Safety: Public Opinion

To improve public perception of safety with regard to litter and graffiti, the Government has enabled and supported local action by providing a clear legal framework of statutory powers and responsibilities of local councils and setting national standards. Local councils have legal powers to take enforcement action against both littering and graffiti offenders. Anyone caught littering or graffitiing may be prosecuted in a magistrates’ court. Alternatively, councils may decide to issue a fixed penalty (on-the-spot fine) of up to £500. Councils also have powers to tackle any persistent or unreasonable behaviour that is having a negative effect on a community’s quality of life by issuing Community Protection Notices and Public Space Protection Orders.

To support local councils to make good use of their fixed penalty powers for littering and related offences like graffiti we have recently published new Statutory Guidance, Litter enforcement powers: when and how to use them, in Parliament. Local authorities will need to have regard to this guidance when using their powers, which is available at: Litter enforcement powers: when and how to use them - GOV.UK

We have also published the Code of Practice on Litter and Refuse statutory guidance which outlines the standards expected of local authorities and other duty bodies (e.g. National Highways) with regards to their duty to keep their land clear of litter and refuse. This guidance can be found on: Code of practice on litter and refuse - GOV.UK

Furthermore, there is advisory guidance on managing graffiti and flyposting for local councils and businesses, which is available here: 15681_GRAFFITI_AND_FLY_POSTING_MANAGEMENT_GUIDANCE.PDF.

The guidance outlines the options available to local councils and others for tackling these issues with examples of good practice.