Decision details

This report seeks approval to raise the Fixed Penalty Notice (FPN) for littering in Gedling Borough from £65 to £150, in line with powers under the Environmental Protection Act 1990. The change aims to deter littering, align Gedling with neighbouring authorities, and support enforcement via contracted services. A discount to £100 is proposed for early payment.

Authorisation is given to increase the Fixed Penalty Notice Charge for Littering from £65 to £150. with a reduction to £100 if paid within 7 days.

To ensure that Gedling Borough Councils enforcement penalties are in line with other authorities and are acting as a sufficient deterrent to those who may commit environmental crime such as littering

To not increase the charge, Keeping the charge at £65 would not act as a sufficient deterrent to littering, and it would also not be financially viable for environmental enforcement agents to work with the Council at this level of fine.

Increasing the FPN for litter to a higher figure than £150, for example £200 or £250. The Council could charge as much as £500 for a littering offence. For example, as of April 2025, Broxtowe Borough Councils fine for littering is now £500, reducing to £100 if paid early. Broxtowe have also employed the services of Environmental Agents as of April 2025. See Appendix A for a breakdown of 3 other similar local authorities Fixed Penalty Notice rates.

This would in theory generate more revenue for the environmental agents and thus generate more income for the Council to put back into tackling littering. However, it is felt, at this time, that this level of financial penalty is disproportionate to the offence, it is also possible that setting the level too high will lead to a higher rate of non-payment and therefore a larger burden on the Councils legal department to prosecute.

It is therefore felt the level of £150 with a reduction to £100 if paid within 7 days is reasonable and proportionate.
Removing or changing the rate of payment reduction if paid within 7 days. It is not required to offer a reduction in the FPN if paid within 7 days, and this reduction could be removed, reduced or increased. For example, the reduced fee could be £75 or £125.

Officer’s view is that a reduction in fee if paid within 7 days will increase the number of FPNs that are paid as it acts as an appropriate incentive. A fee of £100 should be the minimum fine amount available to pay.