Isle of Wight Council’s Operational
Strategy for the Use of Fixed
Penalty Notices for Environmental
Offences
Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
Introduction
The Isle of Wight Council is committed to providing a safe,
clean and pleasant environment for its residents and visitors
to enjoy.
It has been identified through resident surveys that many of
the issues high on the list of concerns can be enforced by
the use of fixed penalty notices and ultimately prosecution
through the courts.
As a result The Council has adopted an Enforcement Policy
where fixed penalty notices will be the first stage of
enforcement for a number of environmental offences. The
Document entitled ‘The Isle of Wight Council’s Enforcement
Policy on the Use of Fixed Penalty Notices for
Environmental Offences’ provides the framework for dealing
with these offences.
Fixed penalty notices provide a quick and effective way of
dealing with environmental offences, and are an alternative
to prosecution.
A fixed penalty is not a fine. Payment of the penalty by the
recipient discharges the recipient’s liability to conviction for
the offence for which the fixed penalty notice was issued. It
does not constitute an admission of guilt, but removes the
possibility of the offender obtaining a criminal conviction if
paid.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
Contents:
1. General
4
2. Scope
2a. Littering
5
2b. Dog Fouling
6
2c. Dog Exclusion
8
2d. Dogs not on a Lead
10
2e. Smoke Free
11
2f. Graffiti
12
2g. Fly Posting
13
2h. Parking
14
2i. Refuse (Domestic)
15
2j. Refuse (Commercial)
17
2k. Waste (Documentation)
19
2l. Abandoned Vehicles
21
3. Under 18s
23
4. Difficulty Obtaining Details
25
5. Repeat Offenders
27
6. Challenges
28
7. Appendices
A. Fixed Penalty Notice Procedure – Littering
29
B. Fixed Penalty Notice Procedure – Dog Fouling
30
C.Fixed Penalty Notice Procedure – Dog exclusion
31
D.List of Dog Exclusion Areas
32
E. Fixed Penalty Notice Procedure – Dogs off Leads
33
F. Fixed Penalty Notice Procedure – Smoke Free
34
G.Fixed Penalty Notice Procedure – Graffiti
35
H.Fixed Penalty Notice Procedure – Fly Posting
36
I. Fixed Penalty Notice Procedure – Refuse
Domestic and Commercial
37
J. Fixed Penalty Notice Procedure –
Waste Documentation
38
K. Fixed Penalty Notice Procedure – Abandoned Vehicles 39
L. Approaching an Offender and Issuing a FPN
40
M. Fixed Penalty Notice
41
N. Offence Chart
42
O. Risk Assessment
43
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
1. General
1. A fixed penalty notice should be issued only where;
- there is sufficient evidence to support a successful
prosecution in a court of law.
- the alleged offender is compliant and able to
understand what is going on, and
- there is sufficient evidence as to the person’s identity
and place of residence.
2. Fixed penalty notices are designed to deal with low level
offences.
3. Fixed penalty notices will normally be issued by the
officer witnessing the offence. However, a fixed penalty
notice can be issued if sufficient evidence has been
received from a reliable witness.
4. Interviewing and questioning must be consistent with the
practice and procedures established by the Police and
Criminal Evidence Act 1984, Code C.
5. Where an offender is not co-operative, consideration
should be given to alternative enforcement.
6. Only officers who have been trained and authorised will
be able to issue fixed penalty notices. Some officers may
only be authorised to serve certain fixed penalty notices.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
2. Scope
1. The Environmental Protection Act 1990 (Section 87)
states If a person “throws down, drops or otherwise
2a. Littering
deposits in any place to which this section applies, and
leaves it, he shall be guilty of an offence”.
2. Litter is not defined, but includes cans, bottles,
confectionery wrappers, food and drink containers,
chewing gum, plastic bags, till receipts, left over food,
cigarette and cigar ends and flyers.
3. The offence applies only when litter is dropped and left in
places which are open to the air, including private open
land, and land covered by water.
4. A person does not commit a littering offence if they leave
litter on their own land or if they have the permission of
the landowner to leave litter.
5. Powers to issue fixed penalty notices are provided by
section 88(1) of the Environmental Protection Act 1990.
6. All fixed penalty notices for littering offences shall be
issued in line with the ‘Fixed Penalty Notice Procedure –
Littering’ which has been attached as appendix A.
7. The amount of the fixed penalty notice has been set in
accordance with legislation and is detailed in section 7 of
the Council’s document titled ‘Isle of Wight Council’s
Enforcement Policy on the Use of Fixed Penalty Notices
for Environmental Offences’.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
2. Scope
1. Article 3 (1) of the Fouling of Land (Isle of Wight) Order
2008 states ‘if a dog defecates at any time on land to
which this Order applies and a person who is in charge of
2b. Dog Fouling
the dog at that time fails to remove the faeces from the
land forthwith, that person shall be guilty of an offence
unless -
a. He has a reasonable excuse for failing to do so;
or
b. The owner, occupier or other person or authority
having control of the land has consented (generally or
specifically) to his failing to do so.’
2. Article 3 (2) of the order states ‘nothing in this Article
applies to a person who -
a. Is registered as a blind person in a register compiled
under Section 29 of the National Assistance Act 1948;
or
b. Has a disability which affects his mobility, manual
dexterity, physical co-ordination or ability to lift, carry
or otherwise move everyday objects in respect of a
dog trained by a prescribed charity and upon which he
relies for assistance.’
3. This order applies to all land within the administrative
area of the Isle of Wight Council which is open to the air
(including covered land which is open to the air on at
least one side) and to which the public are entitled or
permitted to have access (with or without payment) but
does not include Forestry Commission Land and land
designated by the Secretary of State as land to which is
not subject to the Order.
4. Authorised officers must take into account Article 3 (3) of
the Order which states ‘for the purpose of this section -
a. a person who habitually has a dog in his possession
shall be taken to be in charge of the dog at any time
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
unless at the time some other person is in charge of
the dog;
b. placing the faeces in a receptacle on the land which
is provided for the purpose, or for the disposal of
waste, shall be a sufficient removal from the land;
and
c. being unaware of the defecation (whether by reason
of not being in the vicinity or otherwise), or not having
a device for or other suitable means of removing the
faeces, shall not be a reasonable excuse for failing to
remove the faeces.’
5. A person who is guilty of an offence under Article 3 shall
be liable on summary conviction to a fine not exceeding
level 3 on the standard scale.
5. The Dog Control Orders (Prescribed Offences and
Penalties, Etc) Regulations 2006 provides the powers to
local authorities to issue fixed penalty notices for this
offence.
7. All dog fouling fixed penalty notices shall be issued in line
with the ‘Fixed Penalty Notice Procedure – Dog Fouling’
which has been attached as appendix B.
8. The Fouling of Land by Dogs (Isle of Wight) Order 2008
replaces the Dogs (Fouling of Land) Act 1996.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
2. Scope
1. Article 3 (1) of the Dogs Exclusion (Isle of Wight) Order
2008 states ‘a person in charge of a dog shall be guilty of
an offence if during the period specified in schedule 2 he
2c. Dogs Exclusion
takes the dog onto, or permits the dog to enter or to
remain on, any land to which this order applies unless –
a. He has a reasonable excuse for failing to do so;
or
b. The owner, occupier or other person or authority
having control of the land has consented (generally or
specifically) to his failing to do so.’
2. Article 3 (2) of the order states ‘nothing in this Article
applies to a person who -
a. Is registered as a blind person in a register compiled
under Section 29 of the National Assistance Act 1948;
b. Is deaf (in respect of a dog trained by hearing dogs for
deaf people (registered charity number 293358) and
upon which he relies for assistance;
or
c. Has a disability which affects his mobility, manual
dexterity, physical co-ordination or ability to lift, carry
or otherwise move everyday objects in respect of a
dog trained by a prescribed charity and upon which he
relies for assistance.’
