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)
Local Government (Miscellaneous Provisions) Act 1982
Nottingham City Council Act 2013
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.
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