it is to prevent such behaviour 

(e.g. the police, Registered Social Landlords, local 

authorities etc.). Individuals should therefore approach an 

appropriate agency with any complaint they have of antisocial 

behaviour in their area. 

What if an ASBO is breached 

Whilst ASBOs are civil orders, breach of an order is a 

criminal offence, which is arrestable and recordable. The 

standard of proof is the criminal standard ‘beyond 

reasonable doubt’. The maximum penalty on conviction in 

the Magistrates’ Court is six months in prison or a fine 

not exceeding £5,000 or both. At the Crown Court the 

maximum penalty is five years in prison or a fine or both. 

A conditional discharge is not available to the court. 

ANTI-SOCIAL 

BEHAVIOUR 

The maximum sentence for breach by a juvenile is a 

detention and training order, which has a maximum term 

of 24 months – 12 months of which is custodial and 12 

months in the community. A 10-11 year old can be given a 

community order for breach of an ASBO. 

What if an ABC is breached 

The action taken should be determined by the nature of 

the breach. A structured approach can be taken to 

breaches, leading to legal action (in the form of an Anti- 

Social Behaviour Order or possession order) if the 

behaviour does not cease. Such a structured approach 

may involve: 

• Verbal warnings; 

• Written warnings (however this assumes a good level 

of literacy and visits maybe more appropriate); 

71


• An interview to discuss and reiterate the contract 

terms. This will also help to identify why the breach 

has occurred and enable agencies to provide additional 

support that may be required to prevent further 

breaches; 

• Proceedings for an Anti-Social Behaviour Order; 

• Proceedings for a possession order. 

What are the anti-social behaviour laws 

Crime and Disorder Act 1998 (amended by Police 

Reform Act 2002) 

The power to impose Anti-Social Behaviour Orders came 

into force in April 1999 under the terms of the Crime and 

Disorder Act 1998. The legislation was amended by the 

Police Reform Act 2002 which: 

• Introduced an interim order; 

• Extended the geographical area over which an order 

can be made to any defined area of England and 

Wales, or the whole of England and Wales; 

ANTI-SOCIAL 

BEHAVIOUR 

• Introduced orders on conviction in 

criminal proceedings; 

• Enabled the British Transport Police and registered 

social landlords to apply for orders; 

• Introduced orders in county court proceedings 

(alongside related proceedings). 

Anti-Social Behaviour Act 2003 

This legislation brings in a wide range of powers to deal 

with anti-social behaviour. The powers of police, 

landlords, local authorities and other agencies are 

extended. The Act consists of multiple parts, including: 

Part 1 Premises Where Drugs Are Used Unlawfully 

Grants the police power to close down premises being 

used for supply, use or production of Class A drugs where 

there is an associated serious nuisance or disorder. 

72

Part 2 Housing 

Gives local authorities, housing action trusts and social 

landlords registered with the Housing Corporation new 

and more effective tools to deal with anti-social behaviour. 

Social landlords also have a new duty to publish their 

anti-social behaviour policies to inform tenants and 

members of the public. 


Part 3 Parental Responsibilities 

Amends existing powers to make Parenting Orders 

contained in the Crime and Disorder Act 1998, removing 

restrictions that guidance and counselling sessions cannot 

be provided more than once in any week. Sets out 

provision for schools and local authorities to enter into 

parenting contracts. Amends appeals procedures against 

Parenting Orders. Introduces penalty notices for parents in 

cases of truancy. 

Part 4 Dispersal of Groups etc. 

Empowers both police and Community Support Officers to 

disperse groups of two or more and return young people 

under 16 who are unsupervised in public places after 9pm 

to their homes. 

ANTI-SOCIAL 

BEHAVIOUR 

Part 5 Firearms 

Amends the 1968 Firearms Act so as to include air 

weapons and imitation firearms, meaning that it is an 

offence to carry an air weapon (loaded or not) or imitation 

weapon in a public place without lawful authority or 

reasonable excuse. Raises the age limit at which a person 

can own an air weapon from 14 to 17 years. Bans air 

weapons that use self-contained gas cartridge systems. 