3. This order applies to a number of beaches. A list of
exclusion areas have been attached as appendix D.
4. Authorised officers must take into account Article 3 (3) of
the Order which states ‘for the purpose of this section
a. a person who habitually has a dog in his possession
shall be taken to be in charge of the dog at any time
unless at the time some other person is in charge of
the dog.’
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
5. A person who is guilty of an offence under Article 3 shall
be liable on summary conviction to a fine not exceeding
level 3 on the standard scale.
6. The Dog Control Orders (Prescribed Offences and
Penalties, Etc) Regulations 2006 provides the powers to
local authorities to issue fixed penalty notices for this
offence.
7. All dog exclusion fixed penalty notices shall be issued in
line with the ‘Fixed Penalty Notice Procedure – Dog
Exclusion’ which has been attached as appendix C.
8. The Dog Exclusion (Isle of Wight) Order 2008 replaces
the Isle of Wight Dogs on the Seashore Byelaws 2005.
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2. Scope
1. Article 3 (1) of the Dogs on Leads (Isle of Wight) Order
2008 states ‘a person in charge of a dog shall be guilty of
an offence if, at any time, on any land to which this Order
2d. Failing to Have a
applies he does not keep the dog on a lead, unless -
Dog on a Lead
a. He has a reasonable excuse for failing to do so; or
b. The owner, occupier or other person or authority
having control of the land has consented (generally or
specifically) to his failing to do so.’
2. This order applies to each and every length of road
including adjacent pavements and verges, within the
administrative area of the Isle of Wight Council.
3. Authorised officers must take into account Article 3 (3) of
the Order which states ‘for the purpose of this section
a. a person who habitually has a dog in his possession
shall be taken to be in charge of the dog at any time
unless at the time some other person is in charge of
the dog.’
4. A person who is guilty of an offence under Article 3 shall
be liable on summary conviction to a fine not exceeding
level 3 on the standard scale.
5. The Dog Control Orders (Prescribed Offences and
Penalties, Etc) Regulations 2006 provides the powers to
local authorities to issue fixed penalty notices for this
offence.
6. All failing to have a dog on lead fixed penalty notices
shall be issued in line with the ‘Fixed Penalty Notice
Procedure – Dog not on a Lead’ which has been
attached as Appendix E.
7. The Dogs on Leads (Isle of Wight) Order 2008 replaces
The Isle of Wight Council (Various Streets, Isle of Wight)
(Control of Dogs on Road) Consolidation Order 1995.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
2. Scope
1. The Health Act 2006 makes provisions for the prohibition
of smoking in certain premises, places and vehicles.
2e. Smoke Free
2. Section 7 (1) of the Health Act 2006 states ‘It is the duty
of any person who occupies or is concerned in the
management of smoke-free premises to make sure that
no-smoking signs complying with the requirements of this
section are displayed in those premises in accordance
with the requirements of this section.’
3. Section 7 (2) of the Health Act 2006 states ‘A person who
smokes in a smoke-free place commits an offence.’
4. Section 9 (1) provides the powers for authorised officers
to issue fixed penalty notices for these offences.
Schedule 1 of the same Act makes further provision
about fixed penalties.
5. A fixed penalty notice should only be issued to a person
smoking in a smoke free place if reasonable steps have
been taken to prevent the person smoking.
6. All fixed penalty notices for smoke free offences shall be
issued in line with the ‘Fixed Penalty Notice Procedure –
Smoke Free’ which has been attached as Appendix F.
7. The amount of the fixed penalty notices for each offence
have been set in accordance with Legislation and are
detailed in section 7 of the Council’s document titled ‘Isle
of Wight Council’s Enforcement Policy on the Use of
Fixed Penalty Notices for Environmental Offences’.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
2. Scope
1. Graffiti is controlled by Section 1(1) of the Criminal
Damage Act 1971 (c. 48) (damaging property etc) which
includes the painting or writing on, or the soiling, marking
2f. Graffiti
or other defacing of, any property by whatever means.
2. A fixed penalty notice should only be considered for
minor graffiti offences (e.g. a singular act of name writing,
or scratching). Any large scale graffiti, including racial
and/or religious offensive graffiti, shall be referred to the
Police.
3. The issuing of all fixed penalty notices for graffiti shall
only take place after full consultation with Hampshire and
Isle of Wight Constabulary.
4. Section 43(1) of Anti Social Behaviour Act 2003 provides
powers to Local Authorities to issue fixed penalty notices
for low level graffiti offences.
5. Fixed penalty notices for graffiti offences shall be issued
in line with the ‘Fixed Penalty Notice Procedure – Graffiti’
which has been attached as Appendix G.
6. The amount of the fixed penalty notice for this offence
has been set in accordance with legislation and is
detailed in section 7 of the Council’s document titled ‘Isle
of Wight Council’s Enforcement Policy on the Use of
Fixed Penalty Notices for Environmental Offences’.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
2. Scope
1. Fly
posting
is
the
displaying
of
unauthorised
advertisements on buildings, on land or on street
furniture. This offence is controlled by the Town and
2g. Fly Posting
Country Planning Act 1990 section 224(3) and The Town
and Country Planning (Control of Advertisements)
Regulations 1992.
2. A fly posting offence is committed when advertisements
are displayed without the required planning consent or
does not comply with The Town and Country Planning
(Control of Advertisements) Regulations 1992. These
regulations detail the exceptions and when consent is
required.
3. Section 43(1) of Anti Social Behaviour Act 2003 provides
powers to Local Authorities to issue fixed penalty notices
for fly posting.
4. Fixed penalty notices for fly posting can only be served
on the person who was undertaking the fly posting.
5. Offenders undertaking large scale fly posting, repeat
offenders and the beneficiary of the adverts shall be
reported straight to the Council’s Planning Enforcement
Team.
6. Fixed penalty notices for fly posting offences shall be
issued in line with the ‘Fixed Penalty Notice Procedure –
Fly Posting’ which has been attached as Appendix H.
7. The amount of the fixed penalty notice for each offence
has been set in accordance with legislation and is
detailed in section 7 of the Council’s document ‘Isle of
Wight Council’s Enforcement Policy on the Use of Fixed
Penalty Notices for Environmental Offences’.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
2. Scope
1. The Isle Of Wight Council (Parking Places) Order No 2
2007 has been made under Sections 32(1), 35(1) & (3),
and 45(1) & (2) and Part IV of Schedule 9 of the Road
2h. Parking
Traffic Regulation Act 1984, as amended (hereinafter
referred to as "the Act of 1984") the Road Traffic Act
1991 (the Act of 1991”) and under Section 13 of the Isle
of Wight Act. This order details all parking offences both
on and off road on the Isle of Wight.
2. It should be noted that these offences are not criminal,
fixed penalty notices issued in respect of parking
offences shall be known as ‘Penalty Charge Notices’. If
the notice is not paid there is no criminal offence which
can be pursued. The charge can be recovered through
the County Court as a debt.
3. The amount of the fixed penalty notice for a parking
offence is detailed in section 7 of the Council’s document
titled ‘Isle of Wight Council’s Enforcement Policy on the
Use of Fixed Penalty Notices for Environmental
Offences’.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
2. Scope
1. The Environmental Protection Act 1990 section 46
provides powers to local authorities to control domestic
refuse.
2i. Refuse (Domestic)
2. Section 46(1) states ‘Where a waste collection authority
has a duty by virtue of section 45(1)(a) above to arrange
for the collection of household waste from any premises,
the authority may, by notice served on him, require the
occupier to place the waste for collection in receptacles
of a kind and number specified.’
