Irresponsible disposal of cigarette litter

There is a significant amount of legislation covering inappropriate disposal of smoking-related litter.

The following information has been reproduced from the DEFRA (Department for Environment, Food and Rural Affairs) publication "Preventing Cigarette Litter in England", which is here available as a PDF download. This Publication © Crown copyright 2007. This information is also available from the DEFRA web site.

Powers and duties for dealing with litter are provided by Part 4 of the Environmental Protection Act 1990 (EPA 1990), as amended by the Clean Neighbourhoods and Environment Act 2005 (CNEA 2005). The following is a summary of the measures available for dealing with smoking litter:

Offence of dropping litter

Under section 87 of the 1990 Act it is an offence to throw down, drop or otherwise deposit, and then leave, litter in any place in the open air. A person found guilty of the litter offence may be fined up to level 4 on the standard scale (currently £2,500) in a magistrates’ court and section 88 of the EPA 1990 allows an authorised officer of a litter authority to issue fixed penalty notices as an alternative to prosecution.

Section 27 of the CNEA 2005 inserted a new section 5A into the EPA 1990 so as to clarify that ‘litter’ includes the discarded ends of cigarettes, cigars and the discarded remains of other products designed for chewing’. This has the effect of making it clear to practitioners that action can be taken against this form of litter, including the use of fixed penalty notices as an immediate and cost effective deterrent.

Fixed Penalty Notices

Fixed Penalty Notices (FPNs) can be an effective enforcement tool as an alternative to prosecution. The number of FPNs being issued for litter has increased markedly in the last few years and the explicit definition of smoking materials as litter is likely to see that trend continue. The CNEA 2005 has introduced a greater degree of flexibility into the FPN regime. The level of the FPN can now be set locally within a range of £50 – £80, with an option for a reduced rate for early payment. In addition, the CNEA 2005 has enabled officers of a Parish Council and those not in the direct employment of the Local Authority, such as a cleansing contractor, to be authorised to issue FPNs for this offence.

Another power that has been introduced is the offence of an offender either failing to give a name and address or of giving incorrect details to an authorised enforcement officer. It is highly recommended that local authorities develop an enforcement strategy to ensure that consistent and appropriate penalties are issued. This will also ensure that in the event of non-payment of a FPN, the original offence is pursued through the magistrates’ court.