A lot of work goes into keeping Winchester a pleasant, clean and tidy district for residents and visitors alike. An important part of this work is tackling issues such as littering, dog fouling and antisocial behaviour. One of the tools used by Winchester to tackle these issues is FPNs.
FPNs are offered for certain offences as an alternative to prosecution but whether or not you will be offered an FPN will depend on the circumstances of the offence. If you are offered an FPN following the commission of an offence but chose not to accept it, the file will be passed to the legal team to list with the court.
Below is a list of offences Winchester City Council currently issues FPNs for, together with the set penalties:
Offence
Law
Penalty
Littering
Environmental Protection Act 1990 Sections 87 and 88
£75
Dog Fouling
Fouling of Land Act 1996
£50
Fly Posting
Anti social Behaviour Act 2003 Section 43
£75
Fly Tipping
Section 33 of the Environmental Protection Act 1990
£400*
Cycling on footpaths
Highways Act 1835 Section 72
£30
Breach of Community Protection Notice
Anti social Behaviour, Crime and Policing Act 2014 Section 43
£100
Breach of Public Spaces Protection Order
Anti social Behaviour, Crime and Policing Act 2014
£100
*Where perpetrators of low level fly tipping are identified the penalty has been set to reflect the damage to the environment, local community and the cost to the local authority in clearing the waste material and detecting the offence. It should also act as a deterrent against future offending, both for the identified offender and, if suitably publicised, for others who may be minded to fly-tip
Designated officers of Winchester City Council and Police Community Safety Officers (PCSO’s) on behalf of Winchester City Council have the authority to issue FPN’s.
The council is not required to place warning signs regarding litter or dog fouling or to inform that patrols are taking place. However, there are signs up in appropriate areas.
Once bagged, dog waste can be placed in any litter bin, not only the designated dog waste bins.
Where bins are not available, it is up to you to act responsibly and carry your litter to a bin or take it home to dispose of.
There are no formal grounds of appeal against a FPN. If you do not agree that an offence has been committed the matter will be dealt with through prosecution via the courts. Therefore the formal court route is effectively the appeal process. It should be noted that the financial penalty imposed by the courts can be significantly higher than the FPN. For example, the maximum penalty which can be imposed by the courts for littering is £2,500.
For more information regarding FPN’s please contact the Community Safety and Neighbourhood Services Team on; 01962 840 222 or by email communitysafety@winchester.gov.uk
