A Fixed Penalty Notice is a notice served by an officer authorised by the Council for a range of environmental offences. Fixed Penalty Notices may be issued "on the spot" or through the post. By paying the penalty it means you agree that you have committed the offence, no further action will be taken against you and you can avoid being prosecuted in Court.
The Council issues Fixed Penalty Notices which are "on the spot" financial penalties to anyone committing offences which impact on our community or environment. This includes, but is not limited to, the offences of littering, dog fouling, fly-tipping and trade waste offences.
How do I pay my Fixed Penalty Notice?
Once a Fixed Penalty Notice has been issued you have 14 days to make the payment (we are unable to accept payments in instalments). You can do this a number of ways:
Online by Credit or Debit Card:
You can pay your Fixed Penalty Notice online at www.southkesteven.gov.uk/payforit select "other payments" followed by "Environmental Health Fixed Penalty".
Telephone by Credit or Debit Card:
Call 01476 406080, select the option to make a payment (available between 08:45 - 17:15 Monday, Tuesday and Thursday; 08:45 - 16:00 Wednesday and 08:45 - 16:45 Friday).
By Post:
Cheques should be made payable to South Kesteven District Council. Please write the fixed penalty ticket number on the reverse of the cheque. Payment will be regarded as made on the date we receive your cheque. Post your cheque to South Kesteven District Council, Neighbourhood Team, Mowbeck House, Alexandra Road, Grantham, NG31 7AS.
What is a Fixed Penalty Notice?
What do you class as littering?
Litter is not defined in law, but is anything that is dropped, thrown or otherwise deposited. This can include cigarette butts, food and drink wrappers, chewing gum, drinks cans, till receipts, left over food etc. It is also an offence to deposit litter (including cigarette butts) down a drain or road gulley.
What about private land?
Under the legislation it is an offence to drop litter on land which is open to the air and to which the public have access. This is irrespective of whether the land is publicly or privately owned (unless you have the permission of the land owner).
What about dog fouling?
Littering and dog fouling are offences, so whether or not you subsequently volunteer to pick up your litter or the dog fouling afterwards you have committed an offence and will be issued with a Fixed Penalty Notice.
If I pick up the litter after an officer has approached me, do I still receive a fine?
Yes. Littering offences relate to the dropping / depositing of litter, you have still committed an offence if you originally walked away and so you will receive a Fixed Penalty Notice.
Can I put a cigarette stub in a litter bin, I'm worried it will catch fire?
Smokers are responsible for ensuring that they completely extinguish their cigarettes before placing them in the bin. To avoid any risk of fire, cigarettes ends must be completely extinguished. Council litter bins have cigarette stubbing plates for extinguishing cigarettes before you place them in the bin.
Cigarette waste is the same as any other waste and you can be issued with a Fixed Penalty Notice for not disposing of cigarette stubs properly.
Can I pay my fine by instalments?
No, we are unable to take payments by instalments. You must make the full payment by the date specified.
What happens to the money the Council gets from the Fixed Penalty Notices?
The income from the fines goes back into providing the service. We spend large amounts of money each year cleaning the streets and collecting litter and waste which has been dumped. The aim is to encourage people who live, work and visit the district to help keep it clean for everyone to enjoy and for those who refuse to take responsibility for their actions to comply with the law.
Do the enforcement officers get paid commission for the tickets they issue?
No, the enforcement officers are paid an annual salary that is not dependent on the number of tickets they issue.
What should I do if I am unhappy with the Enforcement Officer's behaviour?
If you feel that the officer's behaviour was unacceptable, please complete the online feedback form www.southkesteven.gov.uk/feedback and your complaint will be investigated. You should be aware that making a complaint is treated separately to the Fixed Penalty Notice, and as an offence is still alleged, you remain liable to prosecution unless you choose to pay the Fixed Penalty Notice within the time specified.
Do I still have to pay if there are no signs about littering or dog fouling in the area?
Yes you will still have to pay. The Council is not required to place signage on every street, although we do use signs in some areas to remind people. Littering and dog fouling have been offences for many years and many councils are actively issuing Fixed Penalty Notices to those who discard rubbish or don't pick up after their dog has fouled.
Do I have to give my personal details to a council officer as they are not police officers?
Under Section 88(8A) Environmental Protection Act 1990, if an authorised officer of a litter authority (the Council) proposes to give a person a Fixed Penalty Notice under this section, the officer may require the person to give them their name and address. You can be fined an additional amount on top of the Fixed Penalty Notice if you refuse to give your details, or provide false details.
Can I appeal against the Fixed Penalty Notice I have been issued?
Appeals on the grounds that the recipient of the Fixed Penalty Notice has a demonstrable lack of physical or mental capacity will be considered on a case by case basis and must be made in writing within 5 days of the Fixed Penalty Notice being issued. Appeals will not be considered on any other grounds.
What if I don't agree that I committed the offence for which I have received a Fixed Penalty Notice?
In this case the matter will be dealt with formally through prosecution in the Magistrate's Court where you will have the opportunity to explain your defence. It will then be up to the Court to determine whether or not an offence was committed and whether or not any penalty should be imposed. Please be aware that the financial penalty imposed by the Court can be significantly greater than that which is imposed through a Fixed Penalty Notice and you may receive a criminal record. You may also be liable for any costs incurred by the Council in bring the case to Court.
What happens if I don't pay the Fixed Penalty Notice?
If you do not pay the Fixed Penalty Notice the case will procced to the Magistrate's Court for criminal prosecution for the original offence of dropping litter. If you are found guilty the Court can impose a fine of up to £2,500 and you could have a criminal record.
Why wasn't I given a warning or the chance to pick it up?
Our anti-litter education has been continual in recent years, but our message is still ignored by some people. We are serious about keeping the district clean and have invested in tacking litter as part of our Big Clean project.