The hike in busybody fines
From 26 October, councils will be able to issue £500 penalties for ‘busybody’ offences such as swearing, feeding the birds, busking, begging, street preaching, or failing to show a dog poo bag.
The current maximum penalty for breaching a Public Spaces Protection Order is £100, but councils will now have the option of increasing this fivefold.
This change is due to Section 4 in the Crime and Policing Act, which comes into force on 26 October by means of a Commencement Order.
The current picture on busybody fines
Our FOI research found that councils have introduced over 1000 PSPOs, each including multiple (up to 35) restrictions. This means there are thousands of new bans across the country, each of which creates a new crime for a specific area, criminalising an activity that is otherwise legal.
This includes 61 bans on swearing or shouting, 59 bans on begging, 40 bans on ‘loitering’, 13 bans on feeding birds, and even bans on activities such as picking blackberries, climbing, or picking up stones.
In 2025, 25,366 penalties were issued in total for breach of PSPOs, including Boston, which issued 37 penalties for feeding the birds, Birmingham issued 18 penalties for ‘unauthorised noise’ (such as busking), and Greenwich issued 98 penalties for ‘abusive language’. Bedford issued 619 penalties to people for cycling in the town centre and 4 to people for skateboarding. Several councils (including Luton and Doncaster) issued fines for begging.
We found that 75% of these penalties were issued by private companies who were paid per fine. This means that the company has to issue a certain number of penalties a day in order to recoup their costs, and more to make a profit. Overall, they have an incentive to issue as many fines as possible, which leads to unreasonable and petty penalties, rather than penalties in the public interest.
Community Protection Notices (CPNs) will also now be punished at the higher £500 maximum. Our research on Community Protection Notices (CPNs) recently found that 1 in 4 orders were punished with an on-the-spot fine, including large numbers of penalties for messy gardens (Durham issued 468 fines for ‘untidy yards and gardens’, out of 914 CPNs). Other penalties included a fine for putting the bin out on the wrong day, and one for swearing in the home such that it could be overheard by neighbours.
Although we recently won new Home Office guidance banning incentivised enforcement, at present councils have contracts that work on payment per fine.
Recently extracted contracts reveal councils currently operating a payment-per-fine arrangement for PSPO penalties. This includes Dartford, whose contract with LA Support was amended in April 2026 to an 85/15 income split in the contractor’s favour; and Gedling, whose 2025 contract with WISE (running to 2028) provides for ‘payment of a percentage to the Council from the Fixed Penalty Notices issued’.
Councils moving to increase FPN penalties
We have identified several councils who have stated an intention to increase the penalty charge after 26 October. This includes one council, Sevenoaks, which has authorised the penalty notice immediately – meaning that an officer could choose to issue a £500 charge for swearing from Monday 26 October. Other councils, including Doncaster, Surrey Heath, Wyre and Wyre Forest, have stated their intention to increase the penalty charge soon after 26 October.
One council, Birmingham, actually passed the penalty hike on 29 July, before it was legally permitted. After council officers realised their mistake, the hike was cancelled on 9 September, but is likely to reappear soon.
These councils are detailed in the table below.
