The Law
Environmental Protection Act 1990
The Government is of the view that whilst individuals must take responsibility
for appropriate disposal of their litter, businesses and employers also
have a role to play in ensuring that adequate disposal facilities are
available.
The Government's preferred options are to implement an extended
list of premises to allow street litter control notices to be issued
in respect of all pubs, bars, cafes, restaurants and other eating and
drinking venues. Outside of which smoking-related materials and other
types of litter may be dropped by customers.
Land to which the notice may apply
Section 93(3) states that, in addition to identifying the premises
and grounds under which it is issued, the notice must 'specify an area
of open land which adjoins or is in the vicinity of the frontage of
the premises on the street' Under section 94(1), the Secretary of State
has the power to prescribe descriptions of land, and a maximum area
that can be included. Again, this is provided in the 1991 Order and
can be:
- Land in open air which is part of the premises;
- Part of a street, other than the carriageway when it is open to vehicles
- Relevant land of a principle litter authority; or,
- Land under the direct control of any other local authority.
It also states that the land specified must be within 100 meters of the premises, except in the case of
automated teller machines, in which case it must be within 10 meters.
"80% of litter is dropped in 20% of a City or Town Centre areas, adequate bins that are easy to use and simple to empty are vital to meet the challenge of increased litter disposal. Carbonated drinks, coffee, plastic water bott les, fast food waste, confectionary wrappers, chewing gum and cigarette butts make the cleaning operative's task more difficult than it has ever been. Dedicated facilities will ensure the process is kept safe, manageable and the public will be predisposed to use them."
If local authorities were able to issue street litter control notices in respect of offices, pubs, bars, cafes, restaurants and other eating and drinking venues not currently covered by the provisions it would give them power to place greater responsibility onto the occupiers or owners of those premises to clean-up the smoking related litter in the area immediately around them, and or install appropriate disposal facilities, where there is a significant problem with this form of littering and it is causing defacement of the area. This proposal is consistent with recent changes introduced by the clean Neighbourhoods and Environment Act 2005 which follows the polluter pays principle, by improving the powers available for local authorities to take action against those caught dropping litter as well as requiring businesses and land owners to play their part in keeping land and premises clean and in clearing up.
Reduction in cleaning costs of Cigarette Litter
Local Authorities would have to employ significantly more advanced methods of cleaning requiring expensive technology or increased man power, because of the difficulty of cleaning up cigarettes from grates and cracks in street surfaces. The cost of cleaning however can be reduced substantially. A survey for the department of environment and Conservation (New South Wales) found that 80% of smokers said they would bin their butts if suitable bins were available.
Scope of the existing and proposed measures
The legislative framework therefore sets out very specific circumstances in which SLCNs may be used. They can only be served on premises that has frontage on a street and outside which litter is creating a serious impact on the condition of the area, so as to cause defacement or to be detrimental to the amenity of the locality. The guidelines issued by Defra on the provisions states that 'local authorities should work in partnership with other to resolve the problem of street litter and seek to remedy it, where possible, through joint working and good management practice', therefore SLCNs are suitable for use only where such attempts at joint-working have been ineffective. In specifying 'reasonable requirements' in the notice local authorities must consider their own duties to clear litter and refuse from 'relevant land', they must also take into consideration any issues of health and safety or security that may be raised by the occupier (or owner)
"A cohesive well thought out strategy is required by Local Authorities, Businesses, Police and the Community to change the hearts and minds of people to respect their environment, intervention, education, and enforcement needs to be communicated well over a long period and firmly implemented."
Enforcement and sanctions
If a business refused to comply with the notice, prior to measures in the CNEA 2005 coming into force, the local authority had to apply to a magistrate's court for an order to require the person to comply with the notice. Instead, as of April 2006, it is immediately an offence to fail to comply with the requirements of the notice so that a prosecution may be sought. A person found guilty of this offence may be given a fine of up to a maximum level 4 (currently £2,500) in a magistrates' court. Fixed penalty notices may also be issued as an alternative to prosecution by an authorized officer of a principle litter authority. Under section 94A(4)(a) EPA1990 the local authority may set the level of the fixed penalty, within the range of £75-£110 prescribed by the Secretary of State in regulations. Alternatively, a standard amount of £100 pounds applies.
Action can only be taken for the failure of the occupier or owner to carry out measures detailed in the notice. For example, if a business is required to install a bin and does so, it cannot be held responsible for the failure of individuals to use it. Local authorities should utilize their powers under sections 87-88 of the EPA 1990 to enforce the offence of dropping litter.
Relevant extracts for owners and occupiers of street frontage premises from the document regarding Consultation on proposed amendment of sections 93 and 94 of the environmental Protection Act 1990 and Street Litter Control Notices Order 1991 (S.I. 1991 / 1324).