East Suffolk Council
Fixed Penalty Notices
Fixed Penalty Notices are used to deal with certain types of environmental crime.
These types of fine are often referred to as 'on the spot fines'. This is slightly misleading. The person issuing a ticket on behalf of the council will NEVER require payment 'on the spot'. People authorised to issue such fines will ALWAYS be able to provide identification. You should ALWAYS check thoroughly the ID of anyone who approaches you claiming to be a public official.
The offences are summarised in the table below, together with the level of the Fixed Penalty fine:
| Section | Offence | Standard Penalty (14 days) | Amount if paid within 10 days | Maximum fine for non payment |
|---|---|---|---|---|
| S6(1) Clean Neighbourhoods and Environment Act 2005 | Nuisance parking | £100 | £60 | |
| S2A(1) Refuse Disposal and Amenity Act 1978 | Vehicle abandonment | £200 | £120 | |
| S88(1) Environmental Protection Act 1990 | Litter | £80 | £60 | £2,500 |
| S94a(2) Environmental Protection Act 1990 | Street litter & litter control notices | £80 | £60 | £2,500 |
| Sch3A para 7(2) Environmental Protection Act 1990 | Leaflet distribution | £80 | £60 | £2,500 |
| S43 Anti-social Behaviour Act 2003 | Graffiti and Fly posting | £80 | £60 | Unlimited |
| S5B(2) Control of Pollution( Amendment) Act 1989 | Failure to produce waste transfer note | £300 | £180 | Unlimited |
| S34A(2) Environmental Protection Act 1990 | Failure to provide waste carrier licence | £300 | £180 | Unlimited |
| S47ZA(2) Environmental Protection Act 1990 | Offences re waste receptacles | £80 | £60 | £1,000 |
| Anti-social Behaviour Crime and Policing Act 2014 | Breach of Public Space Protection Order (PSPO) | £80 | £60 | |
| Anti-social Behaviour Crime and Policing Act 2014 | Breach of Community Protection Notice (CPN) | £80 | £60 | |
| S8 Noise Act 1996 | Noise from dwellings | £80 | £60 | £1,000 |
| S8 Noise Act 1996 | Noise from licensed premises | £500 | N/A | £1,000 |
| Section 34(2A) of the Environmental Protection Act 1990 in England | Householder waste duty of care | £200 | £120 | |
| Section7 (offence of smoking in a smoke free place) Health Act 2006 | Smoke Free - Failing to provice signage to prohibit smoking in a prohibited place | £200 | £150 | |
| Section7 (offence of smoking in a smoke free place) Health Act 2006 | Smoke Free - Smoking in a prohibited place | £50 | £30 |
Fixed Penalty Notice vs court summons
Fixed Penalty Notices are issued whenever there is sufficient evidence that somebody has committed one of these offences. A Fixed Penalty Notice (FPN) may be issued in preference to a court summons, since it provides a very simple and quick way of dealing with an offence where the offender acknowledges responsibility (whereas a court summons may take several weeks to process and require a costly, distressing and time-consuming appearance in court, even if the offender intends to admit the offence).
Dealing with environmental offences with a Fixed Penalty Notice means that the offender avoids a criminal record, PROVIDED the fine is paid (i.e. received by the council) within 14 days of the notice being given.
Failure to pay
A person who fails to pay a fixed penalty after receiving a Fixed Penalty Notice will receive a court summons. The maximum fines for non-payment are shown in the right hand column of the table above. A conviction of failing to pay a Fixed Penalty Notice does result in a criminal record.
Money received from fixed penalties is kept by the local authority and re-invested in maintaining a cleaner, safer environment. Money from court convictions for non-payment of fixed penalty notices goes straight to the Government.
The offences for which a Fixed Penalty Notice may be issued are set out in the Clean Neighbourhoods and Environment Act 2005.