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Facilitator

David Armstrong

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You have the power to serve a notice requiring businesses to clear litter that has arisen because of their business as well as implementing measures to prevent the land from becoming defaced again

Can apply 100m each side of the premises (10m for ATM) but not to a live carriageway

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• Premises used wholly or partly for the sale of food and drink for consumption either off the premises or on the premises if outside and adjacent to the street

• Service stations

• Recreational venues such as cinemas, theatres, sports facilities and pitches

• Banks and building societies with automated teller machines

• Betting shops

• Premises selling lottery tickets

• Premises outside which goods are displayed for sale on or adjacent to the street

• Vehicles, stalls and other moveable structures used for commercial or retail activities on a street

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You have to be satisfied that litter or refuse is

causing the ‘recurrent defacement’ of the street

or open land adjacent to it or the condition of open

land on any part of the premises is of detriment

to the amenity of the locality because of litter

or refuse or the premises is generating quantities

of litter and refuse that are likely to lead to the

defacement of the street or adjacent open land…

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• Recurrent defacement?

• Detriment to the amenity of the locality because of litter or refuse?

• The premises is generating quantities of litter and refuse that are likely to lead to the defacement of the street or adjacent open land

• Cleanliness fallen to Grade C

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• Inform

• Allow representations – 21 days

• Take these into account

• Appeal – allows a person on whom a notice is served to appeal to the magistrates’ court against the notice

• If a person fails to comply it is an offence with a maximum fine of £2500

• Can also offer FPN instead of prosecution

Elements

Person

Premises

Received a notice

That required what by when

Failed to carry out the requirements

Evidence

Name, address – why occupier?

Location and date

Details of delivery and notice

Be clear what it required and timeallowed for representations

Describe why where and when

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Reasonable excuse

Defence of incorrect notice

Why it doesn’t apply

Why the notice is correctlyissued, served and not invalid

Time for appeal allowedbefore action

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You can serve a notice requiring the occupier/owner of land which is defaced by litter or refuse to clear it up, and, where appropriate, take steps to prevent it from becoming heavily littered again

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All land open to the air in its area including private except:

• Land that already has a statutory duty under S89

• Land which is covered but “open to the air” and to which the public are not entitled or permitted to have access, with or without payment

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• Attempt to work in partnership

• Collect evidence as to why you need to serveis defaced by litter or refuse so as to bedetrimental to the amenity of the locality

• Specify standards of compliance

• Set deadline for compliance (at least 28 days)

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• Serve on the occupier but if you cannot locate them the owner

• If unable to contact the owner then post on site with immediate effect

• You can also require reasonable steps to be taken to prevent the land from future defacement

• requiring the occupier or owner to physically secure the land, taking into consideration ‘designing out crime’ principles;

• monitoring levels of litter;• undertaking regular clearance;• the provision of litter bins and appropriate • containment of waste.

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• Designation

- What land?

- For what reason?

- Publicise – why?

• Who commits an offence

• Who do you want to enforce against?

• Seizure of material

• Exempt material – political & religious

Session 1 13

• S33 flytipping

• S34 duty of care

• Waste carriers

• Domestic duty of care

• S46 notices

• S47 notices

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• S33 (5) person in control of a vehicle can be liable for an offence of causing

• Who could be in control?

• How could fly tip happen?

• What is the implication for enforcement?

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Defence

(7) It shall be a defence for a person charged with an offence under this section to prove—

(a) that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence; or

(c) that the acts alleged to constitute the contravention were done in an emergency in order to avoid danger to human health in a case where—

(i) he took all such steps as were reasonably practicable in the circumstances for minimising pollution of the environment and harm to human health; and

(ii) particulars of the acts were furnished to the waste regulation authority as soon as reasonably practicable after they were done.

What would someone have to prove to satisfy the defence?

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• Failure to provide waste transfer notices

• Failure to provide waste carriers licence

• Commercial waste out incorrectly

• Domestic waste out incorrectly

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• S34 reasonable measures

• Prevent flytipping of their waste

• Prevent escape of waste

• Transfer to authorised person

• Written ‘Waste transfer note’ (WTN)

• Keep WTNs for 2 years

• Produce WTN on demand

• An authority can serve a S46 notice on the occupier where they have a duty to collect, specifying for the waste to be collected

• Type, number, size & maintenance of containers

• Placing of

• Access to

• Contents

• Precautions

• Steps to be taken for collection

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• They have 21 days to appeal to a Magistrates Courton the grounds

• the requirement is unreasonable; or

• the waste is not likely to cause a nuisance or be detrimental to the amenities of the locality..

• A person who fails, without reasonable excuse, to comply is guilty of an offence

• When an authority are aware that commercial or industrial waste stored on premises that is of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality it can serve a s47 notice on the occupier

• DIY and construction waste is defined as industrial even if on domestic premises

• There is right of appeal (21 days)

Session 1 21

• An authority can by serving a S47 notice on the occupier, specify for the waste

• Type, number, size & maintenance of containers

• Placing of

• Access to

• Contents

• Precautions

• Steps to be taken for collection

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• They have 21 days to appeal to a Magistrates Courton the grounds

• the requirement is unreasonable; or

• the waste is not likely to cause a nuisance or be detrimental to the amenities of the locality..

• A person who fails, without reasonable excuse, to comply is guilty of an offence