a guide to improving your local environment - Keep Britain Tidy

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.
www.encams.org
Town and Country Planning Act 1990, s.106
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.
Town and Country Planning Act 1990, s.215
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.
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