Offence of leaving litter: EPA 1990 s. 87
Leaving litter in an open-air public place is an offence carrying a fine up to level 4 on the standard scale, unless authorised or done with consent.
A person is guilty of an offence if he throws down, drops or otherwise deposits any litter in any place to which this section applies and leaves it. This section applies to any place in the area of a principal litter authority which is open to the air, subject to subsection (3) below. This section does not apply to a place which is “ open to the air ” for the purposes of this Part by virtue of section 86(13) above if the public does not have access to it, with or without payment. It is immaterial for the purposes of this section whether the litter is deposited on land or in water. No offence is committed under subsection (1) above where the depositing of the litter is— authorised by law; or done by or with the consent of the owner, occupier or other person having control of the place where it is deposited. A person may only give consent under subsection (4A)(b) above in relation to the depositing of litter in a lake or pond or watercourse if he is the owner, occupier or other person having control of— all the land adjoining that lake or pond or watercourse; and all the land through or into which water in that lake or pond or watercourse directly or indirectly discharges, otherwise than by means of a public sewer. In subsection (4B) above, “ lake or pond ”, “ watercourse ” and “ public sewer ” have the same meanings as in section 104 of the Water Resources Act 1991. No proceedings may be instituted for an offence under subsection (1) which is a littering offence in respect of a vehicle within the meaning of section 88A(2) if— a penalty notice has been given under section 88A to the keeper of the vehicle in respect of which the offence was committed, and the fixed penalty has been paid or recovered in full. A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. A local authority, with a view to promoting the abatement of litter, may take such steps as the authority think appropriate for making the effect of subsection (5) above known to the public in their area. In any proceedings in Scotland for an offence under this section it shall be lawful to convict the accused on the evidence of one witness.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
Dropping, throwing down, or depositing litter in any open-air place accessible to the public and leaving it there is a criminal offence. It does not matter whether the litter is left on land or dropped into water.
No offence is committed if the deposit was authorised by law or made with the consent of the owner, occupier, or person controlling the land. For a lake, pond, or watercourse, consent is valid only if given by the person who controls all adjoining land and all land through which the water drains, excluding public sewers.
If littering occurs from a vehicle and a fixed penalty notice has already been paid or recovered under section 88A, criminal proceedings cannot be started against the offender. Conviction in court carries a fine up to level 4 on the standard scale.
When it applies
- Dropping a takeaway food wrapper onto a sidewalk and walking away
- Throwing empty drink cans into a park pond or lake
- Tossing a cigarette butt out of a car window onto a public road
- Leaving bags of rubbish in a public open square without permission
What this section does not say
- Large-scale dumping or fly-tipping on private property
- The statutory duty of local authorities to keep public highways clear of rubbish
- The specific procedures for issuing fixed penalty notices instead of prosecution
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This page reproduces the text of EPA 1990 s. 87 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.