Gavin Howe
In the UK, littering is illegal and is considered an environmental offence. The Clean Neighbourhoods and Environment Act 2005 and the Environmental Protection Act 1990 make it clear that littering is illegal and impose duties on certain landowners, occupiers, and local authorities to keep their respective areas clear of litter. This includes smoking-related litter such as cigarette ends, cigars, chewing gum, and food waste. Local councils have the power to issue fixed penalty notices, also known as fines, to those who litter, with amounts varying up to £150. If prosecuted and convicted in court, the fine can increase to £2,500.
| Characteristics | Values |
|---|---|
| Relevant legislation | Clean Neighbourhoods and Environment Act 2005, Environmental Protection Act 1990, Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 |
| Definition of litter | Crisp packets, cigarette butts, fast-food packaging, sweet wrappers, drinks cans, bottles, bags of rubbish, apple cores, chewing gum, etc. |
| Offence | Dropping, throwing down or otherwise depositing litter and leaving it |
| Applicable locations | Any place in the area of a principal litter authority that is open to the air, including land and water bodies such as lakes, ponds or watercourses |
| Exemptions | Depositing litter with the consent of the owner, occupier or person in control of the place |
| Enforcement | Fixed penalty notices, fines, prosecution in court, Litter Abatement Orders |
| Responsible authorities | Local councils, principal litter authorities, local authorities, authorised officers |
| Cost to taxpayers | Over £1 billion annually for street cleaning |
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What You'll Learn
Littering is illegal in the UK
The Clean Neighbourhoods and Environment Act 2005 further strengthened the law by making it an offence to drop litter and giving local authorities the power to issue fixed penalty notices to those who do so. The amount of the penalty varies, with a maximum of £150 for a fixed penalty notice and up to £2,500 if prosecuted and convicted in court.
Littering from vehicles is also illegal under the Environmental Protection Act 1990 and the Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018. These regulations give councils in England (outside London) the power to issue civil penalties to the keepers of vehicles from which litter is thrown.
The cost of street cleaning in the UK is over £1 billion per year, and litter can have negative impacts on the environment, wildlife, and public safety. It is important for individuals to dispose of their litter properly and for landowners and local authorities to take responsibility for keeping their areas clear of litter.
Individuals who litter can be fined or prosecuted in court, and it is important to report littering offences to the local authorities, who have a range of powers to tackle the problem.
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Fixed penalty notices for littering
In the UK, littering is a criminal offence. The Clean Neighbourhoods and Environment Act 2005, which amended the Environmental Protection Act 1990, states that a person is guilty of an offence if they throw down, drop or otherwise deposit any litter in a place to which the public has access and leave it. This applies to any place that is open to the air, including both public and private land, and the depositing of litter in water.
If you commit this offence, you may receive a fixed penalty notice from a local council or another authority, such as a national park. This notice will state the offence you have committed and the amount of the penalty you must pay. You will usually receive the notice on the spot, but sometimes it will be posted to you after you have committed the offence.
The amount of the fixed penalty notice for littering has an upper limit, which was most recently updated in October 2023. The financial penalty imposed by the courts for this offence can be significantly higher than the fixed penalty notice amount.
You can choose to challenge a fixed penalty notice if you do not agree that you committed the offence. If your challenge is rejected, you can choose to not pay the penalty and defend your case in court. However, if you are found guilty, you may have to pay more. Typically, the penalty must be paid within 14 days, as per the instructions on the notice. Failure to pay on time may result in prosecution and a higher payment.
It is important to note that littering laws also apply to cigarette butts, which must be completely extinguished before being placed in a bin. Smokers are responsible for properly disposing of their cigarette waste and can be issued a fixed penalty notice for not doing so.
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Duty bodies responsible for clearing litter
In the UK, various duty bodies are responsible for clearing litter and keeping their respective areas free of refuse. The Environmental Protection Act 1990 imposes duties on certain landowners, occupiers, and local authorities to maintain specified land and public highways under their control.
