The Environmental Protection Act 1990 is a statutory requirement that the council must follow. The Code of Practice on Litter and Refuse is a sub-document of the act which outlines ‘how to’ practices. This applies to cleansing across the whole borough, including the town centre.
Before April 2024, the town centre budgeted for a higher level of cleanliness. This was agreed by the Bracknell Regeneration Partnership in 2014. However, savings had to be found for the 2024 to 2025 budget and town centre cleaning was identified as a high cost. It was agreed to adjust the overreaching standard to the statutory requirement as laid out in the code of practice.
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The code includes a set of environmental standards for:
The cleaning budget and resources for the town centre are used to meet the standard. This is managed through monitoring inspections. Monitoring is recorded and graded as per the code. If an area falls below the expected standard (a grade B), then action is taken to restore the standard.
When monitoring and grading, grades A and B are a pass and at an acceptable standard.
Grades C and D are both a failure. Remedial action would be expected to restore to at least a grade B.
Although the nature and characteristics of land may vary, the principles on which the litter and detritus are graded remain the same.
The grades for litter are:
No litter or refuse.
Predominately free of litter and refuse apart from some small items.
Widespread distribution of litter and refuse with minor accumulations.
Heavily affected by litter and refuse with significant accumulations.
The grades for detritus are:
No detritus.
Predominantly free of detritus except for some light scattering.
Widespread distribution of detritus with minor accumulations.
Heavily affected by detritus with significant accumulations.
| Tasks we carry out in the town | How the tasks apply to the code |
|---|---|
| Litter bin emptying and cleaning | Litter standard applies |
| Litter picking and hand sweeping | Litter and detritus standards apply |
| Mechanical sweeping | Litter and detritus standards apply |
| Mechanical floor scrubbing | Does not apply |
| Cleaning of seating and signs | Does not apply |
| Gum removal | Does not apply |
| Removal of graffiti | Advisory standard applies |
Where the code does not apply to the task, the work is over and above the statutory requirement. The work is still done because it helps keep the town centre looking clean.
Monitoring of this work is based on completion of an acceptable schedule of work and not on the standard. Completion of the work is reviewed and recorded weekly.
Advisory standards are non-statutory. It is recommended to manage the problem.
It is recognised that graffiti can:
For these reasons graffiti removal is part of the street cleaning contract. Monitoring of this work is based on completion of an acceptable application of resource, not on a standard.
Grading is used to help prioritise where resource is focused. Scores are not recorded and are not part of any contract performance scores.
Monitoring is made up of:
The local environment is completely free of graffiti.
Some graffiti is present but it is minor in extent and many people passing through the environment would not notice it.
Graffiti is present to the extent that it would be clearly visible to people passing through the environment and visible at a distance from approximately 50 metres.
Graffiti is extensive over a large part of a 50 metres length and is likely to be clearly visible and obtrusive to people passing through the local environment.
Under section 93 and 94 of the Environmental Protection Act 1990 councils have the power to tackle street litter generated by activities on adjacent premises. This is primarily to help deal with food and drink packaging and other litter caused by eating ‘on-the-go’.
The legislation enables councils to serve Community Protection Notices. These require businesses to clear up the litter and implement measures to prevent it. Failure to comply with a notice can result in a fixed penalty notice as an alternative to prosecution.
Businesses or their unit landlords (depending on the lease agreement) have a duty of care to stop packaging from their business becoming a litter issue. This is particularly relevant for businesses with branded packaging.
Businesses should provide and maintain litter bins for the disposal of their packaging. They should carry out routine litter picks in the area surrounding their business. In addition, fast food outlets and mobile food stands have a duty of care to prevent the spread of grease and floor staining that happens because of their business. Appropriate cleaning should be arranged to manage the issue.
