Litter Wardens patrolling private land

The request was successful.

Valerie Sakseide

Dear North East Lincolnshire Council,
In light of a recent incident where two members of the Kingdom Enforcement team were patrolling the car park of Tescos Cleethorpes store and issued a penalty notice to an elderly female for supposedly dropping a cigarette end on the ground, I would like to know what jurisdiction the Officers, who are working on behalf of NELC, have? Have NELC been asked by Tescos to have these wardens patrol this car park? My understanding is that unless the landowners declare it is an offence to drop litter on their property, it is not deemed an offence and does not warrant a penalty notice charge being issued. Do NELC have an agreement with Tescos that Kingdom Enforcement are allowed to patrol their car parks? If so, are the electorate of NELC privvy to this information and happy that part of their council tax is being used to fund this? Surely a huge company like Tescos are able to fund their own litter enforcement team!

Yours faithfully,

Valerie Sakseide

Freedom Of Information (NELC), North East Lincolnshire Council

Dear Sir / Madam

I am pleased to acknowledge your request for information, which has been allocated the reference number NELC/28473/2324

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Yours sincerely

North East Lincolnshire Council

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Freedom Of Information (NELC), North East Lincolnshire Council

Dear Sir / Madam

 

Thank you for your information request, reference number NELC/28473/2324
which requested:

 

In light of a recent incident where two members of the Kingdom Enforcement
team were patrolling the car park of Tescos Cleethorpes store and issued a
penalty notice to an elderly female for supposedly dropping a cigarette
end on the ground, I would like to know what jurisdiction the Officers,
who are working on behalf of NELC, have? Have NELC been asked by Tescos to
have these wardens patrol this car park? My understanding is that unless
the landowners declare it is an offence to drop litter on their property,
it is not deemed an offence and does not warrant a penalty notice charge
being issued. Do NELC have an agreement with Tescos that Kingdom
Enforcement are allowed to patrol their car parks? If so, are the
electorate of NELC privvy to this information and happy that part of their
council tax is being used to fund this? Surely a huge company like Tescos
are able to fund their own litter enforcement team!

 

I can confirm that North East Lincolnshire Council holds the following
information.

 

Under Environmental Protection Act 1987, it is an offence for any person
to litter in any place that is open to air that the general public have
access to, therefore issuance in this location is lawful and therefore no
agreement with the landowner is needed.  

 

If a person in receipt of a fixed penalty notice wishes to appeal, there
are details on how to do this on the back of the fixed penalty notice.

 

If you believe that your request for information has not been handled in
accordance with the Freedom of Information Act, you have the right to
request an internal review by the Council. If you wish to request an
internal review, please write to us detailing the reasons why. Please be
clear about which elements of the Council’s response or handling of the
request you are unhappy with, and would like the Council to address during
the internal review process.  If following this you are still dissatisfied
you may contact the Office of the Information Commissioner.

 

Yours sincerely

 

North East Lincolnshire Council

 

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