Local Councils and Authorities
Local councils and authorities are responsible for clearing litter from relevant land within their jurisdiction. This includes district, borough, county, and parish councils. They are tasked with keeping highways, including A-roads, trunk roads, minor roads, and housing estate roads, clear of litter. These local authorities have the power to issue Fixed Penalty Notices (FPNs) to individuals who litter and can serve notices to businesses and landowners, compelling them to take action.
Highways England
Highways England is responsible for maintaining and clearing litter from England's motorways and major A roads, totaling around 4,300 miles. However, Highways England does not have enforcement powers against littering and cannot prosecute offenders.
Private Landowners
Private landowners are generally not obliged to clear litter from private roads unless specific covenants apply. However, if litter accumulation on private property becomes a nuisance or health hazard, a Community Protection Notice can be issued under the Anti-Social Crime and Policing Act 2014.
Educational Institutions and Transport Companies
Governing bodies of educational institutions and statutory undertakers, such as transport companies and operators, are also considered duty bodies responsible for keeping their premises clear of litter.
It is important to note that individuals can take action if these duty bodies fail to fulfil their responsibilities. Reporting litter problems to local authorities or taking legal action through the magistrate's court are options available to address persistent litter issues.
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Littering from vehicles
In the UK, littering is considered a criminal offence under the Environmental Protection Act 1990. The Act imposes duties on certain landowners and occupiers to keep specified land clear of litter and on local authorities to keep public highways clean.
These regulations were updated in February 2022 to standardise the process for recovering unpaid penalties and outline the respondent's right to challenge a court order through a witness statement. The Crime and Policing Bill also proposes increased civil penalties for littering from vehicles, recognising the need for stronger deterrents.
To report littering from a vehicle in the UK, individuals can contact their local council or relevant authorities, providing details such as vehicle information, location, date, time, and any other relevant information to help identify those responsible and enforce penalties.
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Littering offences under the Environmental Protection Act 1990
In the UK, littering is against the law under the Environmental Protection Act 1990. Section 87 of the Act outlines the offence of leaving litter, stating that a person is guilty of an offence if they throw down, drop or otherwise deposit any litter in a public place and leave it. This includes littering in any place that is open to the air, such as public open spaces, highways, roads, and land under the jurisdiction of a principal litter authority. It is important to note that this applies regardless of whether the litter is deposited on land or in water.
There are, however, some exceptions to the offence. For instance, no offence is committed if the depositing of litter is done by or with the consent of the owner, occupier, or person in control of the place where it is deposited. In the case of littering in a lake, pond, or watercourse, the person giving consent must be the owner or person in control of all the adjoining land and the land through which the water directly or indirectly discharges, excluding public sewers.
The Environmental Protection Act 1990 also imposes duties on certain landowners, occupiers, and local authorities to maintain specified land and public highways under their responsibility, ensuring they remain clear of litter and refuse. These duties are outlined in sections 89(1) and (2) of the Act.
To enforce these laws, local councils have the power to issue fixed penalty notices to those caught littering. Failure to pay these penalties can result in prosecution and potential fines of up to £2500. Additionally, the Littering from Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018 empower councils outside London to issue civil penalties to vehicle keepers when litter is thrown from their vehicles. These regulations were further strengthened in February 2022 to ensure consistent enforcement and provide respondents with the right to challenge court orders on specified grounds.
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Frequently asked questions
Yes, dropping litter is illegal in the UK.
Litter includes anything from a crisp packet, cigarette butt, or food waste to a bag of rubbish.
If caught littering, authorised officers have the power to issue a fixed penalty charge of up to £150 as an alternative to prosecution. If prosecuted and convicted in court, the fine could rise to £2,500.
Report it to your local authority. Be specific about the location, type, and amount of litter. Some local authorities have litter 'hotlines'.
