District Council Gives Itself Powers To Issue ?100 Fixed Penalties For Not Putting Out Your Rubbish Properly




The District Council has just given itself powers to issues various fixed penalties and fines to assist with it’s ‘Street Scene Enforcement Strategy” . This includes not putting out your rubbish correctly. Some of these will be popular – for example, dealing with nuisance parking – others less so.

A couple of years ago, this kind of thing would be discussed in a council meeting. Nowadays it’s agreed by one member of the cabinet. You can download the whole document here, but here’s some parts of it:


1.1 To adopt the Street Scene Enforcement Strategy.
The maintenance of environmental quality has been highlighted as a local enforcement priority. The strategy sets out standards and guidance in respect of the delivery of the related regulatory functions including the justification for the various levels of enforcement action. This will be supplemented by service specific policies and procedures and reviewed as necessary.
This strategy deals with street scene enforcement issues and helps to promote efficient and effective approaches to regulatory inspection and enforcement, which improve regulatory outcomes without imposing unnecessary burdens. This is in accordance with the recently drafted Regulator?s Compliance Code. It also complies with the Central and Local Government Concordat on Good Enforcement Practice, which was formally adopted by the Council on the 12 July 2001.
The local priorities contained within the strategy include:-
Adequate arrangements for the storage and disposal of commercial waste and ensuring that they are not deposited on streets out of collection times;
Fly-tipping of waste on public and private land;
Litter in high street and town centre areas;
Graffiti on public, in footpath areas and private land;
Irresponsible dog ownership;
Abandoned and untaxed vehicles;
Wheeled bins, boxes and bags used for the storage of domestic waste (recycling, non-recycling and compostable material) presented in the correct containers and not deposited on streets out of collection times:
3.1 Not applicable
4.1 Councillor Michael Starke

Waste Receptacles
Under the EPA 1990, the Council can specify what materials can and cannot be placed in certain kinds of waste receptacles and the location where residents must put their waste receptacles to facilitate waste collection. If the location is outside of the boundary of a property, the Council can also specify between what times the receptacles must be put out and taken back in.
The Council can issue a Waste Receptacles Notice to a person who fails to comply with these specified requirements and a person found guilty of failing to comply with a notice can be fined up to ?1,000. The CNEA introduces the use of fixed penalties for failure to comply with a Waste Receptacles Notice.
All waste receptacles must be left for collection within the boundary of the property near to a public highway (unless otherwise agreed in writing) and, where waste containers have to be left on the highway, containers should be presented by 7am on the day of collection.
In lieu of prosecution for failure to comply with a Waste Receptacles Notice, the Council will give an alleged offender the opportunity to discharge any liability to conviction for the offence by the payment of a fixed penalty of ?100……

Controlling the Distribution of Free Literature
…….The CNEA gives local authorities the power to control the distribution of free literature by designating areas of their own land or highways where free literature is only permitted with their consent.
Anyone distributing free material in a designated area without consent (except charities or for political purposes) is committing an offence and, if found guilty, could be fined up to ?2,500.
The Council will consider complaints received about the distribution of free literature and assess whether it is appropriate to make an order to restrict the distribution of free literature. If such an order were to be made, in lieu of prosecution for a distribution of free literature offence, the Council will give an alleged offender the opportunity to discharge any liability to conviction for the offence by the payment of a fixed penalty of ?75……

Nuisance Vehicles
……The CNEA introduces an offence of leaving two or more motor vehicles parked within 500 metres of each other on a road or roads where they are exposed or advertised for sale, or to cause two or more motor vehicles to be so left. This only applies to persons who are carrying out a business of selling motor vehicles.
The CNEA also makes it an offence to carry out restricted works (repair, maintenance, servicing, improvement or dismantling) on a motor vehicle on a road. This only applies to persons who are in the course of a business of carrying out restricted works or for gain or reward.
Authorised officers are able to take enforcement action, including the removal of a vehicle, for nuisance vehicles on a road.
A person found guilty of a nuisance vehicle offence can be fined up to ?2,500, or a term of not exceeding three months imprisonment, or both.
In lieu of prosecution for a nuisance vehicle offence, the Council will give an alleged offender the opportunity to discharge any liability to conviction for the offence by the payment of a fixed penalty of ?100……

The CNEA allows a dog control order to be made in respect of any land which is open to the air and to which the public are entitled or permitted to have access (with or without payment).
There are two exemptions from land to which dog control orders can be
Land placed at the disposal of the Forestry Commissioners under
section 39(1) of the Forestry Act 1967.
Land over which a road passes is exempt from a dog control order
excluding dogs from the land. The definition
of road includes
public rights of way (including footpaths) and roads and footpaths
through private estates, provided the public have access to them.
The Dog Control Orders (Prescribed Offences and Penalties, etc.) Regulations 2006 provide for five offences, which may be prescribed in a dog control order:
Failing to remove dog faeces.
Not keeping a dog on a lead.
Not putting and keeping a dog on a lead when directed to do so by an Authorised Officer.
Permitting a dog to enter land from which dogs are excluded.
Taking more than a specified number of dogs onto land.
The Council has formally adopted the Orders identified in paragraphs (a) to (d) above. A person found guilty of a breaching a Dog Control Order can be fined up to ?1000.
In lieu of prosecution for a dog offence, the Council will give an alleged offender the opportunity to discharge any liability to conviction for the offence by the payment of a fixed penalty of ?75.

