Key Facts
- •Appellants appealed against £80 fixed penalties for alleged breaches of a section 46 notice under the Environmental Protection Act 1990.
- •The notice required them to place waste correctly.
- •The council claimed the appellants' bin was on the public footpath on June 7th and August 2nd 2022.
- •Appellants denied the bin was theirs, stating they complied with the notice after receiving it.
- •No bin labelling existed to definitively identify the bin.
- •Three flats shared the footpath area.
Legal Principles
A waste collection authority can serve a section 46 notice specifying receptacle requirements.
Environmental Protection Act 1990, Section 46
A fixed penalty can be issued for non-compliance with a section 46 notice if it causes or is likely to cause a nuisance, following a written warning.
Environmental Protection Act 1990, Section 46A
A notice of intent and a final notice must be served before issuing a fixed penalty.
Environmental Protection Act 1990, Section 46C
Appeals against fixed penalties go to the First-tier Tribunal, which can withdraw or confirm them.
Environmental Protection Act 1990, Section 46D
The council must prove non-compliance on the balance of probabilities; the appellants can raise reasonable excuse.
Case Law established precedent
Outcomes
Appeals allowed.
The council failed to prove on the balance of probabilities that the appellants' bin was left on the footpath on the alleged dates. Lack of bin labelling prevented definitive identification.