Key Facts
- •Appellant (Hwo Lam) received a fixed penalty notice (FPN) (BH00900) from Leicester City Council for leaving his wheelie bin (marked 241) on the footpath outside his home (241 Tudor Road) outside permitted hours.
- •Three warning notices were issued under section 46 of the Environmental Protection Act 1990 before the FPN.
- •The bin was left on the footpath on 03/05/2022, 07/06/2022, and 13/12/2022, all Tuesdays when no collections were scheduled.
- •Appellant claimed the bin on the footpath wasn't his, but belonged to the vacant property at number 247.
- •The council found no record of a complaint from the appellant regarding the bin at number 247.
- •Photographs and video evidence were presented by both parties.
Legal Principles
Local authorities have a duty to arrange for household waste collection (s.45 Environmental Protection Act 1990).
Environmental Protection Act 1990
Councils can impose requirements on residents regarding waste receptacles, including placement times on the public highway (s.46 Environmental Protection Act 1990).
Environmental Protection Act 1990
Fixed penalty notices can be issued for leaving bins on the highway outside specified times (s.46A(4) Environmental Protection Act 1990).
Environmental Protection Act 1990
Notices can be served by post under section 160(2) and (4) of the Environmental Protection Act 1990.
Environmental Protection Act 1990
Outcomes
Appeal dismissed.
The tribunal found that the appellant left his bin on the footpath outside permitted hours on the specified dates, despite receiving warnings. The claim that another bin was also present was not considered a valid defence. The appellant's failure to report the other bin to the council was also noted.