Sutton resident prosecuted for littering

A Sutton resident has been ordered to pay £736 after being caught ‘red handed’ by officers dropping Subway wrappers on the floor.

Jonathan McKenzie of Garden Lane, Sutton-in-Ashfield, Nottinghamshire was caught throwing his Subway wrappers onto the floor and leaving it as litter, outside the Subway store at Lakeside Point in Sutton on 25 March 2021.  

Officers at the scene dealt with the incident and attempted to issue McKenzie with a Fixed Penalty Notice (FPN) for the offence of littering, however he refused to pay the notice.

As McKenzie failed to pay the FPN, he refused the opportunity for an out of court disposal, and therefore the Council’s Community Safety Team took prompt action to prosecute McKenzie.

On 20 January 2023, the case was heard at Southern Derbyshire Magistrates Court where he was convicted under Section 87 of the Environmental Protection Act 1990, resulting in a £220 fine, victim Surcharge of £34; and costs of £482.82, totalling £736.82

Cllr Helen-Ann Smith, Portfolio Holder for Community Safety and Crime Reduction said:

“ Jonathan McKenzie committed the offence of littering and had the opportunity for this to be resolved through paying the Notice but chose not to. Failure to pay the FPN meant we had no choice other than to take the case to court.

We will not tolerate environmental crime of any kind, and this should act as a warning to those who think that they will get away with littering in our District.’’

Antonio Taylor, Community Safety Manager, Ashfield District Council added:

"Reducing environment crime is a core priority for the Council. The Community Safety Team have been working exceptionally hard to secure positive results and make the District cleaner and safer for all.

We will continue to take positive action and engage our communities to improve the District and promote responsible citizenship.”