3. Section 46(4) states ‘In making requirements as respects
receptacles under subsection (1) above, the authority
may, by the notice under that subsection, make provision
with respect to-
a) the size, construction and maintenance of the
receptacles;
(b) the placing of the receptacles for the purpose of
facilitating the emptying of them, and access to the
receptacles for that purpose;
(c) the placing of the receptacles for that purpose on
highways or, in Scotland, roads;
(d) the substances or articles which may or may not be
put into the receptacles or compartments of
receptacles of any description and the precautions to
be taken where particular substances or articles are
put into them; and
e) the steps to be taken by occupiers of premises to
facilitate the collection of waste from the receptacles.’
4. Section 46(6) states ‘A person who fails, without
reasonable excuse, to comply with any requirements
imposed under subsection (1), (3)(c) or (d) or (4) above
shall be liable on summary conviction to a fine not
exceeding level 3 on the standard scale.’
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
5. Section 48 of the Clean Neighbourhoods and
Environment Act 2005 inserts Section 47ZA (2) into the
Environmental Protection Act 1990. This new section
provides Local Authorities with the power to issue fixed
penalty notices to people who commit an offence under
section 46 of Environmental Protection Act 1990.
6. Fixed penalty notices for domestic refuse offences shall
be issued in line with the ‘Fixed Penalty Notice
Procedure – Domestic and Commercial Refuse’ which
has been attached as Appendix I.
7. The amount of the fixed penalty notice for a domestic
refuse offence is detailed in section 7 of the Council’s
document titled ‘‘Isle of Wight Council’s Enforcement
Policy on the Use of Fixed Penalty Notices for
Environmental Offences’.
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2. Scope
1. The Environmental Protection Act 1990 section 47
provides powers to local authorities to control commercial
2j. Refuse
refuse.
(Commercial)
2. Section 47(2) states ‘If it appears to a waste collection
authority that there is likely to be situated, on any
premises in its area, commercial waste or industrial
waste 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, the authority may, by notice served on him,
require the occupier of the premises to provide at the
premises receptacles for the storage of such waste of a
kind and number specified.’
3. Section 47(4) states ‘In making requirements as respects
receptacles under subsection (2) above, the authority
may, by the notice under that subsection, make provision
with respect to—
(a)the size, construction and maintenance of the
receptacles;
(b) the placing of the receptacles for the purpose of
facilitating the emptying of them, and access to the
receptacles for that purpose;
(c) the placing of the receptacles for that purpose on
highways or, in Scotland, roads;
(d) the substances or articles which may or may not be
put into the receptacles and the precautions to be
taken where particular substances or articles are put
into them; and
(e) the steps to be taken by occupiers of premises to
facilitate the collection of waste from the receptacles.’
4. Section 476) states ‘A person who fails, without
reasonable excuse, to comply with any requirements
imposed under subsection (2) or (4) above shall be
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
liable on summary conviction to a fine not exceeding
level 3 on the standard scale.’
5. Section 48 of the Clean Neighbourhoods and
Environment Act 2005 inserts Section 47ZA (2) into the
Environmental Protection Act 1990. This section provides
local authorities with powers to issue fixed penalty
notices to people who commit an offence under section
47 of Environmental Protection Act 1990.
6. Fixed penalty notices for commercial refuse offences
shall be issued in line with the ‘Fixed Penalty Notice
Procedure – Domestic and Commercial Refuse’ which
has been attached as Appendix I.
7. The amount of the fixed penalty notice for commercial
refuse offences are detailed in section 7 of the Council’s
document titled ‘Isle of Wight Council’s Enforcement
Policy on the Use of Fixed Penalty Notices for
Environmental Offences’.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
2. Scope
1. The Environmental Protection Act 1990 section 34(1)
provides powers to local authorities to require businesses
2k. Waste
to have a duty of care on the waste they produce.
(Documentation)
2. Section 34 (1) states ‘Subject to subsection (2) below, it
shall be the duty of any person who imports, produces,
carries, keeps, treats or disposes of controlled waste or,
as a broker, has control of such waste, to take all such
measures applicable to him in that capacity as are
reasonable in the circumstances—
(a) to prevent any contravention by any other person of
section 33 above;
(aa) to prevent any contravention of regulation 9 of the
Pollution Prevention and Control (England and
Wales) Regulations 2000 or of a condition of a permit
granted under Regulation 10 of those Regulations;
(b) to prevent the escape of the waste from his control or
that of any other person; and
(c) on the transfer of the waste, to secure—
(i) that the transfer is only to an authorised person or to
a person for authorised transport purposes; and
(ii) that there is transferred such a written description of
the waste as will enable other persons to avoid a
contravention of that section and to comply with the
duty under this subsection as respects the escape of
waste.’
2. Section 34(2) states ‘The duty imposed by subsection
(1) above does not apply to an occupier of domestic
property as respects the household waste produced on
the property. However, subsection 2a states “It shall be
the duty of the occupier of any domestic property in
England [or Wales] to take all such measures available
to him as are reasonable in the circumstances to secure
that any transfer by him of household waste produced
on the property is only to
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
an authorised person or to a person for authorised
transport purposes.’
4. Section 45 of the Clean Neighbourhoods and
Environment Act 2005 inserts Section 34A into the
Environmental Protection Act 1990. This section
provides local authorities with powers to issue fixed
penalty notices to people who commit an offence under
section 34(6) of Environmental Protection Act 1990.
5. Fixed penalty notices cannot be issued to those who
commit an offence under subsection 34(2a) in respect to
domestic waste. The maximum penalty for this offence is
on summary conviction, to a fine not exceeding the
statutory maximum and on conviction on indictment, an
unlimited fine.
5. Fixed penalty notices for waste offences shall be issued
in line with the ‘Fixed Penalty Notice Procedure – Waste
(Documentation) which has been attached as Appendix
J.
6. The amount of the fixed penalty notice for waste offences
are detailed in section 7 of the Council’s document titled
‘Isle of Wight Council’s Enforcement Policy on the Use of
Fixed Penalty Notices for Environmental Offences’.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
2. Scope
1. The Refuse Disposal (Amenity) Act 1978 section 2
provides powers to local authorities to deal with a person
2l. Abandoned
who abandons motor vehicles or any part of one on the
Vehicles
highway.
2. Section 2(1) states ‘any person who, without lawful
authority,—
(a) abandons on any land in the open air, or on any
other land forming part of a highway, a motor vehicle or
anything which formed part of a motor vehicle and was
removed from it in the course of dismantling the vehicle
on the land; or
(b) abandons on any such land any thing other than a
motor vehicle, being a thing which he has brought to the
land for the purpose of abandoning it there,
shall be guilty of an offence and liable on summary
conviction to a fine of an amount not exceeding [level 4
on the standard scale or imprisonment for a term not
exceeding three months [51 weeks] or both].’
3. Section 2(2) states ‘For the purposes of subsection (1)
above, a person who leaves any thing on any land in
such circumstances or for such a period that he may
reasonably be assumed to have abandoned it or to have
brought it to the land for the purpose of abandoning it
there shall be deemed to have abandoned it there or, as
the case may be, to have brought it to the land for that
purpose unless the contrary is shown.’
4. Section 10 of the Clean Neighbourhoods and
Environment Act 2005 inserts Section 2A into the Refuse
Disposal (Amenity) Act 1978. This section provides local
authorities with powers to issue fixed penalty notices to
people who commit an offence under section 2 of The
Refuse Disposal (Amenity) Act 1978.
