A Haringey council resident has spoken of his outrage after being fined £500 for placing a cigarette butt in a refuse sack awaiting collection on the street. The council initially claimed this constituted littering because the sack was not a public bin, despite being filled with rubbish.
The fixed-penalty notice (FPN) was issued under rules that allow councils to impose fines of up to £500 for littering. Unlike parking penalty charge notices, these fines cannot be appealed against, and recipients must argue their case in court if the council pursues prosecution. The fine doubles if unpaid within 28 days.
The resident argued that the penalty was disproportionate, especially as other London boroughs charge as little as £80 for dropping a cigarette end. He noted that government guidance requires fines to be proportionate, and that using a bin bag should not warrant such a severe penalty when a warning would have sufficed.
After the Guardian made inquiries, Haringey council reversed its decision and cancelled the FPN. The council had previously stated that an offence is committed when 'litter defaces a public place', and that placing the cigarette end in the bags constituted 'otherwise depositing the litter'. However, it now says it considered the evidence and decided to cancel the penalty.
