GLASGOW CITY COUNCIL
LAND & ENVIRONMENTAL SERVICES
GLASGOW COMMUNITY SAFETY
SERVICES
JOINT PROTOCOL ON LITTER
ENFORCEMENT INVOLVING UNDER-16s
1.
Parties
Land & Environmental Services Enforcement
Glasgow Community Safety Services
Education Services
2.
Purpose
The purpose of this protocol is to formalise the working practice relating to the issue of
Fixed Penalty Notices for contraventions of Section 87 of the Environmental Protection
Act, 1990, involving under-16s, particularly associated with school environs in Glasgow
3.
Legislative Background
This protocol in relation to litter concerns the enforcement of legislation in the
Environmental Protection Act, 1990 only.
Section 87(1) of the Act states:It is an offence for any person to throw down or otherwise deposit and leave anything
as to cause or contribute to or lead to defacement by litter.
(This applies to any public open space, any relevant highway, any place owned by a
local authority, the Crown or land of a designated Educational Institute).
Section 88 of the Act:gives the power to an authorised officer of the local authority to give a Fixed Penalty
Notice to any person he has reason to believe has committed an offence under Section
87 (this power does not extend to Police Officers). The Fixed Penalty Notice offers the
person the opportunity to discharge any liability to conviction by payment of a fixed
penalty (currently £50.00). If payment is not made within fourteen days, the original
offence may be reported to the Procurator Fiscal under Section 87 of the Act.
A recipient of a Fixed Penalty Notice has no right to appeal the Notice, as such.
However, he or she may, in the event of non-payment, seek to contest the Notice in a
Sheriff Court should the local authority elect to report the matter to the Procurator Fiscal
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PROTOCOL ON ISSUE OF FIXED PENALTY NOTICES UNDER SECTION
88 OF THE ENVIRONMENTAL PROTECTION ACT 1990 INVOLVING
UNDER-16s
It is the policy of Glasgow City Council to enforce the provisions of the
Environmental Protection Act 1990 in respect of littering with the aim of
providing a deterrent to the environmental blight and anti-social behaviour
from leaving litter. The City Council has been active in this respect for a
number of years.
A greater emphasis has been given to this method of enforcement in the last
year with the engagement of a number of Litter Wardens and Community
Enforcement Officers to assist regular enforcement staff with this.
Enforcement of the litter provisions is undertaken by staff from both Land &
Environmental Services Enforcement and Glasgow Community Safety
Services
Protocol for the issue of Fixed Penalty Notices for Leaving Litter
Involving Under-16s

Notice of intent to undertake enforcement involving offences committed
by under-16s will be intimated prior to enforcement commencing. A
programme of promotion of awareness involving the school
communities and local and wider media will be prepared

All secondary schools in Glasgow will be implicated. This will include
independent and as well as local authority schools

Enforcement will not be conducted around primary schools

Enforcement staff will engage with each secondary school prior to
enforcement

It is anticipated that all Head Teachers and relevant Guidance
Teachers at each secondary school will participate in prior discussions
with enforcement staff

Each school will be responsible in helping to identify the problem loci

Each school will be expected to allocate a particular member of staff to
take part in the preparation of and during enforcement activities

A Mobile CCTV Unit will be available during each enforcement exercise

Enforcement at an individual school will take place over the course of a
normal school week

Dedicated patrols will be conducted as deemed necessary and as
agreed between the enforcement staff and school

Each patrol will consist of at least two Enforcement staff, for
corroboration purposes.
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
All Enforcement staff will carry identifying documentation. At least one
member of the Enforcement staff will be in recognised uniform and all
Enforcement staff will have the obtained the necessary Disclosure for
working with children

The member of the school staff allocated to assist Enforcement
Officers(“staff member”) will be responsible for assisting in identification
of alleged offenders and obtaining all necessary information that would
allow a Fixed Penalty Notice to be issued to an alleged offender

The staff member will assist identification of an alleged offender either
by witnessing the offence at the time of its alleged commission, by
reviewing CCTV footage following the commission of the alleged
offence or by confirming the details of alleged offenders given to
enforcement staff after the offence was allegedly committed.

