Fixed penalty notices for environmental offences
How are fixed penalty notices given out?
Our authorised officers can give out fixed penalty notices to offenders in person or via post. You can read about how we enforce our fixed penalty notices in our enforcement policy.
Can you appeal against a fixed penalty notice?
A fixed penalty notice is an opportunity to prevent being taken to court for an offence. Therefore, the law does not provide a right to appeal, because there has not yet been a conviction for an offence.
If you disagree with a fixed penalty notice that you are issued with, you can choose not to pay the penalty and wait to see if you are summoned to court for not paying the fine. In court, you can then present a defence to the magistrates/judge and jury.
Please note: if you do not pay the fixed penalty notice and are then found guilty of the offence in court, the penalty may be far greater than the original fine, depending on what the offence was.
What happens if someone doesn’t pay a fixed penalty notice?
In line with government guidance, we prosecute offenders who do not pay a fixed penalty notice.
What happens to the money we get from fixed penalty notices?
The money goes towards enforcing the various offences for which fixed penalty notices are issued.
What do we issue fixed penalty notices for in Lewisham and what are the various penalties?
|No.||Offence||Legislation||Amount of penalty if paid within 10 days||Amount of penalty if paid within 14 days||Maximum penalty on conviction|
|1||Depositing litter||S.88 – Environmental Protection Act 1990||£90||£150||£2,500|
|1A||Waste Deposit Offence||S.33ZA Environmental Protection Act 1990||£250||£400||5 Years Prison and/or unlimited fine|
|4||Failure to furnish written descriptions of waste (written information)||S.34 (2) Environmental Protection Act 1990||£180||£300||£5,000 (or on indictment an unlimited fine)|
|5||Failure to produce Authority (waste carriers license) ||S.5B – Control of Pollution (Amendment) Act 1989 ||£180||£300||£5,000|
|6||Unauthorised distribution of free printed matter ||Schedule 3A, paras. 1(1) and 7 – Environmental Protection Act 1990 ||£50||£75||£2,500|
Failure to comply with a waste receptacles notice (Commercial)
|S.47ZA AND S47ZB Environmental Protection Act 1990 ||£60||£110||£1,000|
|9||Failure to comply with a Dog Control Order ||S59(2) Clean Neighbourhoods and Environment Act 2005 ||£60||£110||£1,000|
|10||Nuisance Parking||S.6(1) Clean Neighbourhoods and Environment Act 2005 ||£50||£75||£1,000|
|11||Abandoning a vehicle||S.2A Refuse Disposal (Amenity) Act 1978 ||£120||£200||£2,500|
|12||Graffiti and flyposting ||S.43 Anti-social Behaviour Act 2003 ||£90||£150||£1,000 to unlimited|
|13||Failure to nominate or notify local authority of key holder (within an alarm notification area) ||S.73 Clean Neighbourhoods and Environment Act 2005 ||£50||£75||£1,000|
|14||Noise from premises (Domestic) ||S.8 Noise Act 1996 ||£60||£110||£1,000|
|15||Noise from premises (Licensed) ||S.8 Noise Act 1996 ||N/A||£500||£5,000|
|16||Failure to Comply with CPN ||S.52 Anti-social Behaviour Crime and Policing Act 2014 ||£60||£100||£2,500 (individual) or £20,000 (business)|
|17||Unlicensed Street Trading ||London Local Authorities Act 1990 (c.vii) ||£90||£150||£1,000|
|18||Contravention condition of street trading license or temporary license ||London Local Authorities Act 1990 (c.vii) ||£60||£100||£1,000|
|19||Making false statement in connection with application for street trading ||London Local Authorities Act 1990 (c.vii) ||£75||£125||£1,000|
|20||Resisting or obstructing authorised officer ||London Local Authorities Act 1990 (c.vii) ||£60||£250||£1,000|
|21||Failure to produce street trading license on demand ||London Local Authorities Act 1990 (c.vii) ||£60||£100||£1,000|
|24||Breach of PSPO ||S. 68 Anti-social Behaviour, Crime and Policing Act 2014 ||£60||£100||£1,000|