Man who dropped cigarette end down drain has fine overturned

A Nottingham smoker has described the overturning of a fine for dropping a cigarette end down a drain as a "victory for the public". Benjamin Barton hopes more people will challenge fixed-penalty notices if they feel hard done by. The 24-year-old was handed a £50 fine after being caught dropping the butt down a drain by a community protection officer in the city centre. He refused to pay it and was taken to court, but the case was thrown out by Nottingham Magistrates.

"I am absolutely delighted," said Mr Barton, of St Ann's. "I think it was crazy that I was fined and then taken to court in the first place. Mr Barton said he had thought about seeking compensation from the council but has now changed his mind because he doesn't want to take money from the authority. He added: "It would be interesting to find out how much money the council has spent on pursuing this case. I could have been facing a much larger fine if I had lost the court case, but I didn't want to just give in when I felt what was happening wasn't right. Now I have been proved right."



The case arose last November when Mr Barton was spotted in Burton Street. He claimed he had no choice but to drop the butt down the drain as bins around him at the time were full. He also argued that the littering section of the Environmental Protection Act doesn't cover drains.

"I could have just dropped the butt on the floor there and then, but I didn't want to do that," added Mr Barton. "So I went and found a drain where I could dispose of it. The judge commended me for not just leaving it on the floor. Dropping cigarette ends down drains isn't something I regularly seek to do, but I would do it again if I had no choice, like last time."