Q&As

Is a supermarket car park (owned by the supermarket) a ‘public place’ or ‘place’ to which section 87 of the Environmental Protection Act 1990 applies (offence of leaving litter)?

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Produced in partnership with Denis Edwards of Normanton Chambers
Published on LexisPSL on 30/01/2018

The following Environment Q&A produced in partnership with Denis Edwards of Normanton Chambers provides comprehensive and up to date legal information covering:

  • Is a supermarket car park (owned by the supermarket) a ‘public place’ or ‘place’ to which section 87 of the Environmental Protection Act 1990 applies (offence of leaving litter)?
  • The law
  • Supermarket car parks
  • Conclusion

Is a supermarket car park (owned by the supermarket) a ‘public place’ or ‘place’ to which section 87 of the Environmental Protection Act 1990 applies (offence of leaving litter)?

It is assumed that the supermarket car park is open to the air or, if covered, is open to the air on at least one side.

The law

Section 87 of the Environmental Protection Act 1990 (EPA 1990) makes it an offence to discard litter in a public place. Subject to having any legal authority to do so, or with the consent of the owner or occupier of the particular place, the offence is committed by any person who ‘throws down, drops, or otherwise

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