About the author, admin

  • WHAT A SURPRISE!!!! Perhaps we the people, need to put together a tariff to fine the council. We do after all pay them to do a certain number of services for us, which on occasion they fail to do……

    1. Collect waste on days they have allocated.
    2. Return waste bins to edge of property line.
    3. Remove graffiti in a timely manner
    4. Deal with environmental complaints in a timely manner.

    Any other suggestions? I’m knackered and my noggin isn’t firing on all cylinders.

  • Interesting, as you say some popular items like fly tipping (although I don’t really understand what’s new in this), dog control. It sounds a bit bizzare potentially limiting the distribution of free lierature doesn’t it?

    I’m with Corey on the rubbish part. I’m fed up asking for a new rubbish – (sorry non-recycling bin) that has wheels. It’s causing me physical pain having to drag the darned thing out the front and the number of times the council have said they’ll get SITA to sort it out with no joy so far, I only told them for the first time the week before my first collection!

  • All residents should be aware of this through a unique communication from the council. Ignorance of the law is supposedly no defence but do we, even those who are local representatives, know the details for which we could be fined. Is this a way of replacing speed cameras to increase revenue?

  • Another bit of ‘Rubbish’ from Rochford District Council! I like the passage about the ‘alleged’ offender being fined. Does this now mean we, the residents, have to prove our innocence instead of the Council having to prove guilt? Does this also mean that we have now to put our waste bins inside of the property boundary instead of on the pavement? I remember when the waste collectors would not come past the property boundary to collect the bins. And does this also mean if we innocently make a mistake, like putting a crisp bag in recycling instead of non-recycling we will be landed with a £100 fine? The Cabinet will be able to give themselves an even bigger pay rise next year.

  • Will there also be fines for not being able to shut the lid properly? This is another “offence” that is frequently mentioned when discussing rubbish collection. I always assumed this was to prevent people over-filling their bins, but what would happen if the bin was fairly empty, but a large branch or cardboard box prevented it from shutting?

  • So, if the council are going to fine us for not presenting our bins in the correct manner, does that mean we can fine them for not returning our bins to the correct property?

  • Can someone advise me as to what fine I can impose on Rochford Council for not delivering the correct items and information i.e. ‘Bins!!!’ and ‘information packs’. Sorry, my apologies, entirely my fault!!!!! I forgot that this is my fault, it has something to do with the incorrect information on the ‘Electoral Roll’!!!!!!! I have that in writing for anyone wishing to see it. I still cannot believe that this was given as an excuse. Never mind about this Council, the whole of this Country leaves me speechless (well almost). I want it noted that I have not received an information pack, therefore, apart from the obvious recycling items, I cannot be sure as to where to put other query items. George Orwell you must be turning in you grave, I bet even you could not have dreamed up what is going on in this once lovely Country.

  • Due to a major tidying operation at home over the last few weeks, we found that our recycling bin was too full for today’s collection. However, as the recycling information packs had stated that you could use your old blue crates for any overflow, we put ours out with the excess recycling. The recycling lorry came and collected the recycling this morning, but they have taken our blue crate as well, rather than just emptying it and returning the crate to our property. I can only assume that they threw the whole crate into the back of the lorry, as I can’t imagine they have anywhere else on the lorry to store it.

    Have the recycling contractors been told that they should return the blue crates? Who do we need to speak to for a replacement crate?

  • Admin,

    Thanks for the advice. I called the hotline and spoke to a polite lady (unfortunately I did not get her name), and she informed me that this had occured on a number of occasions. Unfortunately they no longer have a stock of blue crates, as this was part of the old system, so they cannot provide me with a replacement. She suggested that any future over-spill could be put alongside the wheelie-bin in a cardboard box or a plastic carrier bag (not a black bin liner), and it should always be collected.

    My main concern with this is that a cardboard box, if I happen to have one big enough at the time, may go soggy if it rains, and a carrier bag may be a bit lightweight if it is windy. The blue crate is a better solution, but I guess I’ll just have to see how I get on without it. Most of the time I don’t need it, but I can imagine Christmas being a bit of a strain on the recycling bin.

    She did say she may have to investigate this further. I get the impression that sometimes the wheelie-bins fall into the back of the lorry as well, as they tend to over-balance if they are too heavy.

  • When we had the disappearing blue bin problem problem at the beginning of the scheme they said exactly the same things. They also said they could supply blue bin bags in which the extra recycling could be put – which they delivered the next day.

  • ST1 : I asked Michael Starke the cabinet member about this before last night’s meeting. The last information he had is that there were FOUR HUNDRED Blue Crates still in stock that can be given out to people. I sugegst you phone the hotline again and see what they say now!

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