The term 'litter' has a very wide interpretation. As well as wrappers, cans, bottles, or packaging 'any thing' includes food, small items such as cigarette ends or large items such as bags of rubbish. The offence relates to what is done with the litter, rather than what it is. (Department for the Environment, Food and Rural Affairs (DEFRA), May 2006)
The offence of 'Leaving Litter' (section 87 of the Environmental Protection Act 1990; Article 3 of the Litter (NI) Order 1994) says that if a person drops, throws, deposits or leaves anything so as to cause defacement in a public place, they could be committing a littering offence.
Natural matter such as overgrown vegetation, weeds or leaves which have fallen from trees are not classed as litter.
Prosecutions for littering are brought under section 87 - Offence of Leaving Litter - of the Environmental Protection Act 1990. The offence is:
'If anyone throws down, drops or otherwise deposits in, into or from. any place to which this section applies, and leaves any thing whatsoever in such circumstances as to cause, or contribute to, or tend to lead to, the defacement by litter of any place to which this section applies, he shall........be guilty of an offence'
The average fine is around £100 plus any costs the court awards. However, a person convicted of this offence could be liable to a maximum fine of £2,500 (a level 4 offence on the standard scale). (DEFRA, May 2006)
Capital Standards delivers independently verified Local Environmental Quality surveys (LEQs) which provide information on a wide range of parameters. This information allows members to identify key issues and to focus resources accordingly. The first full year of LEQS surveys were completed in early 2004, and every member received a data CD giving both their own results and a London wide survey (based on the data from the other 28 boroughs) so they could benchmark their performance.
The surveys of the 28 member boroughs are conducted by a dedicated team of surveyors employed and trained by ENCAMS on behalf of Capital Standards. The team is trained in LEQ surveying techniques, through a rigorous assessment procedure that is reviewed on an annual basis. This continuous assessment reduces the issue of subjectivity between surveyors and ensures that LEQ surveys are consistent across the member boroughs, thus allowing for comparison of findings.
In comparison to Defra's Best Value Performance Indicators (BV199) which only considers two cleansing indicators, the LEQ surveys provides Capital Standards members with information on up to an additional 33 indicators giving network members a real advantage providing a wider view of the public realm.
Capital Standards has also been involved in public awareness campaigns to improve the street environment, including the highly successful Litter Fairy campaign in 2004. As part of a pan-London campaign Litter Fairy adverts were seen across London on cinema screens, bus-backs and other media. The campaign's key message to Londoners is that 'A cleaner London is up to you' encouraging Londoners not to litter.
Launched in September 2004 and based on the results of the 2003/04 Capital Standards annual LEQ survey (which highlighted that cigarette related litter is found on 94 per cent of transects). Capital Standards aimed to work with businesses whose staff can be seen standing around the entrances to offices and shops taking 'smoking breaks'. Capital Standards members were provided with 'in-house' campaign material to highlight the fact that this is litter and the fines that can be imposed.
Capital Standards does not support smoking but recognises that whilst people smoke the Capital Standards membership will have to deal with the consequences of cigarette related litter. The campaign aimed to reduce smoking related litter across London, through the distribution of 15,000 stubbi pouches across Capital Standards members. Stubbi's are two inch square wallets which are reusable and can contain up to five cigarette ends.