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5. The maximum penalty for this offence is on summary
conviction a fine of an amount not exceeding level 4 on
the standard scale or imprisonment for a term not
exceeding three months or both.
6. Fixed penalty notices for abandoned vehicle offences
shall be issued in line with the ‘Fixed Penalty Notice
Procedure – Abandoned Vehicles which has been
attached as Appendix K.
7. The amount of the fixed penalty notice for abandoned
vehicle offences are detailed in section 7 of the Council’s
document titled ‘Isle of Wight Council’s Enforcement
Policy on the Use of Fixed Penalty Notices for
Environmental Offences’.
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3. Under 18s
1. Fixed penalty notices can be issued to anyone over the
age of 10.
2. Children’s service authorities, including local authorities
and police, have a duty under the Children Act 2004 to
discharge their functions by having regard to the need to
safeguard and uphold the welfare of children.
3. Fixed penalty notices for youths aged between 16 and 18
can be issued on the spot in accordance with each
procedure.
4. If an officer has reason to believe that the offender may
be younger than 16 years of age, then they should follow
the guidance in section 5 below.
5. If an officer has reason to believe that the offender is
younger than 16 years of age they should obtain the
person’s name and address and explain that an
appointment will be made with their parent or guardian to
discuss the offence.
6. Two officers will attend the meeting and in consultation
with the youth’s parent/guardian decide on an
appropriate course of action. These are:
- no further action. Should the youth offend again, a
verbal warning shall be issued unless the offence is of a
nature where more serious action is required.
- a verbal warning. Should the youth offend again, a
written warning shall be issued unless the offence is of a
nature where more serious action is required.
- a written warning. Should the youth offend again, a
fixed penalty notice shall be issued unless the offence is
of a nature where more serious action is required.
- the issue of a fixed penalty notice. Should the youth
offend again, enforcement action through the courts and
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referred to Anti social Behaviour Team and the Youth
Offending Team.
7. Under 16’s who are repeat offenders shall be dealt with
in accordance with sections 5 and 6 above.
8 A person under 17 is to be treated as a juvenile for the
.
purposes of the Police & Criminal Evidence Act Codes of
Practice and should not be interviewed without the
presence of an ‘appropriate adult’. An appropriate adult
is the young person’s parent or legal guardian, or if the
young person is in care, an adult from the care authority.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
4. Difficulties
1. It is an offence if the offender does not give correct
details to an authorised officer unless it relates to Parking
Obtaining
or Smoke Free offences.
Details
2. Authorised officers do not have the powers to arrest or
detain offenders. Police Community Support Officers
have the power to detain offenders for up to 30 minutes.
3. If an offender fails to give their name and address or the
officer has reason to believe that the details are false, the
person shall be informed that if he continues to fail to
give details or give false details, a request for Police
assistance shall be made. If the person still fails to co-
operate a call for police assistance shall be made to a
designated person. This person will make contact with
the Police and obtain an estimated time of arrival. The
designated person shall then ring the officer back
informing them of the estimated time of arrival.
4. If the offender refuses to stay and makes off, officers
shall, if deemed safe to do so, follow the person at a safe
distance in an attempt to obtain an address or car
registration number. The officer should then make
contact with the Police and give them any information
obtained.
If
identity
can
be
obtained,
officers
accompanied by the Police shall visit the offender and
collect all relevant details. In this circumstance
enforcement action will be taken through the courts.
5. If an incident happens outside office hours the officer
shall ring the outside office hour designated number. This
person will make contact with the Police and obtain an
estimated time of arrival. The designated person shall
then ring the officer back informing them the estimated
time of arrival.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
6. If the offender then provides the required details a call
shall be made by the officer to cancel Police assistance.
7. At any time during a request for information an officer
becomes concerned about their safety, he shall walk
away from the situation and make appropriate notes in
his note book. Every effort shall then be made to identify
the person from the information obtained and a visit will
be made with a Police officer to obtain all relevant
information. In this circumstance a fixed penalty notice
can still be issued, however consideration should be
given to taking enforcement action through the courts.
8. Where an offender who originally refused to give details
or gave false details, but provides correct details after
being warned, or before the Police arrive shall be issued
a fixed penalty notice.
9. Enforcement action through the courts shall be taken
against offenders who only give correct details after
being required to do so by a police officer. This will be
for the original offence and failure to provide details as
requested by an authorised officer.
10.If a fixed penalty notice is not paid and subsequent
investigations prove that the offender gave incorrect
details, enforcement action shall be taken through the
courts for the original offence and failure to provide name
and address to an authorised officer.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
5. Repeat
1. Should the same person commit the same offence more
than once in any twelve month period, consideration shall
Offenders
be given to prosecuting the individual rather than issuing
a further fixed penalty notice.
2. All legal action shall be carried out in accordance with the
enforcing department/partners enforcement policy.
3. This Section does not apply to Parking Offences.
4. After obtaining the offender’s details the authorised
officer suspects that the offender has previously
committed the same offence within a twelve month
period, contact shall be made with a designated officer
to check accordingly.
5. If it is confirmed that the offender has committed the
same offence within a twelve month period, a fixed
penalty notice shall not be issued. The offender shall be
informed that he has committed a subsequent offence
within a twelve month period and the Council will
consider taking legal action through the court system.
6. If upon further scrutiny it is established that the offender
has not committed a subsequent offence within a twelve
month period, a fixed penalty notice shall be issued in
accordance with this document.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
6. Challenges
1. Within 5 working days of receipt of a challenge for a fixed
penalty notice, a panel consisting of the issuing officer, a
designated officer from the enforcing department and, if
deemed necessary, a legal representative shall meet to
review the challenge.
2. The panel will review the evidence and decide if the
notice was served correctly. The panel should consider
the following:
- did an offence occur?
- was the notice served on the right person?
- do the details on the notice correspond with the date
and time of the offence?
- was the notice correctly completed?
- any other mitigating factors or reasonable excuses.
3. Following the outcome of the review, the panel has two
options:
a) enforce the notice
or
b) revoke the notice.
4. The decision of the panel shall be documented. The
person making the challenge shall be informed in writing
within 5 days of the decision and the reasons why the
panel arrived at that decision.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
Appendix A
FIXED PENALTY NOTICE PROCEDURE
Littering
A person is seen to drop litter in a public place
Give the person time to remove the litter. If he shows no sign of removing the litter he has committed an
offence.
Identify the litter, approach the offender, and introduce yourself showing your ID. State that you believe
that he has committed an offence under the Environmental Protection Act 1990 by failing to remove the
litter he dropped.
If the person is under 18
Explain that you require his name and address which should be noted
follow guidance below.
in your note book along with the time, date and location. At this stage it
is advisable to take him back to where the litter was dropped.
If he refuses to give his details, caution him,
On receiving his name and address ask if there was
if he still refuses then call the Police.
a valid reason why he did not pick up the litter.
If he walks off before police arrive
Is he a known
If yes, advise him to
make details in note book. Brief
previous offender?
be more aware.
If no
description, car reg. etc
No Further Action.
Explain that you are required to issue a fixed penalty notice
which, if paid, would prevent him having to go to court.
If yes
If he refuses to accept the FPN then explain that it
If he accepts it, complete the FPN making
will be referred to the Council and formal action
sure all sections have been filled in. Give him
may be taken against him in Magistrate’s Court
top copy and explain when and where he
which may result in a fine of up to £2500.
needs to pay. Ask him to remove the litter.
Before leaving location complete note book.
Before leaving location complete note book
On returning to the office complete a statement
On returning to the office give the second
and pass the information to the designated officer
copy to the designated officer for entry on
for action.
computer system.
