Fixed Penalty Notices (FPN) for Environmental Crimes
Since the Clean Neighbourhoods and Environment Act 2005 became law, new
measures have been introduced, enabling local authorities to issue Fixed
Penalty Notices to anyone committing an environmental crime.
The Isle of Wight Council is committed to dealing with environmental
crime by the use of Fixed Penalty Notices. From 2nd April 2008
authorised officers of the Council including Town Centre Managers, Dog
Wardens, Community Support Officers and staff from Environmental Health
will be issuing FPN for a range of crimes detailed in the chart below.
The use of Fixed Penalty Notices provide a quick, visible and effective
way of dealing with low level environmental crimes and are an alternative
to prosecution.
Payment of the FPN by the recipient discharges their liability to conviction
for the offence for which it was issued. It does not constitute an admission
of guilt, but removes the possibility of the recipient receiving a record
of a criminal conviction.
A FPN will only be issued where an officer has reason to believe a person
has committed an offence and there is sufficient evidence to support a
successful prosecution.
Offenders who refuse to accept or fail to pay a FPN may be dealt with
through the courts and if convicted could receive a substantially higher
fine and a criminal record.
The following chart outlines the offences and the legislation where FPN
can be served. It also details the levels of the fees, the discounted
amount and the maximum penalty on conviction.
Table of Offences
Description of Offence |
Discounted
Amount |
Full
amount of penalty |
Max
penalty on conviction |
Depositing Litter
Sections
87 and 88 of the Environmental Protection Act 1990
|
£50
(10 days) |
£75
(11-14 days) |
£2,500 |
Graffiti
Section
43(1) of the Anti Social Behaviour Act 2003 & Section 1(1) of
the Criminal Damage Act 1971 |
£50
(10 days) |
£75
(11-14 days) |
£5,000 |
Fly Posting
Section
43(1) of the Anti Social Behaviour Act 2003 & Section 224(3) of
the Town and Country Planning Act 1990 |
£50
(10 days) |
£75
(11-14 days) |
£1,000 |
Failing to Display Appropriate
Signage in a Smoke Free Place
Section
6 (1) and 9(1) of the Health Act 2006 |
£150
(15 days) |
£200
(16-29 days) |
£1,000 |
Smoking in a Smoke Free Place
Section 7 (2) and 9(1) of the Health Act 2006 |
£30
(15 days) |
£50
(16-29 days) |
£ 200 |
Failure to Comply with a Waste
Receptacle Notice (Dom)
Sections 46(6) 47ZA of the Environmental
Protection Act 1990
|
£75
(10 days) |
£100
(11-14 days) |
£1,000 |
Failure to Comply with a Waste
Receptacle Notice (Com)
Sections 47(6) 47ZA of the Environmental
Protection Act 1990
|
£75
(10 days) |
£100
(11-14 days) |
£1,000 |
Failure to Produce
Documentation – Waste Transfer Notes
Section 34(5) and Regulations made under Section
34(6)/34A the Environmental Protection Act 1990 |
£180
(10 days) |
£300
(11-14 days) |
Unlimited |
Abandoned Vehicles – Unlawful
Dumping
Sections 2(1) & 2A the Refuse Disposal
(Amenity) Act 1978
|
£120
(10 days) |
£200
(11-14 days) |
£5,000 &/or
3 months imprisonment |
Failing to have a Dog on a Lead
The Dogs on Leads (Isle of Wight) Order 2008 |
£50
(10 days) |
£75
(11-14 days) |
£1,000 |
Failing to Remove Dog Faeces Forthwith
The Fouling of Land by Dogs (Isle of Wight) Order
2008
|
£50
(10 days) |
£75
(11-14 days) |
£1,000 |
Allowing a dog to enter or Remain
in a Dog Exclusion Area
The Dogs Exclusion (Isle of Wight) Order
2008
|
£50
(10 days) |
£75
(11-14 days) |
£1,000 |
For further information regarding the use of FPN please refer to the Council’s
Enforcement
Policy for the Use of Fixed Penalty Notices or contact the Safer Neighbourhood
Partnership at Charter House, 14 St Thomas Square, Newport, Isle of Wight
PO30 1SL. Tel:01983 550980.
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