Litter can be as small as a sweet wrapper, as large as a bag of rubbish, or it can mean lots of items scattered around. About £342 million a year is spent by local authorities in England on street cleaning and litter clearance.

The offence of “Leaving Litter” (Section 87 of the Environmental Protection Act 1990) and the Clean Neighbourhoods and Enviroment Act 2005, says that if a persons drops, throws, deposits or leaves anything so as to cause defacement in a public place, they could be committing a littering offence.

The average fine is around £95 although a court does have the power to fine someone up to £2,500 (a Level 4 offence on the Standard Scale). Cases are heard in the Magistrates Court and if found guilty, the defendant will receive a criminal record. The police prosecuted approximately 400 people in 2003 for littering. In Ashford Borough people littering will receive a £75 fixed penalty fine if an authorised officer witnesses the dropping of litter, or throwing of litter out of a car window.

If a piece of private land is littered the owner is responsible for clearing the litter. The Environmental Protection Act 1990 gives both local authorities and members of the public rights to take legal action to get areas cleaned up.

Cigarette ends, followed by sweet wrappers and matchsticks are the most commonly found items of litter. An estimated 122 tonnes of cigarette butts, matchsticks and cigarette related litter is dropped every day across the UK.

What can I do if I see someone drop litter?

If you are with someone you know and they drop litter you may feel safe telling them that they shouldn’t. However, even though it is infuriating to see someone littering, do not put your personal safety at risk. The same applies if you see litter thrown from cars. Police Officers, Police Community Support Officers or Community Wardens are empowered and trained to deal with offenders.

If you have information about a littering incident you could report it to the police, or the local authority , but it is up to them to decide whether they feel they can proceed any further, they will nearly always ask yo for a witness statement, or you may be asked to attend court as a witness. Whilst it is possible to take out a private prosecution, it would be at a persons own expense and you will need strong evidence to prove your case in court.

We have a legal duty (so far as is practicable) to clear litter and refuse from public places for which it is responsible such as streets, parks, playgrounds, tourist beaches and pedestrian areas. If a piece of private land is littered, the owner should accept responsibility for clearing the litter. But we encourage everyone to help by not dropping litter in the first place.

Reporting a Street in Need of Cleaning?

Most adopted streets and roads in the Borough are swept on a regular basis, however, we do not sweep roads where there is no kerb, as the sweeping erodes the verges and banks (leading to damage and flooding).

To report a litter incident use our online form or telephone 01233 331111. Please note the date, time and name of the person you speak to for future reference.

What are litter picks and how can I get involved?

We join up with Kent County Council's Clean Kent Campaign and organise two litter picks per year. If you would like to join in or arrange for a group to take part telephone 01233 330535 for more information. Normally we can loan you the equipment you will need for this.