Council chiefs call on government to close litter lout loophole

Local government chiefs have called on the government to close a legal loophole that they claim makes it difficult for councils to tackle litter lout motorists.

The Local Government Association wants local authorities to be able to take action against the registered keeper of a vehicle from which rubbish is thrown if no one will admit to being responsible for the act.

The current position is that if a council officer reports litter being dumped, a fine can be sent to the keeper. However, if the registered keeper denies the offence and no one else comes forward, the local authority must then prove in court who was responsible for the littering.

“Such a difficult and expensive process means most councils cannot pursue the case, especially as past court penalties have been less than the original fine and the defendant was not ordered to pay costs,” the LGA said.

The association added that offenders are generally only fined if the vehicle is stationary and the littering is seen by a council officer who immediately issues a fine, or if they admit to it on receiving a fixed penalty notice by post.

Claiming that more than 100 councils want a change in the law, the LGA said the best way forward would be to make the owner or keeper of the vehicle responsible for littering offences, unless they can prove it was someone else.

The association said the previous government had been warned about the loophole when it brought in the Clean Neighbourhoods Act 2005 – no action was taken, however. An amendment to the Environmental Protection Act 1990 would easily remedy the situation, it added.

Cllr Gary Porter, chairman of the LGA’s environmental board, said: “The nation’s roads are blighted with fast-food wrappers, cigarette butts and empty bottles, but councils are hamstrung when it comes to taking action against thoughtless motorists dropping rubbish. As well as being unsightly, road litter is difficult, costly and dangerous to remove as it requires staff to stand on or by the side of a carriageway putting them at risk from oncoming traffic.”

Porter added that cracking down on littering was an expense they could ill afford at a time when councils are having to provide vital services to residents on increasingly stretched budgets.