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Penalty notices and fines

Report environmental problems including litter dropping, smoking in prohibited areas, vehicle repairs on highways, illegal car sales, illegal street trading.

Everyone has a legal responsibility to dispose of waste properly. Our Corporate enforcement policy provides information on how we protect the environment. We enforce a variety of Acts, including Medway Council Act 2004 and our Environmental & Street Scene Enforcement Teams can issue fixed penalty notices for the following offences:

Offence Act Amount of penalty if paid within 10 days (£)  Full amount of penalty if paid within 14 days (£) Maximum penalty on conviction (£)
Depositing litter Sections 87 / 88 of the Environmental Protection Act 1990 60 80 2,500
Failure to comply with a Community Protection Notice Section 48/52 Anti Social Behaviour, Crime & Policing Act 2014 70 100 20,000
Failure to comply with a Public Spaces Protection Order Sections 67/68 Anti Social Behaviour Crime & Policing Act 2014 70 100 1,000
Failure to produce waste documents Sections 34(5) (and regulations made under it), 34(6) and 34A of the Environmental Protection Act 1990 N/A 300 5,000 (or, on indictment, an unlimited fine)
Failure to produce authority to transport waste Sections 5 and 5B of the Control of Pollution (Amendment) Act 1989 N/A 300 5,000
Unauthorised distribution of free printed matter Schedule 3A, paragraphs 1(1) and 7 of the Environmental Protection Act 1990 60 80 2,500
Fly-posting Sections 43 and 44 of the Anti-Social Behaviour Act 2003 60 80 2,500
Abandonment of a vehicle Sections 2 and 2A of the Refuse Disposal (Amenity) Act 1978 150 200 2,500 and/or imprisonment
Repairing vehicles on a road Sections 4, 5 and 6 of the Clean Neighbourhoods and Environment Act 2005 80 100 2,500
Graffiti Sections 43/43A/43B and 44 of the Anti-Social Behaviour Act 2003 60 80 5,000 and/or imprisonment
Failure to comply with a waste receptacles notice  Sections 46, 47, 47ZA and 47ZB of the Environmental Protection Act 1990

Commercial -75

Domestic     -60

110

80

1,000
Failure to comply with a dog control order Dog Control Orders made by Medway Council relating to dog fouling/control of dogs 2009 & 2014 60 80 1,000
Smoking within a smoke free premises, place or vehicle Section 7 of the Health Act 2006 30 50 200
Failure to display no smoking signs in a smoke free premises, place or vehicle Section 6 of the Health Act 2006 150 200 1,000

We also deal with untidy land issues using enforcement powers under the Town and Country Planning Act 1990.

Further information is available on this website about smoke free legislation and FAQs

More information is available on this website about the council's wider role in the enforcement of legislation.

Appeals

Unfortunately, the law makes no allowance for appeals on the issuing of any Fixed Penalty Notices.

For example:

Leaving litter is an offence contrary to section 87 of the Environmental Protection Act 1990 (EPA).

A person found guilty of the offence at a magistrate’s court is liable to a fine not exceeding level 4 on the standard scale. This is currently set at £2,500.

However, it is recognised that most litter offences do not warrant such attention. Therefore the EPA makes provision for the alleged offender to discharge any liability to prosecution by way of a fixed penalty notice.

This means that by paying the penalty, you will never be prosecuted for the particular offence. The payment of the penalty is not an admission of guilt and does not result in conviction or a criminal record.

It is your right to take advantage of this opportunity. As explained above, the law makes no provision for appeal. Therefore if you wish to plead your innocence or make known any mitigating circumstances, it will be necessary for the case to be heard at a magistrate’s court.

To summerise, because there has been no conviction at this point, there can be no appeal.

If you wish to have your case heard in court, you need to take no further action. A summons will be issued upon you on notice of non-payment of the fixed penalty notice.

Payment

When making payment the Fixed Penalty Notice number should always be quoted as the reference.

Payment can easily be made online using a debit or credit card.

On the Smoke Free Fixed Penalty Notice, there is an option to request a court hearing. The appropriate section on the Fixed Penalty Notice should be completed and returned to the issuing officer at Gun Wharf.

Wrong address

If a fixed penalty notice has been served at your address, but the person named does not live there, phone 01634 33 33 33.