Smokers facing fines for dropping cigarette butts - but how will it work?

Smokers could face steep fines for dropping cigarette butts as part of a new pilot scheme.

Specialist teams are due to launch new patrols in Tonbridge and Malling from next week to punish those dropping rubbish on streets.

Any litter louts caught, including those dropping cigarette butts, could face fixed penalty charges of up to £150.

Tonbridge and Malling Borough Council is launching a 12-month pilot scheme with leading enforcement company, NES, to clamp down on the dropping of food wrappers, cigarette butts, bottles, cans and other waste.

Cllr Piers Montague, lead cabinet member for waste and technical services, said: "Some people may think it’s unfair to get a fine for dropping a cigarette end but it’s contributing to our litter problem and to the costs of cleaning it up that we all pay for through our council tax.

"Cigarette ends also contain a range of toxins and are harmful to wildlife.

"So whether it’s cigarette butts, food wrappers or fly tipping, those who choose not to dispose of their rubbish responsibly shouldn’t be surprised to get a fixed penalty.

"By taking a tough line on litter while also providing educational initiatives, I believe this pilot scheme has great potential to reduce the amount of waste on our streets and keep our borough looking its best."

But what exactly can you expect to happen when the new pilot scheme is rolled out?

What are the penalty charges?

There are different penalties depending on the offence.

For those who litter, it is a £150 fine, which reduces to £100 if paid within 10 days.

Anyone caught dog fouling could face an £80 fine, which drops to £50 if paid within 10 days.

Fly-tippers will be charged a £400 fine if they are caught.

Anyone undertaking any other waste offence will be given a £300.

How many on patrol?

The scheme will be delivered with zero additional cost to the borough.

The NES will receive income from any fixed penalty notices issued.

The scheme is also intended to free up other council resources to enable them to focus on day-to-day waste collection services and to support wider enforcement and investigation.

Specialist teams will be patrolling every day, seven days a week.

How long will the scheme last?

The pilot scheme is due to last for 12 months and will be reviewed at the end of that period to assess its effectiveness in reducing littering.

When will it come into force?

It will come into effect in October 2022 and patrols are due to start from next week.

What other policies will come into force with this initiative?

Enforcement teams will also discourage littering such as by handing out portable ashtrays and dog poop bags.

Support for school education projects and sponsored litter picks will also be provided.

What happens if you refuse to comply?

Failure to pay a penalty fine can lead to the cost increasing.

Anyone who fails to pay may be prosecuted for the offence shown on the Fixed Penalty Notice.

Can you appeal any penalties imposed?

There are no formal grounds of appeal against a Fixed Penalty Notice.

This is because a Fixed Penalty Notice is an invitation for you to effectively "buy off" your liability to prosecution.

This means that while this is not an admission of guilt, you agree that an offence has been committed and that by paying the sum of money specified no further action will be undertaken by the council.

A Tonbridge and Malling Council spokesperson said: "This method of dealing with offences not only saves the time involved for everyone (including the offender) in prosecuting cases at court, but the cost associated with a Fixed Penalty Notice is likely to be substantially lower than any fine imposed by the courts.

"For example, the maximum fine which can be imposed by the courts for littering is £2,500."

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