Fixed Penalty Notice (FPN)
A Fixed Penalty Notice (FPN) is a penalty payment for committing an environmental crime. Our environmental enforcement officers, from the third-party specialist Kingdom Service Group, are issuing fixed penalty notices to individuals and businesses caught committing environmental crimes. Once the FPN is paid, this stops the penalty from progressing to a registered fine or conviction in some circumstances.
Our team of environmental enforcement officers will be wearing Body Worn Cameras, which will only be switched on when approaching people to issue fines and record conversations. The environmental enforcement officers will also let people know that they are being recorded.
The increase in enforcement activities is part of the Council’s Keep Barnet Clean campaign, which aims to catch those who undertake environmental crime. This campaign, which began in July 2016, has been publicised heavily. This has included bus panel posters and six sheet high street posters across the borough, media releases (newspapers), the Barnet Council website and social media outlets such as Twitter and Facebook.
Environmental crimes that can receive an FPN
Dropping litter anywhere is an offence. Litter is everything from food packaging to cigarette butts and chewing gum. It can also include feeding birds.
Dog fouling: £100
If your dog fouls in a public place and you fail to pick it up it, it is an offence.
It is an offence to spit on public surfaces, roads, pavements or streets.
It is an offence to urinate on public surfaces, roads, pavements or streets.
It is an offence to display advertising material on buildings and street furniture without the consent of the owner.
Fly-tipping: £400 (you could also be prosecuted)
Fly-tipping is the illegal dumping of waste. It can vary in scale significantly, from a bin bag of rubbish, to larger bulky waste items being dumped, such as mattresses or white goods.
Commercial waste duty of care: £300
Businesses have a duty of care to ensure their waste is removed by a licensed waste carrier. If we suspect a business is not dealing with its waste responsibly, we can issue a notice requiring the production of waste transfer documents. Failure to produce the documents results in the issue of a fine. Businesses can find out more about their commercial waste responsibilities.
Time banded collection regulations breaches: £120
We have introduced specific times in which households and businesses in town centres must put out their waste for collection. Households as well as some businesses in time banded areas will need to put their recycling and waste out in sacks for collection rather than using bins. Households will have clear sacks for recycling and purple sacks for general refuse available to them. Businesses who have collections with Barnet Council will have blue sacks for recycling and red sacks for refuse waste available to them.
You may receive a fine or face prosecution if you put your recycling and waste out for collection outside of these times or not in the correct coloured bags. Our Enforcement Team will be monitoring the streets to ensure that waste is put out and collected correctly.
You can find out more here time banded collections
How to pay a fine
- Online payment system
- 24 hour automated payment line – 0333 313 9146
All major cards accepted
- Pay by cash at any pay point (find my nearest)
Failing to pay the fine may make you liable to conviction for the offence
Appealing an FPN
There are no formal grounds of appeal against an FPN. It is an invitation for you to discharge your liability to prosecution. In essence this means that whilst this is not an admission of your guilt, you do agree that an offence has been committed and that by paying the sum of money specified, no further action will be taken by, or on behalf of the Council.
If you have any mitigating circumstances regarding the FPN you received, then please write to the following address:
Or Telephone 0800 781 6229
Failing to pay an FPN
If you do not pay the FPN within 14 days from the date of issue, we will send you a Final Warning Letter to remind you that the payment is overdue. The Final Warning Letter gives you a further 7 days to pay the FPN. If you still do not pay within 7 days after the date of the Final Warning Letter, the case will be referred for prosecution at a Magistrate’s court
The Council will prosecute unpaid FPNs
Please be aware that the Council is taking a ‘no nonsense’ approach to environmental crime and will prosecute defendants who do not pay their FPNs. Since the environmental enforcement activities commenced in July 2016, approximately 250 individuals have been successfully prosecuted at Court. Fines for these individuals vary, dependent upon the specific circumstances of the case, ranging from £300 -£400.
Why your business might receive an FPN for commercial waste duty of care
Every business has a duty of care to deal responsibly with any waste it produces. Business waste includes any waste coming from: shops and offices, construction, demolition, industry, agriculture, any other commercial activity and includes businesses that are operated from home. This duty of care lasts from the moment you produce the waste, to when it is received by a business that is authorised to deal with it, such as a licenced disposal site or a registered waste carrier.
Environmental enforcement officers are visiting businesses across the borough. They are from the third-party specialist Kingdom Service Group. They check every business is dealing with any waste that they produce responsibly. The environmental enforcement officers when visiting a business, can issue a duty of care notice to a business if they suspect that the business is not dealing with the waste they produce in a responsible manner. This duty of care notice requires the business to provide to Kingdom Service Group the following documentation within 7 days:
- A written description of the waste transferred by the business
- The transfer note (or copies) for a period of two years from the transfer of the controlled waste
If the business does not provide the documentation to Kingdom Service Group within 7 days, then the business will be issued with an FPN.
How to ensure you don't receive an FPN for littering
Place all litter that you generate in one of the many litter bins provided by the Council across the borough. However, please be aware that it is not feasible for the Council to place litter bins on every street, road and highway across the borough, as this would not be practical or affordable. Every effort is being made to place litter bins across the borough where they are needed. Where bins are not available, then it is up to residents to act responsibly and carry your litter to a bin or take your litter home.
Improperly discarded cigarette butts are littering and you can be issued with an FPN for not disposing of your cigarette butts correctly. Care should be taken to avoid any risk of fire and cigarette butts should be completely extinguished before the butt is placed in the bin. On certain litter bins across the borough, primarily in the retail centres, a ‘butt plate’ is provided where the cigarette can be fully extinguished before placing in the bin. However, as a smoker, it also advised that you carry a portable ‘butt bin’ that you can place extinguished cigarette butts in, if there is no bin nearby.
Disposing of dog fouling to avoid an FPN
Please also be aware that dog fouling, once bagged, can be placed in any litter bin across the borough, not only the designated dog fouling bins.
The areas the council is targeting
Environmental enforcement activities are undertaken borough wide. This is all to the basis approved by the Barnet Council Environment Committee on the 8th March 2016. Specific attention is on key retail centres. Locations across the borough that have key transport infrastructures in place; such as Finchley Central, Golders Green and North Finchley, are areas that receive a high number of FPNs due to the large influx of people within these locations. Enforcement activity will be operated on a borough-wide basis, ensuring that all areas receive support in terms of litter reduction.
The legal powers that enable Barnet Council to issue FPNs
The Council has powers from a number of areas including the:
- Clean neighbourhoods and Environment Act (2005)
- Environmental Protection Act (1990)
- Anti-Social Behaviour, Crime & Policing Act (2014)
- Environmental Act (1995)
How the money from FPNs will be used
Primarily, the income derived from the FPNs will be used to fund the service. From the 1st February 2019 30% of any income derived from the issuing of Fixed Penalty Notices will be shared with the Council and reinvested into Waste Enforcement and Environmental Crime activity to help Keep Barnet Cleaner and Safer.
General Data Protection Regulation (GDPR)
Individuals can make requests relating to the rights and information held on them by email to firstname.lastname@example.org