Enforcement staff are authorised to and will be responsible for the
issue of the Fixed Penalty Notice in relation to any alleged offence
detected

The issue of a Fixed Penalty Notice will be at the discretion of the
witnessing Enforcement staff

On witnessing an offence, Enforcement staff will immediately identify
themselves and produce their authorisation to any person approached
as a suspect

Enforcement staff will require the following information from alleged
offenders in order to issue a Fixed Penalty Notice:
- name
- address
- date of birth
- school attended

All information shall be corroborated by the school staff member, who
will also provide details of an alleged offender’s parent/guardian. This is
so that a letter can be issued contemporaneously with any Fixed
Penalty Notice issued to an alleged offender.

Fixed Penalty Notices will be issued direct to the offender by recorded
delivery mail after details of offender and parent/guardian have been
confirmed. The Enforcement Officer shall complete a Certificate of
Intimation, attach the recorded delivery slip to the certificate and sign it.

Fixed Penalty Notices will be issued only to persons of twelve years of
age or over. In the case of a person below this age allegedly offending,
information as regards their name and address will be requested. The
offender will be given the opportunity to pick up the litter and advised a
letter informing their parents or guardian of the incident will be sent
(Standard Letter at Appendix One).
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



In cases where a Fixed Penalty Notice is issued to a person under the
age of sixteen but above twelve years of age, the offender will be
advised that a letter informing their parents or guardian of the issue of
the Notice will be sent (Standard Letter at Appendix Two)
School students over the age of sixteen will be subject to the same
procedures regarding the issuing of Fixed Penalty Notices as adults,
notwithstanding the fact that they are still at school.
In cases where the alleged offender denies having committed the
offence which has led to the issuing of the Fixed Penalty Notice, he/she
will be written to and advised that the matter will be referred to the
Director of Land and Environmental Services (LES) to carry out a
formal Review. A further letter will be sent contemporaneously to the
parent/guardian of the alleged offender confirming that a Review will be
held. The Director, or his nominated Officer, will examine the
circumstances of the alleged offence and come to a Decision that will
be communicated by letter to both the alleged offender and his/her
parent/guardian.
The Director of LES, or his nominee, can decide to:-revoke the Fixed Penalty Notice issued;
-offer a further period to discharge liability under the Fixed
Penalty Notice by payment of same;
-to confirm the terms of the Fixed Penalty Notice and refer
the matter to the Reporter to the Children’s Panel.
In coming to a decision, the Director of LES may have regard to such
written submissions as may be lodged on behalf of the alleged
offender.

In cases where the offer to discharge the offence by payment of the
fixed penalty is not taken, the local authority will send a reminder letter
with copy to the parent/guardian (Standard Letter at Appendix Three).
A further reminder letter may be sent at the discretion of the issuing
authority or a home visit may be undertaken by Enforcement staff to
deliver a reminder letter to the person issued with the Fixed Penalty
Notice and his/her parent/guardian. When delivering the letter
Enforcement staff will advise that the Fixed Penalty Notice remains
outstanding and that consideration should be given to discharging the
liability under the Notice by payment of same or by other means.

Where non-payment of the fixed penalty persists and there is no denial
of the commission of the alleged offence on the part of the alleged
offender and no alternative means of discharging the liability under the
fixed Penalty Notice has been agreed the Local Authority will call a
case conference. Initially, this will comprise Land & Environmental
Services, Glasgow Community and Safety Services and Education
Services. Other agencies may be invited to participate thereafter,
including a representative from the Reporter to the Children’s Panel.

The case conference will consider the options available by means of
sanction of the non-payer. These options may include:
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-
sanction by the school, e.g. exclusion from a particular activity or
privilege
referral for restorative justice
police visit

In cases of persistent offending or where other options have been
unsuccessful the issuing authority may consider referral to the
Children’s Panel

Enforcement staff will inform all offenders that failure to provide correct
details is an offence in terms of the Criminal Justice (Scotland) Act
1980

Where an alleged offender under the age of 16 refuses to supply their
name and address, date of birth and school attended to Enforcement
staff the Officers will advise that person he is committing an offence in
terms of the Criminal Justice (Scotland) Act, 1980 and will obtain all
details from the alleged offender that will assist in later identification
within the school.

