Environmental Protection Act 1990, Section 88,
Fixed penalty notices for leaving litter
(1)Where on any occasion an authorised officer of a litter authority finds a person who he has reason to believe has on that occasion committed an offence under section 87 above in the area of that...
That is incorrect, the law is clear under the environmental Protection Act 1990, section 87, offence of leaving litter.
(1)A person is guilty of an offence if he throws down, drops or otherwise deposits any litter in any place to which this section applies and leaves it