Action to be taken in line with Enforcing
Notice to be monitored for payment in
Department’s Enforcement Policy
accordance with s.7 and s.9 of ‘The Isle of
Wight Council’s Enforcement Policy –The Use
of Fixed Penalty Notices’.
At all times obtain name and address and explain that parent/guardian will be contacted. If under 16, do
not issue notice, a visit will be made to offender’s house and punishment discussed with parent/guardian.
* If he is a known previous offender, a FPN shall not be issued. Explain that it is believed that he had
committed a similar offence and action may now be taken through the Magistrates Court.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
Appendix B
FIXED PENALTY NOTICE PROCEDURE
Dog Fouling
A dog is seen to foul land
Give the person time to remove the faeces. If he shows no sign of removing the faeces he has
committed an offence.
Locate faeces, approach the offender, and introduce yourself showing your ID.
If the offender is under
16, refer to procedure for dealing with young offenders. State that you believe that he has
committed an offence under the Dogs (fouling of land) Act 1996 by failing to remove the dog’s faeces
forthwith
If the person is under 18
Explain that you require his name and address which should be
follow guidance below.
noted in your note book along with the time date and location.
Take him back to the site of the faeces.
If he refuses to give his details, caution him,
On receiving his name and address ask if there
if he still refuses then call the Police.
was a valid reason why he did not pick up the
faeces.
If he walks off before police arrive
make details in note book. Brief
Is he a known
If no
previous offender?
If yes, advise him
description, car reg. etc
to be more aware.
No Further Action.
Explain that you are required to issue a fixed penalty notice
which, if paid, would prevent him having to go to court.
If yes
If he refuses to accept the FPN then explain that it
If he accepts it, complete the FPN making
will be referred to the Council and formal action
sure all sections have been filled in. Give him
may be taken against him in Magistrate’s Court
top copy and explain when and where he
which may result in a fine of up to £1000.
needs to pay. Ask him to remove the faeces.
Before leaving location complete note book.
Before leaving location complete note book
On returning to the office complete a statement
On returning to the office give the second
and pass the information to the designated officer
copy to the designated officer for entry on
for action.
computer system.
Action to be taken in line with Enforcing
Notice to be monitored for payment in
Department’s Enforcement Policy
accordance with s.7 and s.9 of ‘The Isle of
Wight Council’s Enforcement Policy –The Use
of Fixed Penalty Notices’.
At all times obtain name and address and explain that parent/guardian will be contacted. If under 16, do
not issue notice, a visit will be made to offender’s house and punishment discussed with parent/guardian.
If he is a known previous offender a FPN shall not be issued. Explain that it is believed that he had
committed a similar offence and action may now be taken through the Magistrates Court.
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Isle of Wight Council’s Enforcement Policy on the use of Fixed Penalty Notices for Environmental Offences’
Appendix C
FIXED PENALTY NOTICE PROCEDURE
Dog Exclusion
A dog is seen not to be in an Exclusion Area
Approach the offender, and introduce yourself showing your ID.
If the offender is under 16, refer to
procedure for dealing with young offenders. State that you believe that he has committed an
offence under the Dogs Exclusion (Isle of Wight) Order 2008 by being in an exclusion area.
If the person is under 18
Explain that you require his name and address which should be
follow guidance below.
noted in your note book along with the time date and location.
If he refuses to give his details, caution him,
On receiving his name and address ask if there
if he still refuses then call the police.
was a valid reason why he walking his dog that
area.
If he walks off before police arrive
make details in note book. Brief
description, car reg. etc
If no
Is he a known
If yes, advise him to
previous offender?
be more aware.
No Further Action.
Explain that you are required to issue a fixed penalty notice
which if paid would prevent him having to go to court.
If yes
If he refuses to accept the FPN then explain that it
If he accepts it, complete the FPN making
will be referred to the Council and formal action
sure all sections have been filled in. Give him
may be taken against him in Magistrates Court
top copy and explain when and where he
which may result in a fine of up to £1000.
needs to pay. Ask him to remove the faeces.
Before leaving location complete note book.
Before leaving location complete note book
On returning to the office complete a statement
On returning to the office give the second
and pass the information to the designated officer
copy to the designated officer for entry on
for action.
computer system.
Action to be taken in line with Enforcing
Notice to be monitored for payment in
Departments Enforcement Policy
accordance with s.7 and s.9 of ‘The Isle of
Wight Council’s Enforcement Policy –The Use
of Fixed Penalty Notices’.
At all times obtain name and address and explain that parent/guardian will be contacted. If under 16, do
not issue notice, a visit will be made to offender’s house and punishment discussed with parent/guardian.
* If he is a known previous offender a FPN shall not be issued. Explain that it is believed that he had
committed a similar offence and action may now be taken through the Magistrates Court.
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‘Isle of Wight Council’s Enforcement Policy on the use of Fixed Penalty Notices for Environmental Offences’
Appendix D
Dog Exclusion Areas
Cowes
The beach from the eastern edge of the public slipway adjacent to the junction of Egypt Hill and
Queens Road, eastwards to a point immediately north of the eastern edge of Princes Green for the
area from the promenade walk out to mean low watermark.
East Cowes
The beach from the eastern edge of the first set of steps eastwards from the slipway opposite the
public toilets at East Cowes Esplanade for approximately 100 metres to the western edge of the
next set of steps
Freshwater Bay
The Beach from the slip way at the eastern edge of the promenade at Freshwater Bay to a point
approximately 150 metres to the western edge of the steps in front of the Albion Hotel.
Gurnard
The beach from the eastern edge of the public slipway at the junction of Shore Road, and the
promenade walk eastwards for approximately 218 metres to the western edge of the groyne
adjoining the electricity substation on Princes Esplanade for the area from the promenade walk out
to mean low watermark.
The beach from an imaginary line running north/south from the western edge of the footpath
adjoining the electricity substation in Marsh Road westwards for approximately 155 metres to the
eastern edge of the slipway in Marsh Road for the area from the seawall out to mean low
watermark.
Ryde
The beach from the eastern edge of St.Thomas’ Slip Way to Ryde Pier for a distance of 100
metres out from the seawall.
The beach from a point immediately east of the Ryde Harbour boundary wall eastwards to Appley
Tower for a distance of 100 metres out from the seawall.
The beach from the Dell Cafe at Puckpool, to a point 200 metres westwards, for a distance of 100
metres out from the seawall.
Sandown
The beach adjacent to the Public Conveniences at Lake Slipway, north to a point approximately
1634 metres to the groyne opposite Fort Street and Sandham Grounds.
Seaview
The beach from a point immediately east of the first set of steps westwards from Puckpool Hill,
Puckpool at its junction with Springvale Road eastwards to the floodgate culvert at the Duver Road
Tollgate for a distance of 100 metres out from the seawall.
The beach from the western edge of the groyne opposite the Α Old Boat House Α Pier Road
Seaview westwards for approximately 230 metres to the steps adjoining the seaward side of
Woodside Pier Road Seaview for a distance of 100 metres out from the seawall.
Shanklin
The beach from the Chine Shanklin, to the southern edge of the first groyne, along the Shanklin to
Sandown Revetment.
Totland
The beach between Colwell Chine and Warden Point Totland
The beach at the western side of the pier, to a point approximately 270 metres to the western edge
of the esplanade in line with the Waterfront Restaurant.
Ventnor
The beach between Linnington Groyne and Water Edge Ventnor.
Yarmouth
The beach known as Love Shore Beach Yarmouth, extending 33 metres west from the steps
leading to Loves Lane to the first landing stage.
Yaverland
The beach from the slipway, eastern edge of Yaverland Car Park, to a point approximately 225
metres to the Western edge of the car park, adjacent to the steps/groyne.