Part 6 The Environment 

Allows chief executives of local authorities to issue closure 

orders in relation to licensed premises or event notices 

which are causing a public noise nuisance. Amends the 

Noise Act 1996 and also gives local authority officials the 

ability to issue Fixed Penalty Notices to graffiti and 

flyposting offenders. Enables local authorities to serve 

Defacement Removal Notice; makes it an offence to sell 

aerosol spray paints to persons under the age of 16; and 

also introduces new powers to Waste Collection 

Authorities to deal with fly-tipping. 

73


Part 7 Public Order and Trespass 

Gives a senior police officer power to impose conditions 

on public assemblies. Amends the Criminal Justice and 

Public Order Act 1994 extending it to cover raves where 

20 or more persons are present (rather than 100). 

Amends the same Act to extend provisions relating to 

trespass to cover trespass in buildings as well as in the 

open air. 

Part 8 High Hedges 

Gives local authorities the powers to deal with complaints 

about high hedges that are having an adverse effect on a 

neighbour’s enjoyment of his property. Remedial Notices 

relating to specific hedges can be served requiring action 

and outlining the consequences of failure to comply with 

the requirements of the notice. 

ANTI-SOCIAL 

BEHAVIOUR 

Part 9 Sanctions etc. 

Permits the police, British Transport Police, local 

authorities and Registered Social Landlords to apply for 

Anti-Social Behaviour Orders. Extends penalty notices for 

disorderly behaviour by young persons under the age of 

16. Extends the powers of Community Support Officers. 


ENCAMS 


Tel: 01942 612 621 Fax: 01942 824 778 



Home Office Anti-social Behaviour Unit 

2 Marsham Street, London SW1P 4DF 

Tel: 0870 000 1585 

email: together@homeoffice.gsi.gov.uk 

http://www.homeoffice.gov.uk 

74

GLOSSARY 


Abandoned Vehicle 

A vehicle is only abandoned “where in the opinion of the 

relevant local authority a motor vehicle is abandoned 

without lawful authority”. The term ‘vehicle’ in this 

context means a motor vehicle or trailer or anything, 

which forms part of a motor vehicle including any item 

contained within it e.g. caravan, boat. 

ABC 

An Acceptable Behaviour Contract (ABC) is a voluntary 

written agreement between a person who has been 

involved in anti-social behaviour and one or more local 

agencies whose role it is to prevent such behaviour (e.g. 

police and housing). ABCs are most commonly used for 

young people but may also be used for adults. 

Accredited Person 

A person who is accredited under s41(2) of the Police 

Reform Act 2002 to issue fixed penalties on behalf of 

police for certain offences specified in that Act. 

GLOSSARY 

Alarm Notification Area 

A local authority may designate all or part of its area as 

an Alarm Notification Area in which owners/occupiers 

must notify the authority of the details of a “key-holder” 

for the premises. 

Anti-social Behaviour 

Behaviour by a person which is likely to cause 

harassment, alarm or distress to one or more other 

persons not of the same household. 

Appropriate Crown Authority 

The Crown Estate Commissioners, the Minister in charge 

of the Government Department or the body which 

occupies or manages the land on the Crown's behalf. 

75


ASBO 

An Anti-Social Behaviour Order (ASBO) is a statutory 

measure that aims to protect the public from behaviour 

that causes or is likely to cause harassment, alarm or 

distress. An order contains conditions prohibiting the 

offender from specific anti-social acts or entering defined 

areas, and is effective for a specific period. 

Authorised Officer 

An employee of a local authority who is authorised in 

writing by the authority for the purposes of giving Notices 

or any other person who, in pursuance of arrangements 

made with the authority, has the function of giving such 

Notices and is authorised in writing by the authority to 

perform that function. 

BV199 

A Government Best Value Performance Indicator (BVPI) 

adopted to report on the cleanliness of the street and 

local environment in local authorities. 

GLOSSARY 

Community Support Officer 

Can be authorised under s.38 of the Police Reform Act 

2002 to issue fixed penalties on behalf of the police for 

certain offences specified in that Act. 

Controlled Waste 

As defined in s.30 of the Control of Pollution Act 1974, 

s.75 of the 1990 Act and the Controlled Waste Regulations 

1992 (as amended), controlled waste is household, 

commercial and industrial waste. 

Defacement Removal Notice 

Requires that graffiti must be removed, cleared or 

otherwise remedied within a period specified in the notice 

being not less than 28 days from the day the notice was 

served. Graffiti includes painting, writing, soiling, 

marking or other defacing by whatever means. 

