These notices are available to the Council as an alternative to prosecuting someone who has committed an offence. The offer of a fixed penalty notice is not always made – in some circumstances the Council will seek to prosecute a person even though a fixed penalty notice is available as an alternative.
Paying a fixed penalty notice allows a person to discharge any liability to conviction for that offence.
This page explains how we use fixed penalty notices to combat “enviro crime”, offences such as littering and leaving dog mess behind.
How the Council uses Fixed Penalty Notices
Rotherham Metropolitan Borough Council’s Enforcement Officers patrol the Borough to detect and deter enviro crime offences. They are trained in the detection of enviro crime, and act as witnesses in any court proceedings taken by the Council.
They have the authority to issue Fixed Penalty Notices for offences including littering and dog fouling.
Littering - This offence is described in the Environmental Protection Act 1990 in Section 87 as amended. In essence the Act prohibits people from throwing down, dropping or otherwise depositing litter. Litter is not defined but includes chewing gum and smoking waste.
If our Enforcement Officers see litter being dropped or thrown from a car, or find litter that has been deposited, they will decide whether they consider an offence has been committed.
Dog fouling – This offence is described in the Dogs (Fouling of Land) Act 1996. In essence, the Act says that if a person in charge of a dog fails to remove its faeces from the land forthwith, an offence has been committed. This law applies to any land designated by the Council. All public areas including parks and streets are designated areas in Rotherham. From April 2006, fixed penalty notices may be issued under the Clean Neighbourhoods and Environment Act 2005 which will replace the Dogs (Fouling of Land) Act 1996.
If our Enforcement Officers see anyone in charge of a dog walking away from its faeces, they will decide whether they consider that an offence has been committed.
For both these types of offences, once the Enforcement Officer is satisfied that an offence has been committed, the officer will then decide whether it is appropriate to offer a Fixed Penalty Notice.
Offering a Fixed Penalty Notice
If it is considered appropriate to offer the person a "Fixed Penalty Notice", the person will where practicable be told about this offer, and where practicable will be left a written notice at the time. The Notice will make it clear that it is an opportunity to avoid going to court by paying a penalty, and that if the person chooses not to pay, the matter will be referred to the court.
If it is not appropriate to issue a Fixed Penalty Notice, the Enforcement Officer will advise the person of this where practicable and they will be advised of the action to be taken at a later date. This might include a formal, taped interview and the issue of a summons to appear in court.
When do we offer a Fixed Penalty Notice?
Fixed Penalty Notices are not usually offered to someone who has received one before, but they are considered in all other circumstances.
Fixed Penalty Notices are only available in environmental law for littering and dog fouling, but the new Clean Neighbourhoods and Environment Act will bring it in as a possible course of action for certain offences in certain circumstances, including graffiti and noise.
What does paying a Fixed Penalty mean?
Fixed Penalty Notices do not constitute a "fine" or a "conviction" - these sanctions are only available to magistrates.
Appeals
Anyone receiving a Fixed Penalty Notice can appeal to the Council against it’s issue. We will take the facts of the case from both the Enforcement Officer involved and the person appealing into account, and will advise the person in writing whether their appeal has been allowed.
For further information on Fixed Penalty Notice's please use our online e-form below:
Neighbourhood Enforcement e-Form
Appeal Against a Fixed Penalty
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