In February 2006, the Council decided that “Fixed Penalty Notices” should be used in the Waveney District to deal with certain types of environmental crime. You can view the full text of the Fixed Penalty Notices Report (66Kb) (opens new window) leading to that decision.

The offences are summarised in the table below, together with the level of the Fixed Penalty fine set in Waveney:

Sec	Offence	Standard Penalty (14 days)	Amount if paid within 10 days	Maximum fine for non payment
S6(1) Clean Neighbourhoods and Environment Act 2005	Nuisance parking	£100	£60
S2A(1) Refuse Disposal and Amenity Act 1978	Vehicle abandonment	£200	£120
S88(1) Environmental Protection Act 1990	Litter	£80	£60	£2,500
S94a(2) EPA 1990	Street litter & litter control notices	£80	£60	£2,500
Sch3A para 7(2) EPA 1990	Leaflet distribution	£80	£60	£2,500
S43 Anti-social Behaviour Act 2003	Graffiti & Fly posting	£80	£60	Unlimited
S5B(2) Control of Pollution( Amendment) Act 1989	Failure to produce waste transfer note	£300	£180	Unlimited
S34A(2) EPA 1990	Failure to provide waste carrier licence	£300	£180	Unlimited
S47ZA(2) EPA1990	Offences re waste receptacles	£80	£60	£1,000
S59(2) CNEA 2005	Offences re dog control orders	£80	£60	£1,000
S73(2) CNEA 2005	Failure to nominate alarm keyholder	£80	£60	£1,000
S8 Noise Act 1996	Noise from dwellings	£80	£60	£1,000
S8 Noise Act 1996	Noise from licensed premises	£500	N/A	£1,000

FPN v Court Summons

Fixed Penalty Notices are issued whenever there is sufficient evidence that somebody has committed one of these offences.

A Fixed Penalty Notice may be issued in preference to a court summons, since it provides a very simple and quick way of dealing with an offence where the offender acknowledges responsibility (whereas, a Court Summons may take several weeks to process and require a costly, distressing and time-consuming appearance in court, even if the offender intends to admit the offence.).

Dealing with environmental offences with a Fixed Penalty Notice means that the offender avoids a criminal record, PROVIDED the fine is paid (i.e. received by the Council) within 14 days of the notice being given.


Failiure to pay

A person who fails to pay a fixed penalty after receiving a Fixed Penalty Notice will receive a court summons. The maximum fines for non-payment are shown in the right hand column of the table above. A conviction of failing to pay a Fixed Penalty Notice does result in a criminal record.

Money received from fixed penalties is kept by the local authority and re-invested in maintaining a cleaner, safer environment. Money from court convictions for non-payment of fixed penalty notices goes straight to the Government.

The offences for which a Fixed Penalty Notice may be issued are set out in the Clean Neighbourhoods and Environment Act 2005

The Fixed Notice form contains full details about how to pay.


Who can issue FPNs?

People authorised to issue such fines will ALWAYS be able to provide identification.

You should ALWAYS check thoroughly the ID of anyone who approaches you claiming to be a public official.

These types of fine are often referred to as “on the spot fines”. This is slightly misleading. The person issuing a ticket on behalf of the Council will NEVER require payment “on the spot”.