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‘Isle of Wight Council’s Enforcement Policy on the use of Fixed Penalty Notices for Environmental Offences’
Appendix E
FIXED PENALTY NOTICE PROCEDURE
Dogs off Leads
A dog is seen not on a lead while being walked adjacent to a road/street
Approach the offender, and introduce yourself showing your ID.
If the offender is under 16, refer to
procedure for dealing with young offenders. State that you believe that he has committed an
offence under the Dogs on Leads (Isle of Wight) Order 2008 by failing to have his dog on a lead
adjacent to a road or street.
If the person is under 18
Explain that you require his name and address which should be
follow guidance below.
noted in your note book along with the time date and location.
Take him back to the site of the faeces.
If he refuses to give his details, caution him,
On receiving his name and address ask if there
if he still refuses then call the Police.
was a valid reason why he walking his dog off a
lead
If he walks off before police arrive
make details in note book. Brief
If no
Is he a known
If yes, advise him
description, car reg. etc
previous offender?
to be more aware.
No Further Action.
Explain that you are required to issue a fixed penalty notice
which, if paid, would prevent him having to go to court.
If yes
If he refuses to accept the FPN then explain that it
If he accepts it, complete the FPN making
will be referred to the Council and formal action
sure all sections have been filled in. Give him
may be taken against him in Magistrates Court
top copy and explain when and where he
which may result in a fine of up to £1000.
needs to pay. Ask him to remove the faeces.
Before leaving location complete note book.
Before leaving location complete note book.
On returning to the office complete a statement
On returning to the office give the second
and pass the information to the designated officer
copy to the designated officer for entry on
for action.
computer system.
Action to be taken in line with Enforcing
Notice to be monitored for payment in
Departments Enforcement Policy
accordance with s.7 and s.9 of ‘The Isle of
Wight Council’s Enforcement Policy –The Use
of Fixed Penalty Notices’.
At all times obtain name and address and explain that parent/guardian will be contacted. If under 16 do not
issue notice, a visit will be made to offender’s house and punishment discussed with parent/guardian.
* If he is a known previous offender a FPN shall not be issued. Explain that it is believed that he had
committed a similar offence and action may now be taken through the Magistrates Court.
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‘Isle of Wight Council’s Enforcement Policy on the use of Fixed Penalty Notices for Environmental Offences’
Appendix F
FIXED PENALTY NOTICE PROCEDURE
Smoke Free Offences
A person is seen smoking in a smoke free area or incorrect signage is displayed.
Approach the offender/owner, and introduce yourself showing your ID. State that you believe that he
has committed an offence under the Health Act 2006 by smoking in a smoke free area/having incorrect
signage.
If the person is under 18
Explain that you require his name and address which should be
follow guidance below.
noted in your note book along with the time date and location.
If he refuses to give his details, caution him,
On receiving his name and address ask if there
if he still refuses then call the police.
was any reason why he was smoking/why
incorrect signage. Record in note book
If he walks off before police arrive
make details in note book. Brief
Is he a known
If yes, advise him to
If no
description, car reg. etc
previous offender?
be more aware.
No Further Action.
Explain that you are required to issue a fixed penalty notice
which if paid would prevent him having to go to court.
If yes
If he refuses to accept the FPN then explain that it
If he accepts it, complete the FPN making
will be referred to the Council and formal action
sure all sections have been filled in. Give him
may be taken against him in Magistrate’s Court
top copy and explain when and where he
which may result in a fine of up to £200 or £1000.
needs to pay.
Before leaving location complete note book
.
Before leaving location complete note book
On returning to the office complete a statement
On returning to the office give the second
and pass the information to the designated officer
copy to the designated officer for entry on
for action.
computer system.
Action to be taken in line with Enforcing
Notice to be monitored for payment in
Departments Enforcement Policy
accordance with s.7 and s.9 of ‘The Isle of
Wight Council’s Enforcement Policy –The Use
of Fixed Penalty Notices’.
At all times obtain name and address and explain that parent/guardian will be contacted. If under 16 do
not issue notice, a visit will be made to offenders house and punishment discussed with
parent/guardian.
If he is a known previous offender a FPN shall not be issued. Explain that it is believed that he had
committed a similar offence and action may now be taken through the Magistrates Court.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
Appendix G
FIXED PENALTY NOTICE PROCEDURE
Graffiti
A person is seen writing, painting, soiling,
Designated officer to ring Police and arrange for
marking or other defacing of property.
a Police Officer to attend. An incident number
Ring designated office to arrange for a Police
should be obtained and also an estimated time
Officer to attend
of arrival. Inform officer if Police are able to
.
attend.
While awaiting the attendance of Police Officer, approach the offender and introduce yourself showing
your ID. State that you believe that he has committed an offence under the Criminal Damage Act 1971 by
defacing property and that you have called for police assistance.
Take a photograph of defacement if
camera available.
If the person is under 18
Explain that you require his name and address which should be
and/or if the Police are unable
noted in your note book along with the time date and location.
to attend.
If he refuses to give his details, caution him,
On receiving his name and address ask if there
and remind him that the Police are on their
was a valid reason why he did the graffiti.
way
On arrival of Police
If he walks off before police arrive
Officer check with
If yes, make a note of
make details in note book. Brief
If no
them to see if he is
the reason.
description, car reg. etc
a repeat offender
No further action.
Explain that you are required to issue a fixed penalty notice
which, if paid, would prevent him having to go to court.
If yes, Police will deal
with the matter.
If he accepts it, complete the FPN making sure
If he refuses to accept the FPN then explain that
all sections have been filled in. Give him top
it will be referred to the Police and formal action
copy and explain when and where he needs to
may be taken against him in.
pay.
Before leaving location complete note book.
Before leaving location complete note book
On returning to the office give the second copy
On returning to the office complete a statement
to the designated officer for entry on computer
and pass the information to the designated
system.
officer for action.
Notice to be monitored for payment in
Information to then be passed to the Police
accordance with s.7 and s.9 of ‘The Isle of Wight
Council’s Enforcement Policy –The Use of Fixed
Penalty Notices’.
Do not issue a Fixed Penalty Notice. Obtain name and address and explain that the mater will be dealt
with at a later time with the Police. If under 16, advise a visit to their home will be made with a Police
Officer at a later date and an appropriate punishment discussed with their parent/guardian
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
Appendix H
FIXED PENALTY NOTICE PROCEDURE
Fly Posting
A person is seen fly posting which contravenes Country Planning (Control of Advertisements)
Regulations 1992 i.e. adverts on buildings or street furniture without the permission of the owner and
without the required planning consent. If the fly posting is of a large scale, (many adverts in close
proximity) it should be reported directly to Planning Enforcement Team.
Approach the offender, and introduce yourself showing your ID. State that you believe that he has
committed an offence under the Town and Country Planning Act 1990 section 224(3). Ask for them to
show you Planning Consent or assertion if he has the owner’s permission.
Take a photograph of fly posting if a camera is available and keep a copy of the poster(s).
If the person is under
Explain that you require his name and address and the person or
18 follow guidance
organisation he is under taking the work for. This information shall be
below.
noted in your note book along with the time date and location.
If he refuses to give his details, caution him,
On receiving his name and address ask if there
if he still refuses then call the police.
was a valid reason (Planning
Consent/permission) why he was fly posting that
particular location/property.
If he walks off before police arrive
make details in note book. Brief
If no
Is he a
If yes, make a note of
description, car reg. etc
known
the reason.
Take no
previous
further action.
offender?
Explain that you are required to issue a fixed penalty
notice which if paid would prevent him having to go to
court.
