Fixed penalty notices - powers and penalty levels

Anti-social Behaviour, Crime and Policing Act 2014, section 48

Failing to comply with a community protection notice

Power to issue notice: Anti-social Behaviour, Crime and Policing Act 2014, section 52

Statutory range for the fixed penalty: up to £100

Set locally at £100

Anti-social Behaviour, Crime and Policing Act 2014, section 63 or 67

Failing to comply with a public spaces protection order

Power to issue notice: Anti-social Behaviour, Crime and Policing Act 2014, s.68

Statutory range for the fixed penalty: up to £100

Set locally at £100

Clean Neighbourhoods & Environment Act 2005, Section 3

Exposing vehicles for sale on a road

Power to issue notice: Clean Neighbourhoods and Environment Act 2005, section 6

Set in law nationally at £100

Clean Neighbourhoods & Environment Act 2005, Section 4

Repairing vehicles on a road

Power to issue notice: Clean Neighbourhoods and Environment Act 2005, section 6

Set in law nationally at £100

Control of Pollution (Amendment) Act 1989, section 5(2)(a)

Failure to produce authority to transport waste

Power to issue notice: Control of Pollution (Amendment) Act 1989, section 5B

Set in law nationally at £300

Criminal Damage Act 1971, section 1(1)

Damaging / defacing property (less than £5,000)

Power to issue notice: Anti-social Behaviour Act 2003, section 43

Statutory range for the fixed penalty: £65 to £100

Default amount £100

Set locally at default amount

(would only be issued in rare circumstances and after decision with police/CPS)

Environmental Protection Act 1990, section 33(1)(a)

Depositing controlled waste on land without the authority of an environmental permit   

Power to issue notice: Environmental Protection Act 1990, section 33ZA

Statutory range for the fixed penalty: £150 to £1,000

Set locally at £200, unless trade waste is involved when it is £300

From 1 April 2024 set locally for first offence at £250, unless trade waste is involved when it is £400.  For second and subsequent offence, set at £400, unlss trade waste is involved when it is £700.

Environmental Protection Act 1990, section 34(2A)

Failing to comply with the duty in relation to the transfer of household waste

Power to issue notice: Environmental Protection Act 1990, section 34ZA

Statutory range for the fixed penalty: £150 to £600

Default amount £200

Set locally at default amount, until 31 March 2024 when it is £250.

Environmental Protection Act 1990, section 34(6), and The Waste (England & Wales) Regulations 2011

Failing to produce waste transfer documents as required by notice

Power to issue notice: Environmental Protection Act 1990, section 34A

Set in law nationally at £300

Environmental Protection Act 1990, section 47(6)

Failing to comply with requirements of statutory notice (trade waste)

Power to issue notice: Environmental Protection Act 1990, section 47ZA

Statutory range for the fixed penalty: £75 to £110

Set locally at £110

Environmental Protection Act 1990, section 87(1)

Depositing litter

Power to issue notice: Environmental Protection Act 1990, section 88

Statutory range for the fixed penalty: £65 to £500

Set locally at £75 or £100.

Civil penalty under Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018, regulation 6

The amount is the amount set for the criminal fixed penalty above, increasing by 100% with effect from the day after the last day of the fixed penalty payment period.

Environmental Protection Act 1990, section 94B, Schedule 3A

Distributing free printed matter on designated land without consent

Power to issue notice: Environmental Protection Act 1990, paragraph 7 of Schedule 3A

Statutory range for the fixed penalty: £65 to £150

Default amount £100

Set locally at default amount

Health Act 2006, section 7

Smoking in a smoke-free place

Power to issue notice: Health Act 2006, section 9

Set nationally at £50, with discount to £30 for early payment

Highways Act 1980, section 132(1)

Painting or affixing unauthorised mark/sign on highway structure

Power to issue notice: Anti-social Behaviour Act 2003, section 43

Statutory range for the fixed penalty: £65 to £500

Default amount £100

Set locally at default amount

Noise Act 1996, section 4(1)

Night-time noise (from domestic premises)

Power to issue notice: Noise Act 1996, section 8

Statutory range for the fixed penalty: £75 to £110

Set locally at £110

Noise Act 1996, section 4A(1), as amended

Night-time noise (from commercial premises)

Power to issue notice: Noise Act 1996, section 8

Set nationally at £500

Town & Country Planning Act 1990, Section 224(3), and Town and Country Planning (Control of Advertisements) (England) Regulations 2007, regulations 4 and 30

Displaying advertisement in contravention of regulations

Power to issue notice: Anti-social Behaviour Act 2003, section 43

Statutory range for the fixed penalty: £65 to £500

Default amount £100

Set locally at default amount

Environment Act 1995, section 87(8) and Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002

Section 42 of the Road Traffic Act 1988, section 42 and Road Vehicles (Construction and Use) Regulations 1986

Stationary vehicle engine idling offence in contravention of construction and use regulations

Power to issue notice: Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002, where request to stop engine is ignored

Set nationally at £20

Late payment surcharge when summons or written charge posted

Default £50, if not the actual costs or an amount agreed at court with prosecutor.

Lesser penalty amount for early payment

For the offences to which The Environmental Offences (Fixed Penalties) (England) Regulations 2017 sets the fixed penalty amounts and ranges, no discount amount is set under regulation 8, 9 or 11. Accordingly, for consistency and equitability, no discount amount is set for the purposes of regulations 6(6) – (8) of the Littering From Vehicles Outside London (Keepers: Civil Penalties) Regulations 2018.

No discounts have been set for the purposes of section 68 of the Anti-social Behaviour, Crime and Policing Act 2014 or sections 33ZA or 34ZA of the Environmental Protection Act 1990.