Fixed Penalty Notices (FPNs) can be an effective enforcement tool as an alternative to prosecution.

The number of FPNs being issued for litter has increased markedly in the last few years and the explicit definition of smoking materials as litter is likely to see that trend continue. The CNEA 2005 has introduced a greater degree of flexibility into the FPN regime.

The level of the FPN can now be set locally within a range of £50 – £80, with an option for a reduced rate for early payment. In addition, the CNEA 2005 has enabled officers of a Parish Council and those not in the direct employment of the Local Authority, such as a cleansing contractor, to be authorised to issue FPNs for this offence.

Another power that has been introduced is the offence of an offender either failing to give a name and address or of giving incorrect details to an authorised enforcement officer. It is highly recommended that local authorities develop an enforcement strategy to ensure that consistent and appropriate penalties are issued.

This will also ensure that in the event of non-payment of a FPN, the original offence is pursued through the magistrates’ court.

The information on this page has been reproduced from the DEFRA (Department for Environment, Food and Rural Affairs) publication "Preventing Cigarette Litter in England", which is here available as a PDF download. This Publication © Crown copyright 2007. This information is also available from the DEFRA web site.