Litter

Information about litter.

The cost of keeping the United Kingdom's streets clean and free from litter increases year on year, and is currently estimated to be £450 million. Within Solihull, we spend approximately £2 million each year on street cleansing. The majority of this money is spent on services that remove litter.

Litter in Public Places

Under the Environmental Protection Act 1990, we have a duty to clear litter from public places, such as streets, parks, playgrounds and pedestrian areas. This duty is taken very seriously, and in addition to proactive cleansing, we have a Litter Blitz Crew that provides a rapid response to areas that need attention urgently. This is usually done the same day as it is reported. We also provide and maintain litter bins throughout Solihull in a bid to reduce litter.

To report an area that needs clearing, contact Solihull Connect on 0121 704 8000 or email connectcc@solihull.gov.uk.

The Offence of Leaving Litter

Under section 87 of the Environmental Protection Act 1990, it is a criminal offence to leave litter. A person is guilty of the offence, if they throw down, drop or otherwise deposit, and then leave, any litter in a place to which the section applies, namely all land that is open to the air, including private land and land covered by water. The only defences are that the act was authorised by law, or done with the consent of the owner or occupier of the land.

The Act provides no definition of litter, although the courts have interpreted it to be wide and encompassing. The Clean Neighbourhoods and Environment Act 2005, has removed any previous ambiguity by explicitly stating that litter includes smoking and chewing gum related material. In reality, the most common forms of litter relate to smoking, eating and drinking.

Leaving litter is a summary offence, and cases are heard in the magistrate's court. The maximum penalty upon conviction is £2,500.

See recent convictions for Leaving Litter

Fixed Penalty Notices

We have adopted powers under the Environmental Protection Act 1990 to issue fixed penalty notices to people that commit the offence of leaving litter. The fixed penalty is £75, and must be paid within fourteen days. This amount is reduced to £50 if payment is received within seven days. By paying the fixed penalty, the person is discharged of liability to conviction for the offence. They therefore avoid a potential court appearance, a criminal record, fine and costs.

Many of our environmental health officers are trained and authorised to issue fixed penalty notices, either in person or by post. They undertake regular patrols throughout the borough, both proactively or in response to complaints, and have the power to demand a persons name and address in order to issue them with a fixed penalty notice. Failing to supply this information, or providing false information, is a further criminal offence and increases the seriousness of the matter. We will always prosecute in these circumstances, both for the original offence, and for failing to supply a correct name and address.

In addition, all police constables and community support officers working within the borough have the power to demand the name and address of a person they witness leaving litter. This information is then disclosed to us in order for a fixed penalty notice to be issued by post.

In the financial year 2005 to 2006, 195 people were issued with fixed penalty notices and over 85% of these were paid within fourteen days. Those that do not pay the fixed penalty are summoned to appear before the magistrate's court.

To make an enquiry about Fixed Penalty Notices, contact Solihull Connect on 0121 704 8000 or email connectcc@solihull.gov.uk.

Chewing Gum Litter

Over the summer of 2006, the Council ran a high profile campaign aimed a reducing the amount of chewing gum litter in Solihull Town Centre.

Solihull was one of just fifteen Council's to secure funding from the Chewing Gum Action Group, who are supported by the Department for Environment, Food and Rural Affairs. The funding provided advertising space for campaign posters on busses, bus stops and telephone boxes within Solihull.

A huge blimp hovered above the town centre during the campaign and carried the message "thanks for binning your gum when you're done", and over sixty chewing gum bins were installed in the town centre. The chewing gum that is collected is taken away for recycling and we hope that gum from Solihull will be used to construct running tracks for the Olympic Games in 2012.

As always, environmental health officers carried out patrols of the town centre, and issued fixed penalty notices to people witnessed leaving litter.

And the results of the campaign  a 72% reduction in chewing gum litter!

Six areas were surveyed and 227 pieces of gum were found to be deposited during the four weeks leading up to the campaign. During the campaign itself, only 64 pieces were deposited over the four week period.

The Council continues to work in partnership with Gummy Bins Limited who provide our chewing gum litter bins and collect and recycling the gum. .

Litter Abatement Notices

Some organisations, including schools, colleges, the Highways Agency and Network Rail, are already under a duty to keep land they occupy clear of litter. We may serve a Litter Abatement Notice on any of these organisations where their land is defaced by litter.

The notice requires them to clear the litter and to continue to do so at specified times in the future. It is a criminal offence not to comply with such a notice; it is a summary offence, and cases are heard in the magistrate's court. The maximum penalty upon conviction is £2,500. If the notice is not complied with, we also have the power to enter the land in order to clear it and then recover the costs in doing so.

To make an enquiry about Litter Abatement Notices, contact Solihull Connect on 0121 704 8000 or email connectcc@solihull.gov.uk.

Litter Clearing Notices

Where private land is defaced by litter, the Council may serve the occupier of the land with a notice requiring them clear it, and take steps to prevent it from becoming defaced by litter again. This action is only taken as a last resort, where informal approaches have failed.

It is a criminal offence not to comply with such a notice; it is a summary offence, and cases are heard in the magistrate's court. The maximum penalty upon conviction is £2,500. Failing to comply with such a notice also attracts a fourteen day fixed penalty set at £100, or reduced to £75 if paid within seven days. If the notice is not complied with, the Council also has the power to enter the land in order to clear it and then recover the costs in doing so.

To make an enquiry about Litter Clearing Notices, contact Solihull Connect on 0121 704 8000 or email connectcc@solihull.gov.uk.

Street Litter Control Notices

The Council can also serve Street Litter Control Notices on the occupiers of certain premises requiring them to clear litter from the footway and adjacent land within 100 metres of their premises. This is aimed at making business responsible for litter that has originated from their premises. The types of premises such notices may be served on include food premises, betting shops and automated teller machines.

Notices can be served where there is recurrent defacement of the street, and the notice can require the occupier to clear litter and to install and maintain litter bins for example. It is a criminal offence not to comply with such a notice; it is a summary offence, and cases are heard in the magistrate's court.

The maximum penalty upon conviction is £2,500. Failing to comply with such a notice also attracts a fourteen day fixed penalty set at £100, or reduced to £75 if paid within seven days.

Copies of Street Litter Control Notices are held on a public register.

The following premises are currently subject to Street Littler Control Notice:

To make an enquiry about Street Litter Control Notices, contact Solihull Connect on 0121 704 8000 or email connectcc@solihull.gov.uk.

Education

The Council undertakes a programme of litter education to school, youth and community groups. Officers can provide materials and resources, as well as workshops and presentations about litter and related environmental issues. Workshops and presentations are tailored to meet the needs to of the group.

To enquire about education, contact the Green Scheme (for children of primary age) on 0121 704 6874 or Environmental Health (for children of secondary age and adults) on 0121 704 8000 or email connectcc@solihull.gov.uk.

Community Cleanups

The Council encourages individuals and community groups to undertake cleanups of their local area. There are several ways in which help is available, from providing litter pickers, refuse sacks and gloves to collecting the waste at the end of the cleanup.

For further information, contact the Park Rangers on 0121 704 8472, or email parkrangers@solihull.gov.uk