76

Defra 

Defra (Department for Environment, Food and Rural 

Affairs) is a Government Department working on resource, 

human and natural issues. Their remit is the pursuit of 

sustainable development involving economic, social and 

environmental concerns. 


Detritus 

There is no statutory definition of detritus, however the 

common understanding of the term covers dust, mud, soil, 

grit, gravel, stones, rotted leaf and vegetable residues, and 

fragments of twigs, glass, plastic and other finely divided 

materials. 

Dog Control Order 

A Dog Control Order relates to the control and handling of 

dogs on areas of land designated by an authority. 

Duty Body 

A body with a duty (listed under s.89 of the Environmental 

Protection Act 1990 and associated statutory instrument) to 

keep land under their direct control clean, as far as is 

practicable, of litter and refuse and highways clean of litter, 

refuse and detritus. 

GLOSSARY 

Duty of Care 

Under the Environmental Protection Act s.34 and the Waste 

Management Duty of Care Code of Practice, any person 

creating waste (this does not apply to household waste 

from an individual property) has a legal responsibility to 

ensure that waste is kept safe, stored appropriately and 

disposed of properly. 

ENCAMS 

ENCAMS stands for Environmental Campaigns and is the 

charity which runs the Keep Britain Tidy campaign, and 

works to improve local environments from streets to 

beaches and local parks. ENCAMS is part-funded by Defra. 

End of Life Vehicle Processor 

A company operating as a professional vehicle dismantler 

which is required to hold a Waste Carriers Licence, Waste 

Disposal Licence, Waste Management Licence and 

Certificate of Professional Competence. 

77



The public body with responsibility for protecting and 

improving the environment (air, land and water) in 

England and Wales. 

Fixed Penalty Notice 

A Notice offering a person the opportunity of discharging 

any liability to conviction for an offence by payment of a 

penalty charge within a 14 day period. 

Fixed Penalty Receipt 

Payment received by a local authority or other 

enforcement authority for a Fixed Penalty Notice. 

Flyposting 

Flyposting is generally taken to be the display of 

advertising material (posters, stickers etc) on buildings 

and street furniture without the consent of the owner 

contrary to the provisions of the regulations. 

GLOSSARY 

Fly-tipping 

Fly-tipping is described as ‘the illegal deposit of any 

waste onto land i.e. waste dumped or tipped on a site 

with no licence to accept waste’. Waste includes: general 

household waste; larger domestic items including fridges 

and mattresses; garden refuse; and commercial waste 

such as builders’ rubble, clinical waste and tyres. Such 

waste is counted as a fly-tip if the waste is too large to be 

removed by a normal hand-sweeping barrow. 

Gating Order 

Restricts, to the extent specified in the order, the public 

right of way over the Highway to which it relates, and may 

authorise the installation, operation and maintenance of a 

barrier for the purpose of physically enforcing that 

restriction. 

Graffiti 

The term graffiti refers to drawings, patterns, scribbles, 

messages or tags that are painted, written or carved on 

walls and other surfaces. 

78

Highways Agency 

The Highways Agency is an Executive Agency of the 

Department for Transport (DfT), and is responsible for 

operating, maintaining and improving the strategic road 

network in England on behalf of the Secretary of State for 

Transport. 


Highways Authority 

Highway Authority means the local authority that is 

responsible for the relevant highway or right of way. The 

Highway Authority in England may be a county council, 

unitary authority, London borough council or 

metropolitan borough council, as defined in s.1 of the 

Highways Act 1980 (i.e. it will not be a town, district or 

parish council). 

Litter 

There is no legal definition, however litter is commonly 

assumed to include materials, often associated with 

smoking, eating and drinking, that are improperly 

discarded and left by members of the public; or are spilt 

during business or waste management operations. As a 

guideline a single plastic sack of rubbish should usually 

be considered fly-tipping rather than litter. 