If yes
If he refuses to accept the FPN then explain that it
If he accepts it, complete the FPN making
will be referred to the Council and formal action
sure all sections have been completed. Give
may be taken against him in Magistrate’s Court.
him top copy and explain when and where
he needs to pay. Also inform him that you
Before leaving location complete note book.
will be reporting the offence to the Planning
Department with a view to taking
enforcement action against the beneficiary.
On returning to the office complete a
On returning to the office give the second copy to the
statement and pass the information to
designated officer for entry on computer system.
the designated officer for action.
Complete a statement and send it to Planning
Enforcement detailing the beneficiary date, time and
details of the offence you witnessed.
Action shall be taken in line with
Enforcing Departments Enforcement
Notice to be monitored for payment in accordance with
Policy.
s.7 and s.9 of ‘The Isle of Wight Council’s Enforcement
Policy –The Use of Fixed Penalty Notices’.
At all times obtain name and address and explain that parent/guardian will be contacted. If under 16 do
not issue notice, a visit will be made to offender’s house and punishment discussed with
parent/guardian
If he is a known previous offender a FPN shall not be issued. Explain that it is believed that he had
committed a similar offence and action may now be taken through the Magistrates Court.
Page 36 of 44
Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
Appendix I
FIXED PENALTY NOTICE PROCEDURE
Domestic & Commercial Refuse
It is noted that a commercial or domestic premise is placing refuse out on the highway/pavement before
19:00 hours on the day before the collection day, or waste is being inappropriately contained either on
private land or on the highway. Note book entry should be made detailing how the person knows the
refuse came from the reported premises. The date and time shall also be recorded.
If not a
previous
Refer name and address to Town Centre Manager.
If a previous
offender
Check to make sure the premise is not a previous
offender
offender.
Town Centre Manager to send the standard warning letter to property/premises within 7 days of being
notified. Town Centre Manager then to inform all enforcing officers in their area that a letter has been
sent.
If the premise continues to place their refuse out for collection too early or inappropriately contained,
note book entry(ies) should be made detailing how the officer knows the refuse came from the reported
premises. All dates and times shall also be recorded. Details should then be reported to Town Centre
Manager who will serve notice by hand on the occupiers of that premises. The notice will require them
not to place refuse out for collection for more than 12 hours before the allocated collection day.
The person receiving the notice has 21 days to appeal to the Magistrate’s Court only if a receptacle is
required. No further enforcement, when there is a requirement for a receptacle shall take place unless
21 days have elapsed.
There is no right of appeal for any other requirement and all notices will stipulate with ‘immediate effect’.
Appeal Lodged
No Appeal lodged or no ability to appeal
Officer(s) who witnessed the waste continuing
If premises breaches the conditions outlined
being placed out and the Town Centre Manager
in the notice a fixed penalty notice will be
will make statements. Statements shall be
served.
handed to Case officer.
On returning to the office give the second
If the Court up
If the Court does not
copy to the designated officer for entry on
holds the appeal no
up hold appeal
computer system.
further action can
further action can be
be taken.
taken.
Notice to be monitored for payment in
accordance with s.7 and s.9 of ‘The Isle of
Wight Council’s Enforcement Policy –The Use
of Fixed Penalty Notices’.
If the premise is a known previous offender and a fixed penalty notice has already been served on them
for the same offence. Action to be taken in line with Enforcing Departments Enforcement Policy
Page 37 of 44
Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
Appendix J
FIXED PENALTY NOTICE PROCEDURE
Waste - Documentation
It is noted that a commercial premise is placing refuse out for collection either with domestic refuse it is
believed they have no waste collection contract. Note book entry should be made detailing how the
person knows the refuse came from the reported premises and why they suspect they have no waste
collection contract. The date and time shall also be recorded.
If not a
Refer name and address to Town Centre Manager.
If a previous
previous
Check to make sure the premise is not a previous
offender
offender
offender
Town centre Manager to send standard warning letter to property/premises within 7 days of being
notified. Town Centre Manager then to inform all enforcing officers in their area that a letter has been
sent
A visit shall be made after 7 days of the date of the standard letter. If the premise has no waste
collection contract a fixed penalty notice will be served Details of the offence shall be noted in the
officers note book.
If the premises refuses to
The person receiving the notice has 14 days to appeal to the
accept the notice explain
Magistrate’s Court. No further enforcement shall take place until 14
that enforcement action will
days have elapsed.
be taken through the courts.
Appeal Lodged
No Appeal
Still does
Accepts
not Accepts
Notice
Notice
Officer(s) who witnessed the waste continuing
If premises breaches the conditions outlined
being placed out and the Town Centre Manager
in the notice a fixed penalty notice will be
will make statements. Statements shall be
served.
handed to Case officer.
On returning to the office give the second
If the Court upholds
If the Court does not
copy to the designated officer for entry on
the appeal no
up hold appeal
computer system.
further action can
further action can be
be taken.
taken.
Notice to be monitored for payment in
accordance with s.7 and s.9 of ‘The Isle of
Wight Council’s Enforcement Policy –The Use
of Fixed Penalty Notices’.
Officer(s) and Town Centre Manager shall make statements. Statements shall be handed to case officer
to take action in line with the enforcing department’s enforcement policy
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
Appendix K
FIXED PENALTY NOTICE PROCEDURE
Abandoned Vehicles
A car is identified as being abandoned on any land in the open air, or on any other land forming part of a
highway as detailed in section 2 of The Refuse Disposal (amenity) Act 1978
Note car details including make and model, colour and registration number. Also make note if it is taxed
and its location. Take a photograph of the car and its registration number if a camera is available.
Details of the abandoned vehicle shall be referred to The Abandoned Vehicles Officer in Engineering
Services.
If the person is under 18
The Abandoned Vehicle Officer to make enquiries to
follow guidance below.
identify the details of the registered keeper.
If the vehicle is removed by the IWC and it is deemed to
be appropriate a fixed penalty notice will be issued on the
If he is a known previous
registered keeper. An accompanying letter shall be sent
offender consideration
informing the owner that if the notice is not paid within 14
should be given to taking
days he may be prosecuted for the original offence under
action through the
section 2 of the Refuse Disposal (amenity) Act 1978 in
Magistrate’s Court.
the Magistrate’s court where the maximum fine is £2,500
or imprisonment for a term not exceeding three months or
both.
If under 16, do not issue notice, a
visit will be made to offender’s
Second copy of fixed penalty notice to be sent to the
house and punishment discussed
designated officer for entry on computer system
with parent/guardian. A fixed
penalty notice can be issued to
people aged 16 and over.
Notice to be monitored for payment in
accordance with s.7 and s.9 of ‘The Isle of
Wight Council’s Enforcement Policy –The Use
of Fixed Penalty Notices’.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
Appendix L
FIXED PENALTY NOTICE PROCEDURE
Approaching an Offender and Issuing a Fixed Penalty Notice
On witnessing an offence you shall enter the details into your note book. Including date, time location, what
actually happened and a brief description of the offender(s).
You shall then approach the offender and identify yourself as an Authorised Officer of the Isle of Wight
Council showing them your ID card. You should inform them that you believe they have committed and
offence and explain to them what the offence is.
You shall then ask them if they were aware that they had committed an offence. If no, then explain what
they had done and if possible take them back to the location and show the evidence i.e. litter, dog fouling,
graffiti. You shall then inform them that you are required to obtain their name and address.
If the person is not willing give
If the person is under 18
If the person is willing to give
name and address.
follow guidance below.
name and address enter the
information which given is entered
into your note book.
Explain that it is an offence not to provide you
with their name and address. Also inform them
that if they fail to do so you will call for Police
assistance.
Inform the person they committed a criminal
offence and you are required to issue a caution.
