Legally binding guidance for councils across England includes on-the-spot fines of up to £500
Today, the government has updated its code of practice on litter and refuse (COPLR), providing clearer direction and stronger legal powers to address litter louts. Crucially, the guidance has been put on a statutory footing, so that local authorities now have a legal duty to follow it.
Photo by Matthias Gellissen / Unsplash
Under the rules, councils can issue on-the-spot fines of up to £500 for littering, including when litter is thrown from a vehicle. Fines double if they are not paid within 28 days. In the case of litter thrown from a vehicle where the offender can’t be identified, the owner of the vehicle will be held to account.
The aim of the changes is to produce a tougher, more consistent approach to littering. Local councils are responsible for keeping their public land clear of litter and refuse.
Enforcement action should, says the guidance, be proportionate: councils should focus their resources on the worst offenders rather than pursuing cases where someone has accidentally dropped litter. Where there is reason to believe that someone littered on purpose, the council must decide whether there is sufficient evidence to issue a penalty that could potentially be challenged in court
That councils must now follow the guidance by law should also deter them from entering contracts with private enforcement companies that treat litter fines as a means of raising revenue.
For further information, see the Defra guide document Litter enforcement powers: when and how to use them. In addition, last week, the government provided new guidance on how councils can seize vehicles used to dump waste.
Mary Creagh MP, Parliamentary Under-Secretary (Department for Environment, Food and Rural Affairs), says: ‘Once again, hundreds of thousands of volunteers across the county will be setting off to their local parks, streets and beaches for the Great British Spring Clean next week – and they deserve our thanks for looking after our community spaces.
‘But we must stop litter louts from spoiling them in the first place, which is why we are giving local authorities clear legal powers to take action. Councils across the country will now take the same tough approach on litterers and ensure they are being brought to justice.’
Allison Ogden-Newton OBE, Chief Executive of Keep Britain Tidy, adds: ‘As we gear up for this year’s Great British Spring Clean, we are delighted that the government has recognised the importance of “turning off the tap” of litter that blights communities up and down the country and pollutes our environment.’
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