GLOSSARY 

Litter Abatement Notice 

Enables local authorities to take action where another 

duty body is failing to keep its relevant land free of litter 

and refuse. The Notice may specify either, or both, 

of the following: 

• A requirement for the litter or refuse to be cleared 

within a certain time 

• A prohibition on permitting the land to become 

defaced by litter or refuse 

Litter Clearing Notice 

Requires the person on whom it is served (the occupier, 

or failing that the owner of private land) to clear the land 

of litter and refuse; and if the Principal Litter Authority is 

satisfied that the land is likely to become defaced by litter 

or refuse again, to take reasonable steps to prevent it 

from becoming so defaced. 

79


Local Authority 

A district council in England; a county council in England 

for areas for which there is no district council; a London 

borough council; the Common Council of the City of 

London; the Council of the Isles of Scilly; a county or 

county borough council in Wales – an authority in England 

or Wales which is a Litter Authority for the purposes of 

s.88 EPA 1990. 

Local Environmental Quality Survey of England 

An annual survey of England carried out by ENCAMS 

on behalf of Defra which assesses the quality of local 

environments, monitoring a number of indicators, 

including: litter, graffiti, flyposting, the state of street 

furniture and public open spaces. 

GLOSSARY 

Neighbour Noise 

Neighbour noise is generally regarded as unwanted 

sound. It could be too loud, too intrusive or just happen at 

the wrong time or without warning. Any noise emitted 

from premises so as to be prejudicial to health or a 

nuisance is a Statutory Nuisance under the EPA 1990. 

Noise Abatement Notice 

Where an authority is satisfied that a Statutory Nuisance 

exists, or is likely to occur or recur, the local authority 

can serve a Notice requiring the abatement of the noise, 

or prohibiting or restricting its occurrence or recurrence; 

or requiring the execution of such works, as may be 

necessary for any of those purposes. 

Nuisance Vehicle 

Nuisance vehicles are those that have no registered 

keeper, or are abandoned, not displaying a current tax 

disc, or are detrimental to the amenity of an area. Under 

the CNEA 2005, nuisance vehicles also include two or 

more vehicles parked on a street in order to be sold or 

repaired by a garage or other business. 

80

Parish Council 

A Secondary Authority, having a role in planning, 

licensing representation and management of town and 

village centres. 


Primary Authority 

Primary Authorities are defined in s.58 CNEA 2005. 

Primary authorities in England are: 

a 

b 

c 

d 

e 

district councils 

county councils for an area where there are no 


London borough councils 

the Common Council of the City of London 

the Council of the Isles of Scilly 

Principal Litter Authorities 

In England and Wales the following are "Principal Litter 

Authorities"— 

a 

b 

c 

d 

e 


county councils for an area where there are no 


London borough councils 

the Common Council of the City of London 

the Council of the Isles of Scilly; but the Secretary of 

State may, by order, designate other descriptions of 

local authorities as litter authorities for the purposes 

of this Part; and any such authority shall also be a 

Principal Litter Authority. 

GLOSSARY 

Refuse 

Refuse should be regarded as having its ordinary 

meaning of ‘waste’ or ‘rubbish’ including household or 

commercial waste, it can include fly-tipped waste. Dog 

faeces are to be treated as if they were refuse when on 

certain descriptions of public land. (See section on dog 

fouling.) 

81


Registered Social Landlords 

Independent housing organisations registered with the 

Housing Corporation under the Housing Act 1996. Most 

are housing associations, but there are also trusts, cooperatives 

and companies. 

Secondary Authority 

Principally parish and town councils. 

Statutory Nuisance 

Any aspect of the environment that is in such a state as to 

be prejudicial to health or a nuisance, as specified in 

s.79(1) EPA 1990, including noise, fumes, dust, smoke 

and smells. 

Street Litter Control Notice 

A notice that can be served by a local authority requiring 

businesses to clear up litter and refuse that is causing 

the “recurrent defacement” of the street or open land 

adjacent to it and implement measures to prevent the 

land from becoming defaced again. 

GLOSSARY 

Town Council 

As Parish Council. 

Waste Carrier 

A person who transports controlled waste, within Great 

Britain, including journeys into and out of Great Britain. 

A Registered Carrier is registered with a Waste 

Regulation Authority under the 1989 Act. 

Waste Collection Authority 

Local authority responsible for collecting waste; as 

defined in s.30(3) EPA 1990. 

Waste Disposal Authority 

Local authority responsible for arranging the disposal of 

publicly collected waste; as defined in s.30(2) EPA 1990. 

82

NOTES 

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