Then issue the caution, reading it
from note
book and make a note of the time when you
issued the caution. Ask if they understand the
If person still refuses to give name address
caution. If not explain.
details ring for Police assistance. If person
walks away make notes of conversation etc,
follow if safe to do so making notes of
addresses or making note of car registration
Explain to the person that you are required to
number. Cancel Police assistance.
offer them the opportunity to accept a FPN which
if paid within the given time will prevent them from
going to court. If they choose not to accept it
Inform ‘Single Point of Contact’ or senior officer
inform then that the Council will consider dealing
of the incident and complete a statement.
with the offence through the Courts.
If they refuse to accept a FPN again inform
If the person accepts the FPN then complete all
them that the Council will deal with the offence
the information on the FPN and issue the top
through the Magistrate’s court and if convicted
copy to the person. When handing it to them
they may be liable to a criminal record and a
ensure you let them know about the reduced
higher fine than that of the FPN.
amount and how to pay.
If under 16, do not issue notice, a visit will be
Second copy of the FPN to handed to ‘Single
made to offender’s house and punishment
Point of Contact’ within 24 hours.
discussed with parent/guardian. A fixed penalty
notice can be issued to people aged 16 and
over.
The ‘Single Point of Contact’ to enter the FPN
details onto the IT system within 24 hours.
IF AT ANY TIME DURING DISCUSION YOU FEEL YOUR SAFETY IS BEING COMPROMISED YOU ARE
TO TERMINATE THE CONVERSATION AND MAKE A NOTE IN YOUR NOTE BOOK ACCORDINGLY.
YOUR SAFETY IS PARAMOUNT AND MUST NOT BE PUT AT RISK
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
Appendix M
FIXED PENALTY NOTICE
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
Appendix N
CHART OF OFFENCES AND PENALTIES
Part C – Table of Offences
Discounted
Full amount
Max penalty
Code
Description of Offence
Amount
of penalty
on conviction
FP/01 Depositing Littering
£50 (10 days)
£75 (11-14 days)
£2,500
Sections 87 and 88 of the Environmental Protection Act 1990
FP/02 Failing to Remove Dog Faeces Forthwith
N/A
£50 (14 days)
£1,000
Section 3 and 4 of the Dogs (fouling of Land) Act 1996
FP/03 Graffiti
£50 (10 days)
£75 (11-14 days)
£5,000
Section 43(1) of the Anti Social Behaviour Act 2003 & Section 1(1) of the Criminal Damage Act 1971
FP/04 Fly Posting
£50 (10 days)
£75 (11-14 days)
£1,000
Section 43(1) of the Anti Social Behaviour Act 2003 & Section 224(3) of the Town and Country Planning Act 1990
FP/05 Failing to Display Appropriate Signage in a Smoke Free Place
Section 7 (1) and 9(1) of the Health Act 2006
£150 (15 days)
£200 (16-29 days) £1,000
FP/06 Smoking in a Smoke Free Place
£30 (15 days)
£50 (16-29 days)
£200
Section 7 (2) and 9(1) of the Health Act 2006
FP/07 Failure to Comply with a Waste Receptacle Notice (Dom) £75 (10 days)
£100 (11-14 days ) £1,000
Sections 46(6) 47ZA of the Environmental Protection Act 1990
FP/08 Failure to Comply with a Waste Receptacle Notice (Com)
£75 (10 days)
£100 ((11-14 days £1,000
Sections 47(6) 47ZA of the Environmental Protection Act 1990
FP/09 Failure to Produce Documentation – Waste Transfer Notes £180 (10 days)
£300 (11-14 days) £ Unlimited
Section 34(5) and Regulations made under Section 34(6)/34A the Environmental Protection Act 1996
FP/10 Abandoned Vehicles – Unlawful Dumping
£120 (10 days)
£200
£5,000 &/or
Sections 2(1) & 2A the Refuse Disposal (Amenity) Act 1978
3 months imprisonment
FP/11 Failing to have a Dog on a Lead
£50 (10 days)
£75 (11-14 days)
£1,000
The Dogs on Leads (Isle of Wight) Order 2008
FP/12 Failing to Remove Dog Faeces Forthwith
£50 (10 days)
£75 (11-14 days)
£1,000
The Fouling of Land by Dogs (Isle of Wight) Order 2008
FP/13 Allowing a dog to enter or Remain in a Dog Exclusion Area £50 (10 days)
£75 (11-14 days)
£1,000
The Dogs Exclusion (Isle of Wight) Order 2008
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
Appendix O
RISK ASSESSMENT RECORD
Work Area/Work Activity Covered By Assessment:
THE ISSUING OF FIXED PENALTY NOTICES Personnel Involved:
TOWN CENTRE MANAGERS, COMMUNITY SUPPORT OFFICERS, DOG WARDENS AND ENVIRONMENATL HEALTH STAFF
Non-Employees Affected:
MEMBERS OF THE PUBLIC WHO WITNESS THE ENFORCEMENT ACTION
Assessor’s Name:
KEVIN WINCHCOMBE
Date Of Assessment:
08 February 2008
Item
Hazards
Risk Identified
Existing Precautions
Remedial Action
Priority for Remedial Action
No.
Identified
1
Violence and
Verbal abuse and All staff trained in dealing with
Approved IWC Violence and
All staffed to be booked on
Aggression
physical attacks.
violence and aggression.
Aggression training to include
approved training by April 08.
understanding of IWC
Observance of guidance and policy
policy/guidance.
All staff to be informed of
regarding violence and aggression.
appropriate reporting process
ASAP.
Appropriate training based around
All new members of staff to
Review all individual training
the Operational Strategy.
receive/attend appropriate
needs by April 2008.
training as deemed necessary.
2
Lone Working Assistance not
All staff to follow the set procedures
Bi-monthly monitoring to ensure
All staff to be informed IWC Lone
available to staff
for lone working.
officers using Lone Working
Working System ASAP.
injured or taken ill
System.
at work.
Observe the Isle of Wight Council’s
policy for lone working.
Pre-arranged monitoring to deal
Implement a ‘buddy’ system for
with a predetermined offence to
enforcement officers.
be carried out in twos.
If personal safety becomes
compromised, conversation to be
terminated.
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Isle of Wight Council’s Operational Strategy on the Use of Fixed Penalty Notices for Environmental Offences
Appendix O
2
Lone Working Assistance not
Mobile Telephones for use of Lone
If required call for Police
Quick dial number added to
Cont.
available to staff
Working and call for assistance.
assistance.
officer’s mobile telephone.
injured or taken ill
at work.
All new staff to be registered with Check to make sure all staff are
Council Lone Working System.
registered and to register those
who are not.
3
Animal Bites
Bites, scratches,
Training to read the signs when an
Organise training for all
Source an appropriate training
mauling and
attack is likely to occur.
enforcement staff.
course or tutor to run a session
attacks by dogs.
on this.
4
Review of
Non-compliance
All staff to be made aware of the risk Officers reminded of risk
Review system to be
risk
with this
assessments and will receive a copy assessments during PDP
implemented and cascaded to
assessments
assessment.
with the Operational Strategy.
process.
relevant officers.
Operational Strategy to be annually
Appropriate staff to be made
All line managers to be made
reviewed. Risk assessment forms
aware of current risk
aware of risk assessment so that
part of the strategy, therefore annual assessments.
it can be reviewed as a part of
review should be undertaken.
PDP process.
THE REMEDIAL ACTION REQUIRED MUST REFLECT THE RATING GIVEN FOR THE RISK. REMEMBER! RISK ASSESSMENT IS A
CONTINUOUS PROCESS, ANY SIGNIFICANT CHANGE WILL REQUIRE RE-ASSESSMENT
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