Defra unveils cut to level of 'bin fines'

The fixed penalties fall from £75-110 to £60-80, with a discounted rate of £40 for early payment. Where councils do not specify the amount of the fixed penalty notices, a default of £60 will apply.

Defra said ministers were also considering the responses to a consultation on a law change that would mean that fines would only be available if a householder was causing “harm to local amenity” by putting out their rubbish in the wrong way.

“Councils could still take action against people who cause problems for their neighbours or the local environment by not managing their rubbish properly, without the same threat applying to people that make innocent mistakes that have no impact on their local area,” it said.

Introduction of the “harm to local amenity” test would come at the same time as removal of the criminal sanctions currently available under s. 46 of the 1990 Act. These changes will require primary legislation.

Environment Secretary, Caroline Spelman, said: “The threat of a £110 fine for a simple mistake such as putting your bin out an hour early suggests the punishment doesn’t fit the crime.

“Today is the first step towards a return to common sense. People should be encouraged to do their bit by putting out their rubbish in the right way, but hefty fines are not the way to do it.”

But the Local Government Association called for a sense of perspective.

Cllr Clyde Loakes, Vice Chairman of the Association’s Environment Board, said: “Councils do not penalise people who make one-off small mistakes like leaving out their bin on the wrong day.

“These fines are part of the package of tools councils use to clamp down on fly-tippers and people who leave unsightly rubbish creating a blight on their roads, streets and neighbourhoods.”

Cllr Loakes added: “Fines are only ever issued as an absolute last resort when nuisance neighbours have persistently left waste piled up in the street and wilfully damaged their local environment or refused to co-operate.

“In exceptional cases, where repeated attempts to help and educate have failed, councils need effective and proportionate powers to ensure the inconsiderate actions of the few are not allowed to make a mess of local areas and jeopardise the recycling efforts of everyone else.”