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Fixed Penalty Notices (FPN) for Environmental Crimes

Since the Clean Neighbourhoods and Environment Act 2005 became law, new measures have been introduced, enabling local authorities to issue Fixed Penalty Notices to anyone committing an environmental crime.

The Isle of Wight Council is committed to dealing with environmental crime by the use of Fixed Penalty Notices. From 2nd April 2008 authorised officers of the Council including Town Centre Managers, Dog Wardens, Community Support Officers and staff from Environmental Health will be issuing FPN for a range of crimes detailed in the chart below.

The use of Fixed Penalty Notices provide a quick, visible and effective way of dealing with low level environmental crimes and are an alternative to prosecution.

Payment of the FPN by the recipient discharges their liability to conviction for the offence for which it was issued. It does not constitute an admission of guilt, but removes the possibility of the recipient receiving a record of a criminal conviction.

A FPN will only be issued where an officer has reason to believe a person has committed an offence and there is sufficient evidence to support a successful prosecution.

Offenders who refuse to accept or fail to pay a FPN may be dealt with through the courts and if convicted could receive a substantially higher fine and a criminal record.

The following chart outlines the offences and the legislation where FPN can be served. It also details the levels of the fees, the discounted amount and the maximum penalty on conviction.


Table of Offences
Description of Offence
Discounted Amount
Full amount of penalty
Max penalty on conviction
Depositing Litter
Sections 87 and 88 of the Environmental Protection Act 1990
 £50
(10 days)		 £75
(11-14 days)		 £2,500
Graffiti
Section 43(1) of the Anti Social Behaviour Act 2003 & Section 1(1) of the Criminal Damage Act 1971 		£50
(10 days)		 £75
(11-14 days)		 £5,000
Fly Posting
Section 43(1) of the Anti Social Behaviour Act 2003 & Section 224(3) of the Town and Country Planning Act 1990 		£50
(10 days)		 £75
(11-14 days)		 £1,000
Failing to Display Appropriate Signage in a Smoke Free Place
Section 6 (1) and 9(1) of the Health Act 2006 		£150
(15 days)		 £200
(16-29 days)		 £1,000
Smoking in a Smoke Free Place
Section 7 (2) and 9(1) of the Health Act 2006 		£30
(15 days)		 £50
(16-29 days)		 £ 200
Failure to Comply with a Waste Receptacle Notice (Dom)
Sections 46(6) 47ZA of the Environmental Protection Act 1990
£75
(10 days)		 £100
(11-14 days) 		£1,000
Failure to Comply with a Waste Receptacle Notice (Com)
Sections 47(6) 47ZA of the Environmental Protection Act 1990
£75
(10 days)		 £100
(11-14 days)		 £1,000
Failure to Produce Documentation – Waste Transfer Notes
Section 34(5) and Regulations made under Section 34(6)/34A the Environmental Protection Act 1990 		£180
(10 days)		 £300
(11-14 days)		 Unlimited
Abandoned Vehicles – Unlawful Dumping
Sections 2(1) & 2A the Refuse Disposal (Amenity) Act 1978
£120
(10 days)		 £200
(11-14 days)		 £5,000 &/or
3 months imprisonment
Failing to have a Dog on a Lead
The Dogs on Leads (Isle of Wight) Order 2008 		£50
(10 days)		 £75
(11-14 days)		 £1,000
Failing to Remove Dog Faeces Forthwith
The Fouling of Land by Dogs (Isle of Wight) Order 2008
 £50
(10 days)		 £75
(11-14 days)		 £1,000
Allowing a dog to enter or Remain in a Dog Exclusion Area
The Dogs Exclusion (Isle of Wight) Order 2008
£50
(10 days)		 £75
(11-14 days)		 £1,000


For further information regarding the use of FPN please refer to the Council’s Enforcement Policy for the Use of Fixed Penalty Notices or contact the Safer Neighbourhood Partnership at Charter House, 14 St Thomas Square, Newport, Isle of Wight PO30 1SL. Tel:01983 550980.


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