The Problem...

  Cigarette ends, matches and boxes are found on   86% of streets in Wales, with most of this litter   being cigarette ends.

  Is Smoking Related Litter an offence?
  The Environmental Protection Act (1990) gives   powers to local authorities to take action against   individuals and businesses who create litter, and   to get areas cleaned up.

  Littering is a crime. Dropping a cigarette end is no different from throwing away any   other sort of litter.
  • The Environmental Protection Act (1990) gives powers to local authorities to take     action against individuals and businesses who create litter, and to get areas     cleaned up.
  • The Clean Neighbourhoods and Environment Act (2005) clarifies the meaning of     litter by specifically defining cigarettes, cigars and like products as litter.
  • In Wales, dropping any form of smoking related litter can result in an on the spot     £75 Fixed Penalty Notice, or up to £2,500 on summary conviction.

  Legislation
  A summary of the litter laws from the Environmental Protection Act 1990 part 4 is:
  • Section 87 Offence of Leaving Litter: Criminal offence
    of dropping, throwing,  leaving or depositing
    litter in a public place and causing defacement. This     can lead to a maximum fine of £2,500, which is     triable in the magistrates’ court.
  • Section 88 Fixed Penalty Fine for Littering of £75.     A ticket given ‘on the spot’, with 14 days to pay.     Local Authority Officers issuing Fixed Penalty Notices     have the power to demand names and addresses     from offenders, with a maximum fine of £1000 for     failure to do so.

  Section 20 of the Clean Neighbourhoods and Environment Act (2005) allows Local   Authorities to issue:
  • Litter Clearing Notices on the owner or occupier of land requiring them to clear the     land of litter and refuse. Fixed Penalty Notices may be served as an alternative to     prosecution.
  • Street Litter Control Notice allows Local Authorities to tackle street litter     generated through activities on adjacent premises. There is no restriction on the     type of litter for which this notice may be issued.