In cases where an offender persists in refusal to provide details, the
staff member will be asked to assist in identification

In cases where correct identification of an offender occurs after the
offence and away from the locus of offence, e.g. where an offender
provides incorrect details or refuses to provide details, a Fixed Penalty
Notice will be issued in accordance with the procedures outlined above.
Land & Environmental Services Enforcement
Glasgow Community Safety Services
July 2008
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APPENDIX 1
Our ref
AB/MC
Your ref
Date
Parent or Guardian of
Dear Sir or Madam
Environmental Protection Act, 1990
Street Litter
I wish to bring to your attention that my Enforcement Officers had reason to speak to
………………………….. on …………………………………………. concerning the leaving of
litter.
The incident took place in ……………………………. .
In accordance with Glasgow City Council’s policy on littering no formal action will follow as
your child is under the age of 12.
It would assist if you could speak to your child and remind him/her of the need to dispose of
litter in an appropriate and responsible manner. You may wish to note that Glasgow City
Council is issuing Fixed Penalty Notices for £50 to those over the age of 12 for littering
offences.
Thank you for your assistance in this matter.
Yours faithfully
A Brown
Environmental Health & Trading Standards Manager
If telephoning or calling please ask for Mr A Brown
Telephone Number - 0141 287 6528 Fax – 0141 287 6592
e.mail – alastair.brown@glasgow.gov.uk
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APPENDIX 2
Our ref
AB/MC
Your ref
Date
Parent or Guardian of
Dear Sir or Madam
Environment Protection Act 1990
Street Litter – Fixed Penalty Notice
I would advise you that on ……………………….. your son/daughter …………………….was
observed leaving litter in ……………….
An offer to deal with this offence by way of a Fixed Penalty Notice has been issued to
…………. ………….. by recorded delivery mail on……………….
I would advise that you encourage the payment of the fixed penalty as, in the event of failure
to pay, your child’s case could then be considered by a multi-agency panel who will consider
what further sanctions are appropriate. Further non-payment or persistent offending could
lead to your child being formally referred to the Children’s Reporter.
Whilst it is unfortunate that …………………… ………….was noted to have committed a
littering offence, I trust that you will support the City Council in it’s efforts to address the
growing problem of litter particularly among young people and that this instance will be an
isolated one.
Should you require any information or advice on the issue or payment of the Fixed Penalty
Notice, please contact as indicated.
Yours faithfully
A Brown
Environmental Health & Trading Standards Manager
If telephoning or calling please ask for Mr A Brown
Telephone Number - 0141 287 6528 Fax – 0141 287 6592
e.mail – alastair.brown@glasgow.gov.uk
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APPENDIX 3
Our ref
AB/MC
Your ref
Date
Parent or Guardian of
Dear Sir or Madam
Environment Protection Act 1990
Street Litter – Fixed Penalty Notice
I would advise you that on ……………………….. your son/daughter …………………….was
observed leaving litter in ……………….
An offer to deal with this offence by way of a Fixed Penalty Notice has been issued to
…………. …………..by recorded delivery mail on ………………………….
This matter was previously intimated to you on ………………………………………….
As yet no payment for this Fixed Penalty Notice has been received. Payment details are
provided on the Notice.
If payment is not forthcoming within 14 days Glasgow City Council may take further steps as
necessary to address this matter.
Whilst it is unfortunate that …………………… ………….was noted to have committed a
littering offence, I trust that you will support the City Council in it’s efforts to address the
growing problem of litter particularly among young people and that this instance will be an
isolated one.
Should you require any information or advice on the issue or payment of the Fixed Penalty
Notice, please contact as indicated.
Yours faithfully
A Brown
Environmental Health & Trading Standards Manager
If telephoning or calling please ask for Mr A Brown
Telephone Number - 0141 287 6528 Fax – 0141 287 6592
e.mail – alastair.brown@glasgow.gov.uk
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