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Fixed Penalty Notices (FPN)

A Fixed Penalty Notice (FPN) is a penalty payment for committing an environmental crime, this can be littering, fly tipping or failing to comply with a request to supply documents, for example and these offences and FPN amounts are listed below. Community Protection Officers are issuing fixed penalty notices to individuals and businesses caught committing environmental crimes either at the time or subsequent following receipt of information or following an investigation outcome. Once the FPN is paid, this stops the penalty from progressing to a registered fine or conviction in the Magistrates’ Courts.


Offence

Legislation

FPN amount

Leaving litter

Environmental Protection Act 1990

100/75**

Fly -tipping

 

Environmental Protection Act 1990

400

Household duty of care

 

Environmental Protection Act 1990

250/200**

Breaching Public Space Protection Order

ASB Crime & Policing Act 2014

70/35**

Exposing vehicles for sale on a road

Clean Neighbourhoods and Environment Act 2005

100

Repairing vehicles on a road

Clean Neighbourhoods and Environment Act 2005

100

Graffiti

Criminal Damage Act 1971

Antisocial Behaviour Act 2003

100

Fly posting

Town & Country Planning Act 1990

Antisocial Behaviour Act 2003

100

Unauthorised marks on highways

Highways Act 1980

Antisocial Behaviour Act 2003

75

Distribution of free printed material

Environmental Protection Act 1990

75

Failure to comply with a Community Protection Notice (bins on street)

ASB Crime and Policing Act 2014

60

Failure to comply with a Community Protection Notice (individual)

ASB Crime and Policing Act 2014

70/35**

Failure to comply with a Community Protection Notice (business)

ASB Crime and Policing Act 2014

100/50**

Waste Collection requirements (commercial)

Environmental Protection Act 1990

100

Trade Waste

Environmental Protection Act 1990

Waste (England and Wales) Regulations 2011

300

Pulling down/obliterating traffic sign

Highways Act 1980

Antisocial Behaviour Act 2003

75

Smoking in a smoke-free place

Health Act 2006

50/30***

Engaging in street trading in a prohibited street

Local Government (Miscellaneous Provisions) Act 1982

Nottingham City Council Act 2013

150

Engaging in street trading in a consent street without being authorised to do so under Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982

Local Government (Miscellaneous Provisions) Act 1982

Nottingham City Council Act 2013

150

Being authorised by a street trading consent to trade in a consent street, trades in that street

i) From a stationary van, cart, barrow, other vehicle, or

ii) From a portable stall

Without first having been granted permission to do so under paragraph 7 (8) of Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982

Local Government (Miscellaneous Provisions) Act 1982

Nottingham City Council Act 2013

150

**reduced if paid within 10 days

***reduced if paid within 15 days


Paying an FPN

Click on this link and follow the instructions

Nottingham City Council - Pay my - Fixed Penalty Notice


Appealing an FPN

There are no formal grounds of appeal against an FPN. It is an invitation for you to discharge your liability to prosecution. In essence, this means that whilst this is not an admission of your guilt and by paying the sum of money specified, no further action will be taken by, or on behalf of the Council.


Failing to pay an FPN

If you do not pay the FPN within 14 days from the date of issue (or 29 days for offences of smoking in a smoke-free place) we will send you a Final Warning Letter to remind you that the payment is overdue. If you still do not pay after the date of the Final Warning Letter, the case will be referred for prosecution at a Magistrate’s Court. 


The legal powers and guidance relating to FPNs

Clean Neighbourhoods and Environment Act (2005)

Environmental Protection Act (1990)

Anti-Social Behaviour, Crime and Policing Act (2014)

Environment Act (1995)

Local Government (Miscellaneous Provisions) Act 1982

Nottingham City Council Act 2013

Health Act 2006

Fixed Penalty Guidance - GOV.UK

Guidance for local authorities on household waste duty of care fixed penalty notices - GOV.UK

Statutory Guidance: Litter enforcement powers: when and how to use them

NCC anti-social behaviour enforcement policy


Waste Collection Guidance

Nottingham City Council does not collect any side waste with your household waste collections or bins that are overflowing. Side waste can include additional bags or bulky waste not signed up for a collection that are left alongside your household wheelie bins.

Section 46 Notice - Environmental Protection Act 1990

In accordance with Section 46 of the Environmental Protection Act 1990, residents are required to properly store and dispose of their household waste using the designated bins and collection services provided by the council. You must adhere to this notice to avoid enforcement action and ensure proper waste disposal.

Section 46 Notice - Environmental Protection Act 1990

For full details on waste disposal guidelines and responsibilities, please read our official guidance which can be found by clicking below.

Household Waste Collection Guidance

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