Fixed penalty notice (FPNs)
Fixed penalty notices are issued to residents and businesses when waste is incorrectly handled. Find out how to pay them online.
Fixed penalty notices (FPN) are issued to residents and businesses when waste is incorrectly handled.
Examples of incorrect handling of waste include:
- disposing of waste outside the designated waste collection time
- fly-tipping
- putting commercial waste in ordinary black sacks instead of a Westminster or private collector’s commercial waste sack
- not complying with Section 47 of Environmental Protection Act 1990
FPNs are issued by City inspectors.
Waste enforcement system
Fixed penalty notices (FPN) and notices of intent to prosecute incorporating an FPN are issued to residents and businesses when waste is incorrectly handled.
Commercial waste
Duty of care
Under section 34 (1) of the Environmental Protection Act 1990 all businesses have a duty of care for waste from their business. This duty of care requires the business to ensure:
- all waste is contained in suitable containers so it cannot escape
- secure waste against unauthorised removal
- waste is only transferred to an authorised person
- a written description and transfer note for the waste is obtained and retained for two years.
If a business does not comply with this legislation the local authority may serve a section 47 notice.
Section 47 Notice - Environmental Protection Act 1990
If you have been issued with a Section 47 notice this means that we suspect that you are presenting your waste for collection in contravention of our requirements as outlined in the notice and as a result, it is likely to cause a nuisance or to be detrimental to the amenities of the locality.
If you have any further questions about a notice you have been issued, please contact the officer named on the Notice.
Please note that a section 47 notice is subject to an appeal at a magistrates court within 21 days beginning with the day on which the notice making the requirements was served on you on the grounds that the requirements are unreasonable; or that the waste is not likely to cause a nuisance or be detrimental to the amenities of the locality.
Commercial Waste Enforcement - Process
Commercial waste offences in contravention of our requirements as outlined in a s.47 notice will be subject to enforcement. Alleged offenders will be issued with a fixed penalty notice where they fail to comply with a s.47.
Waste Transfer Notices
Where a business fails to provide their Waste Transfer Notice(s) upon request covering a two-year period they will be issued with a fixed penalty notice. Please note that a waste transfer notice will still be subject to representations to the council, rather than a response under caution.
Residential Waste
Duty of care
Under section 34 (2A) of the Environmental Protection Act 1990 the occupier of any domestic property in England has to take all such measures available to him as are reasonable in the circumstances to secure that any transfer by him of household waste produced on the property is only to an authorised person or to a person for authorised transport purposes.
The duty of care to applies to all occupiers of any domestic property when dealing with their household waste produced on that property.
Section 46 Notice - Environmental Protection Act 1990
If you have been issued with a Section 46 notice this means that we suspect that you are presenting your waste for collection in contravention of our requirements as outlined in the s.46 notice and as a result, it is likely to cause a nuisance or to be detrimental to the amenities of the locality.
If you have any further questions about a notice you have been issued, please contact the officer named on the Notice.
Where a s.46 notice requires an occupier of premises is to provide any receptacles within a specified period that person may appeal to a magistrates' court against the requirement on the ground that the requirement is unreasonable or the receptacles in which household waste is placed for collection from the premises are adequate.
Any appeal must be made within the period of 21 days as outlined in the notice.
Residential Waste Offences - Enforcement Process
Residential offences in contravention of our requirements as outlined in the s.46 notice including but not restricted to disposing of waste outside the designated waste collection time or in the wrong receptacle (for example by placing food waste in a recycling bag), will be subject to enforcement using the procedure outlined below:
- a formal warning notice – effective for 12 months from date of offence
- notice of intent to impose a financial penalty – subject to representations and objections to the council within 28 days (beginning with the day after the date on which the notice of intent was sent) in relation to the proposed imposition of a monetary penalty and this will result in a formal review.
- final notice incorporating a fixed penalty notice - appeal against this notice may be made to a First Tier Tribunal, within the period of 28 days from the day after the date of the final notice.
Fly-tipping - commercial and residential
All fly tipping offences are enforced under section 33 of the Environmental Protection Act 1990. Offenders will normally be issued with a fixed penalty notice. However, you may be prosecuted for fly tipping and at Crown Court receive a term of imprisonment not exceeding 12 months or an unlimited fine.
Waste Enforcement – CCTV
We take the environmental crime of fly tipping seriously. Waste incorrectly disposed of and left on our streets affects how places look and are perceived, how happy and safe people feel in an area, and how attractive it is to those that live, work, and visit our city.
It is also a risk to health, our environment, and has a significant cost. We spend around £1million each year removing waste that is not correctly disposed of. This money would be better spent on vital services for our community.
To address fly tipping, the we are trialling the use of CCTV cameras in three locations, with a view to prevention and detecting of fly tipping offences.
Fly-tipping is a serious criminal offence for which you can be prosecuted. The courts have various powers available to them to tackle fly-tipping, including a term of imprisonment not exceeding 12 months, unlimited fines, and an order to deprive rights to a vehicle used to commit the offence.
Dog fouling and littering
A fixed penalty notice will be issued, for the below offences:
- littering - both general and smoking litter
- dog fouling offences
Please note that littering, smoking litter and dog fouling fixed penalty notices will still be subject to representations to the council.
How to pay a fixed penalty notice
Payment can be made online.
Fixed penalty notice (FPNs) must be paid in full. We do not accept part payments or payment plans.
Remember to click the 'done' button in the last step to complete the payment transaction.
How to avoid FPNs
FPNs are easily avoided by disposing your rubbish correctly.
Read our guide to disposing rubbish
More information
The council's waste enforcement policy has been in practice since 2016 and was reviewed in October 2020.
If you have enquiries about FPNs, call the Street Management team on 020 7641 8914.
Making a representation against your FPN
There are no formal grounds for appeal if you're issued with a Fixed Penalty Notice (FPN). The legislation that governs Fixed Penalty Notices states that an individual/business who receives an FPN can contest it in court if they believe the penalty should not have been issued to them. However, Westminster City Council provides you with an opportunity to challenge an FPN informally with us if you believe it contains a material defect. E.g. the waste was found on the 2nd August, however the Notice states the 4th August.
Following receipt of the challenge form, the notice will be suspended and a full review of your representation will be carried out. During the review period, no further action will be taken on the notice until a decision has been made, and you will be notified of the outcome via email. If your representation is upheld, no further action will be taken and the notice will be withdrawn. If your representation is rejected, you will be expected to pay the outstanding penalty amount.
Please note that the following are not grounds for cancellation:
- You did not know the law and did not know it was being enforced
- This was the first time you committed the offence
- You have always done this and never received a penalty or warning before
- There is no signage to tell me the law
- It was received at my registered business address, and I did not know about it
Please note, we cannot consider representations made to challenge Fixed Penalty Notices issued by our third-party contractors. If you've been issued a Fixed Penalty Notice by a third-party contractor and wish to make a representation, please follow the instructions on the Notice.
This process is for FPNs only. We won't reply to representations against warning notices.
Check the collection times for your street before submitting the form.
Read our data protection notice before submitting your representation to learn about how the council complies with data protection laws when processing your data.
Published: 20 January 2021
Last updated: 2 April 2025
