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Enforcement of Anti-social Activities

What is Anti-social Enforcement?

Despite the effort we place in educating and informing on the anti social activities which spoil the appearance of Poole, there will always be those who fail to respond, but may be persuaded by an increase in the Council’s enforcement exercises.

The Council is using all available legislation to deal with offenders in line with the our Enforcement Policy, in which appropriate measures ranging from Fixed Penalty Notices to prosecution are outlined.

Offences exist in relation to littering, dog fouling, fly tipping, containment of waste and damage to property. Explanations of these offences are included below and offenders may be reported to Environmental & Consumer Protection Services.

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Littering

(Offence of Leaving Litter – Section 87 Environmental Protection Act 1990)

If any person throws down, drops or otherwise deposits in, into or from any place to which this section applies, and leaves, anything 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, they shall, subject to subsection (2) (if authorised by law, or done with consent of the owner), be guilty of an offence.

This section applies to land or water in the open air, or if covered then open to the air on at least one side, where the public are permitted access.

The offence carries a maximum penalty of £2,500. Further information is available on our litter page.

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Dog Fouling

The Fouling of Land by Dogs (Borough of Poole) Order 2006

Since 20th July 2006 the Borough of Poole has the power, where applicable, to issue a Fixed Penalty Notice for a dog fouling offence. The maximum penalty is £1,000.

It is an offence for anyone to fail to pick up their dog(s) faeces straight away from land in the open air in Poole where the public are entitled or permitted to have access with or without payment.

Exemptions apply to those registered blind or whose dog is used for assistance and trained by Dogs for the Disabled, Support Dogs or Canine Partners for independence.

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Fly Tipping

Prohibition on unauthorised or harmful depositing, treatment or disposal of waste – Section 33 Environmental Protection Act 1990

  • fly–tipping fines are up to £20,000 and/or six months imprisonment.
  • if the case goes to the Crown Court fines are unlimited, and are then also subject to up to two years’ imprisonment, and up to five years if hazardous waste is dumped.
  • where fly-tipping involves the use of a vehicle, the driver can be prosecuted, as can the owner of the vehicle. The police have powers to seize vehicles used for fly-tipping.

Further information is available on the fly tipping page.

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Graffiti

Prosecutions for graffiti are brought under the Criminal Damage Act 1971.

Fixed Penalty Notices can be issued under the Anti-Social Behaviour Act 2003. Further information is available on the graffiti page.

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Duty of Care

(Environmental Protection Act 1990 - Section 34)

It is the duty of any person who produces or keeps or disposes of controlled waste to prevent it's escape from his control. This does not apply to household waste.  It applies to other waste including trade/commercial waste and industrial waste. In addition to preventing the escape of waste, it must only be transferred to authorised persons for disposal or recovery by a person with a waste management licence.

Offenders can be fined up to £5,000, or an unlimited fine if sent to the Crown Court. Further information is available on the trade/commercial waste page.

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Contact Details

Email
environment@poole.gov.uk

Telephone
01202 261700

Text Relay
18001 01202 261700

Address
Environmental and Consumer Protection
Unit 1
Newfields Business Park
2 Stinsford Road
Poole
BH17 0NF