Street Litter Control Notices — EPA 1990 s. 93
Allows Scottish litter authorities to issue street litter control notices to occupiers or owners to prevent litter accumulations under EPA 1990 s. 93.
A principal litter authority in Scotland other than a joint board may, with a view to the prevention of accumulations of litter or refuse in and around any street or open land adjacent to any street, issue notices (“street litter control notices”) imposing requirements on occupiers of premises in relation to such litter or refuse, in accordance with this section and section 94. If the authority is satisfied, in respect of any premises which are of a description prescribed under section 94(1)(a) and have a frontage on a street in their area, that— there is recurrent defacement by litter or refuse of any land, being part of the street or open land adjacent to the street, which is in the vicinity of the premises, the condition of any part of the premises which is open land in the vicinity of the frontage is, and if no notice is served is likely to continue to be, detrimental to the amenities of the locality by reason of the presence of litter or refuse, or there is produced, as a result of the activities carried on on the premises, quantities of litter or refuse of such nature and in such amounts as are likely to cause the defacement of any part of the street, or of open land adjacent to the street, which is in the vicinity of the premises, the authority may serve a street litter control notice on the occupier or, if the premises are unoccupied, on the owner of the premises. A notice shall, subject to section 94(2), (3) and (4)— identify the premises and state the grounds under subsection (2) on which it is issued; specify an area of open land which adjoins or is in the vicinity of the frontage of the premises on the street; specify, in relation to that area or any part of it, such reasonable requirements as the authority considers appropriate in the circumstances; and, for the purposes of paragraph (b), an area which includes land on both sides of the frontage of the premises shall be treated as an area adjoining that frontage. In this section and section 94— “ notice ” means a street litter control notice; “ open land ” means land in the open air; “ the premises ”, in relation to a notice, means the premises in respect of which the notice is issued; “ specified area ” means the area specified in a notice under subsection (3)(b); and “ street ” means a relevant highway, a relevant road or any other highway or road over which there is a right of way on foot.
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
This section empowers principal litter authorities in Scotland to serve street litter control notices on occupiers or owners of premises. These notices set requirements aimed at preventing the accumulation of litter or refuse on streets or nearby open land.
An authority may issue a notice if commercial or private activities on the premises cause recurrent littering nearby, or if open land on the premises is littered in a way that harms local amenities. The notice identifies the premises, specifies the grounds, defines an adjoining open area, and sets out reasonable requirements for managing litter.
When it applies
- A fast-food takeaway in Scotland generates heavy litter along the street in front of its shopfront.
- Land adjacent to a commercial property fronting a public road becomes repeatedly defaced by discarded packaging.
- An unoccupied commercial property has open land near its street frontage littered with refuse, harming local neighborhood amenities.
What this section does not say
- Civil penalties for littering directly from vehicles, which fall under section 88a or section 88c.
- General duties of local authorities to keep public land clear of litter, covered by section 89.
- Appeals against litter clearing notices, which are governed by section 92b.
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This page reproduces the text of EPA 1990 s. 93 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.