| Council and decision | When the FPN hike is likely to happen | What it will apply to |
|---|---|---|
| Sevenoaks (Kent). A Portfolio Holder Executive Decision ‘approved an increase in the maximum level of Fixed Penalty Notices (FPNs) for breaches of Community Protection Notices (CPNs) and Public Spaces Protection Orders (PSPOs) … from the current level £100 to a revised maximum of £500’, with ‘delegation to authorised officers and enforcement partners to determine appropriate FPN levels within this range’ and ‘application of the revised FPN levels to existing and future PSPOs across the District’. Decision document | From day one – Monday 26 October. An officer can issue a £500 penalty notice at their discretion. | Swearing and verbal abuse – one Sevenoaks PSPO bans ‘verbal abuse, swearing or intimidation’, as well as ‘harassment, alarm or distress’, and returning to an area after being asked to leave. Sevenoaks PSPOs |
| Doncaster (City of Doncaster). Cabinet did not set the level itself; it ‘delegates to the Council’s Director of Place in consultation with the Cabinet Member … the power to amend the Fixed Penalty Notice for breach of the Doncaster City Centre PSPO up to the statutory maximum’, after considering ‘any relevant statutory guidance’. Cabinet report | Within days to a few weeks of 26 October – an officer officer decision with no further council vote. | Begging (‘any verbal, non-verbal or written request for money’); sitting or lying in doorways, or loitering near pay machines; returning to the city centre within 24 hours of being told to leave; street drinking; taking drugs; public urination. Doncaster City Centre PSPO |
| Surrey Heath (Camberley). PSPOs extended to 2029; the council states that ‘the new Crime and Policing Act 2026 allows for the fines for PSPO breaches to increase from £100 to £500 – this will be reviewed for implementation from October 2026, when the new orders are introduced’. Council statement | Around or shortly after 26 October, when its renewed orders are introduced. Level to be confirmed at that review. | Begging in Camberley town centre (‘sit or loiter … requests for goods, money or donations’); street drinking (control zones); psychoactive substances; dog control. Surrey Heath PSPOs |
| Wyre Forest (Worcestershire). A proposal to Cabinet (16 September 2026) to ‘increase the maximum Fixed Penalty Notice (FPN) for breaches of a PSPO or Community Protection Notice (CPN) from £100 to £500 … seeking to implement the higher fine at the earliest possible opportunity’. Not yet enacted. Council news release | Soon after 26 October if approved (‘at the earliest possible opportunity’) – approval and exact level still tbc. | Walking more than six dogs at once (new order, in force 1 October 2026); dog fouling, not carrying a bag to pick up, or not putting a dog on a lead when told; street drinking (Kidderminster, Bewdley, Stourport). Wyre Forest PSPOs |
| Birmingham – the Licensing and Public Protection Committee resolved on 29 July that ‘the maximum tariff of £500 is adopted for fixed penalty notices in relation to breaches of … Public Spaces Protection Orders’, then cancelled the decision on 9 September after an officer error. The maximum ‘remains £100 pending commencement’. Committee record (9 Sep) | Not until Birmingham re-adopts £500 – no date currently set. | Busking, street entertaining, street preaching and public speaking – the city-centre noise order bans amplified sound and musical instruments ‘at all times’ across the whole centre. Dog control. Birmingham noise PSPO |
| Wyre (Lancashire) – £250, below the £500 maximum. Cabinet (7 September 2026) renewed its dog-control PSPOs and set the fine at £250: ‘The fixed penalty notice for dog fouling offences will increase from £100 to £250, sending a clear message that dog fouling will not be tolerated in Wyre’. Council news release | On or shortly after 26 October – but to £250, not £500. | Dog fouling – failing to clear up after a dog. Wyre dog-control PSPO |
| Merton (London). Out to consultation; officers recommend that ‘when the increase takes effect … the council imposes an increased level of fixed penalty when issuing FPNs to act as a deterrent to repeat offending’. The £500 would attach to proposed new PSPOs. Scrutiny report | Not before the Cabinet decision on 14 December 2026 . | Engine idling; stopping on school ‘keep-clear’ zig-zag markings; street drinking; dog fouling, number of dogs, amplified sound, fires and barbecues, fireworks, e-scooters and camping in parks; drugs and begging. Merton PSPOs |
What we are calling for
We are concerned that there is now a toxic combination of broad laws criminalising the most anodyne activities, being punished at a vastly disproportionate level, by private companies who are incentivised to issue as many penalties as possible. This presents a clear danger that the public will be given large numbers of substantial fines for everyday actions. It is particularly concerning that the £500 penalty could be applied to homeless people, for nothing other than being homeless and asking people for the food or money that they need to survive.
We are calling for:
- All councils who currently have a payment per fine arrangement with a private enforcement company should review this in light of Home Office guidance. Any fines issued under a pay per fine arrangement could be appealed on the basis of non-compliance with the guidance.
- Councils should exercise restraint and decide not to raise the FPN ceiling to £500 – a level that is highly disproportionate and unreasonable, given the nature of the offences being punished.
We will be working with members of the public in affected areas to monitor the implementation of this FPN hike, as well as the status of private enforcement contracts, and expose any civil liberties violations.
We urge anyone who has received an unfair FPN – or whose council is raising the FPN level – to get in touch.