188体育

District councils and some other authorities must keep land in their area clear of litter and refuse (including dog mess), as far as is practicable.

Authorities who must keep land clear

The councils that are litter authorities are:

• county councils
• district councils
• single-tier councils (unitary authorities)
• London borough councils
• the Common Council of the City of London
• the Council of the Isles of Scilly

Other authorities are responsible for litter on all or parts of their own land. These include:

• Crown authorities
• educational institutions
• Network Rail and rail and tram operators
• water companies

Land councils must keep clear

Council litter authorities are responsible for land where all of the following apply:

• it鈥檚 open to the air on at least one side
• it鈥檚 under their direct control
• it鈥檚 publicly accessible (with or without payment)

This is called 鈥榬elevant land鈥�. Relevant land includes beaches (above the average high water mark).

Highways

Councils must also keep any highway they鈥檙e responsible for both clean and clear of litter and refuse (as far as is practicable).

Code of practice on litter and refuse

Litter authorities must 鈥榟ave regard to鈥� the code of practice on litter and refuse which explains how different types of land should be kept clear.

This means they must consider the code, and they must follow it unless there are clear, justifiable reasons not to do so in specific circumstances.

How to deal with littering

It鈥檚 an offence to drop litter on land or into water that鈥檚 accessible to the public even if it鈥檚 private land. This applies to private land that the public can access, for example a right of way.

Offenders can be prosecuted in a magistrates鈥� court and fined up to 拢2,500.

Litter droppers can get fixed penalty notices (FPNs). If they don鈥檛 pay the FPN they can be prosecuted.

FPNs aren鈥檛 appropriate for:

• people who leave their rubbish out for collection at the wrong time
• someone who drops litter accidentally
• cases where it鈥檚 not in the public interest
• repeat offenders (they should be prosecuted)

Public space protection orders

Councils can issue public space protection orders (PSPOs) for problems in public spaces, including the control of dogs.

PSPOs can make it an offence if dog owners do any of the following:

• don鈥檛 clean up after their dogs
• allow their dogs to enter particular places that have a PSPO, like playgrounds or parks

Dealing with litter from businesses

Councils can issue community protection notices (CPNs) to require businesses or individuals to:

• clear litter from around their premises
• take steps to prevent future littering

Failure to comply with a CPN is an offence.

CPNs have replaced street litter control notices (SLCNs). SLCNs also gave councils the power to require businesses to clear litter from around their premises. Councils can no longer issue SLCNs, but they must keep a public register of existing SLCNs as long as they鈥檙e in force.

Members of public must be able to do both of the following:

• inspect the register free of charge
• copy the register for a reasonable charge

Litter abatement orders

A litter authority can be taken to court if they don鈥檛 keep publicly accessible land that they鈥檙e responsible for clear of litter and refuse.

A litter authority can avoid court action if they clear the land within 5 days of being notified.

Courts can issue a litter abatement order (LAO) requiring the litter authority to clear land of litter within a certain time.

A litter authority is breaking the law if they don鈥檛 comply with an LAO and can be fined up to 拢2,500. They can also get further fines of up to 拢125 a day for each day the offence continues after conviction.

Cleaning and clearing roads

When clearing or cleaning roads, councils must do both of the following:

• warn approaching traffic using signs and barriers
• follow instructions from highways authorities about when cleaning can be done

If they need to restrict traffic, councils must apply to the highway authority for a traffic regulation order.

Removing refuse that blocks roads

If there鈥檚 an object on the road, councils (or the Highways Agency if it鈥檚 a trunk road) should either:

• remove it immediately if it鈥檚 a danger to road users
• issue the owner of the object with a notice to remove it within a set time, if it鈥檚 not an immediate danger

If the owner doesn鈥檛 remove the object, councils can do one of the following:

• remove the object and apply to the magistrates鈥� court for a disposal order
• apply to a magistrates鈥� court for a removal and disposal order

Other ways to keep land clear

Councils have other powers to keep land clear by:

• removing abandoned vehicles
• removing abandoned shopping trolleys
• controlling leafleting