Legal News

Local authorities across London are expected to agree to introduce on-the-spot fines for spitting at a meeting on Thursday (11/12/14).

The Evening Standard newspaper reports that people caught spitting in the street or in parks or public spaces could face fines of up to £80, with council wardens given the power to issue fixed penalty notices to offenders under the Environmental Protection Act 1990.

The penalty for spitting could also apply to footballers who spit during games in public parks.

Spitting is considered a health risk because sputum can carry life-threatening infections such as meningitis.

Town halls are likely to be given powers to decide on fines in their boroughs – plans discussed by the London Councils’ transport and environment committee earlier this year include a proposal that fines for spitting could be reduced from £80 to £50 if the penalty is paid within 14 days.

A spokesman for the London Councils said:

“Earlier this year, London councils conducted a public consultation into penalties for anti-social spitting – and the responses we received were overwhelmingly in favour of imposing a fixed penalty in line with other nuisance behaviour like littering.”

Exceptions to the penalty would be people who spit in public who have a “reasonable excuse” for doing so – or if they spit into a handkerchief, tissue, bin or other receptacle.

In 2013, Enfield council included these exceptions in a by-law to prevent spitting in public, which was approved by the Communities Secretary Eric Pickles.

The by-law introduced a £500 maximum fine for people caught spitting who were taken to court by the local council.

Enfield town hall now wants to introduce a fixed penalty on-the-spot notice to tackle the problem of people who spit in public places.

Other London boroughs which have targeted anti-social spitting include Waltham Forest and Newham. Both local authorities have introduced fixed penalty notices to deal with spitting in public places under the Environment Protection Act 1990.

If local councils agree to the proposals to introduce fixed penalty fines to combat anti-social spitting in public places, it will be the first time fixed penalties for this have been introduced across London.

The ban on spitting was lifted in 1990 – for previous generations, spitting constituted a crime and people could be fined £5 if caught spitting in a public place. The offence was introduced because of the risk of transmitting tuberculosis via infected sputum.

Duncan Lewis Crime Solicitors

Duncan Lewis Crime Solicitors are available 24/7 to advise at any stage of a charge – including offering legal advice on charges relating to public order offences, charges relating to anti-social behaviour or nuisance – and fixed penalty notices.

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For expert legal advice on criminal charges, public order offences or anti-social behaviour, call Duncan Lewis crime solicitors on 020 7923 4020.