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Enforcement

Enforcement

The council has adopted the power to issue fixed penalty notices for various environmental crimes.

These give offenders the opportunity to pay a penalty within the stated time period and avoid the case being presented to court for prosecution.

Why does the council issue fixed penalties?

Fixed penalties have been created to provide a swift, low-cost remedy for a range of low-level, common offences that frees up court time for more serious offences.

Offenders retain their legal right to a fair trial and hence have their case heard in the Magistrates Court. The type and number of cases we take to court is a reflection of individual's desires to not pay the fixed penalty, rather than any policy of the council.

Repeat offenders or offences with aggravating circumstances are likely to go direct to court, such as those involving obstruction of an enforcement officer or giving false details.

The council always makes an application for costs.

People found guilty will face a fine as well as a contribution towards costs. The court returns these costs to the council when paid and the money goes towards our legal services and the enforcement team running costs.

Fixed penalty income goes to the Street Scene enforcement budget and whilst it does not cover the operational costs, the council utilises this money to fund ongoing educational initiatives and resources, such as portable ashtrays for smokers, signs, leaflets and advertisements in the press.

Fixed penalty offences and fine levels (as at 1 April 2019)

Littering in the street

  • minimum full penalty - £50
  • maximum full penalty - £80
  • Chesterfield Borough Council penalty - £60
  • discount - none offered

Littering from a vehicle

  • minimum full penalty - n/a
  • maximum full penalty - £150
  • Chesterfield Borough Council penalty - £150
  • discount - reduced to £60 if paid within 14 days

Anti-social Behaviour Crime & Policing Act 2014 - Community Protection Notices

  • minimum full penalty - n/a
  • maximum full penalty - £100
  • Chesterfield Borough Council penalty - £70
  • discount - none offered

Anti-social Behaviour Crime & Policing Act 2014 - Public Spaces Protection order s.63

Order (alcohol)

  • minimum full penalty - n/a
  • maximum full penalty - £100
  • Chesterfield Borough Council penalty - £100
  • discount - none offered

Anti-social Behaviour Crime & Policing Act 2014 - Public Spaces Protection Order s. 67

Order (asb)

  • minimum full penalty - n/a
  • maximum full penalty - £100
  • Chesterfield Borough Council penalty - £100
  • discount - none offered

Anti-social Behaviour Crime & Policing Act 2014 - Public Spaces Protection Order s. 59

Order (dog control)

  • minimum full penalty - n/a
  • maximum full penalty - £100
  • Chesterfield Borough Council penalty - £80
  • discount - none offered

Flytipping (commercial)

  • minimum full penalty - £200
  • maximum full penalty - £400
  • Chesterfield Borough Council penalty - £300
  • discount - none offered

Flytipping (household duty of care)

  • minimum full penalty - £150
  • maximum full penalty - £400
  • Chesterfield Borough Council penalty - £250
  • discount - none offered

Smoke free

  • minimum full penalty - n/a
  • maximum full penalty - £50
  • Chesterfield Borough Council penalty - £50
  • discount - reduced to £30 if paid within 15 days

Last updated on 30 August 2019