From 26 October 2026, the maximum fixed penalty for breaching a Community Protection Notice rises from £100 to £500. It's one of the Crime and Policing Act 2026 changes that comes into force that day, and it will land on council desks first.

The new figure is a ceiling, not a fixed rate. Councils will need to decide what level to set, when a fixed penalty is the right response, and how to defend that decision when it's challenged. This blog covers what's changing, what guidance is still to come, and how to get ready.

What's changing

The Act amends section 52 of the Anti-social Behaviour, Crime and Policing Act 2014, replacing the £100 maximum for a CPN fixed penalty with £500 (legislation.gov.uk). It makes the same change for breaches of Public Spaces Protection Orders under section 68.

The Government's aim is a stronger deterrent that it expects to reduce ASB (GOV.UK). The changes take effect on 26 October 2026, alongside Respect Orders and the other ASB reforms (Devonshires).

Wider enforcement capacity. CSAS officers will be able to issue fixed penalties for CPN and PSPO breaches. If your area uses accredited community safety staff, talk to the police about how this will work locally.

What stays the same. The CPN itself is unchanged. You still need to show the conduct is persistent or continuing, unreasonable and having a detrimental effect on the quality of life of those in the locality. You still need to give a written warning before issuing a notice. And if the fixed penalty isn't paid, prosecution for the breach remains the route, with the same court fines as now.

Guidance on proportionate use is still to come

The higher limit comes with strings attached. The Act requires the Home Secretary to issue guidance within six months on the proportionate use of fixed penalties for low-level incidents (GOV.UK). With Royal Assent on 29 April 2026, that points to late October, around the same time the £500 limit takes effect.

The guidance must also make clear that where external contractors are used, private firms shouldn't be able to earn more revenue or profit just by issuing more penalties. This was a hard-fought point in Parliament. The Government resisted a blanket ban on contractors issuing ASB fixed penalties, but agreed the guidance must address proportionality (Hansard).

Ministers indicated the Home Office would draw on Defra's recent statutory guidance on litter enforcement. That guidance takes a firm line that councils should never treat fixed penalties as a way to generate income, and should only issue them where proportionate and in the public interest (Defra). Expect the ASB guidance to look similar.

Until it's published, the practical question for councils is simple: if your FPN approach were tested against a proportionality standard tomorrow, could you defend it?

What it means for council teams

You'll need to decide your level, formally. Councils typically need specific delegation for officers to issue fixed penalties, and approval for the penalty level itself (Wycombe District Council report, 2015). If you want to charge more than £100, check whether your current delegations and fee decisions need updating. You can still offer a lower amount for early payment.

One figure may not fit every case. A persistent noise breach by a household that has ignored a notice for months is different from a one-off lapse. Think about whether a single rate, a discounted rate or a tiered approach best fits your local enforcement policy, and write down why.

Expect more challenges. At £500, more people will dispute a penalty or refuse to pay. Unpaid penalties lead to prosecution for the breach, so every FPN needs to stand up as if it were going to court.

The CPN has to be watertight first. A fixed penalty is only as strong as the notice behind it. That means a clear written warning, a notice with specific and reasonable requirements, and a fair timescale to comply.

Evidence of breach is everything. For noise, that means dated recordings and records that show the behaviour continued after the notice took effect. Vague complaints or a single report won't carry a £500 penalty.

Check your contracts. If you use an external enforcement provider for PSPOs or CPNs, look at how they are paid. Volume-based payment is exactly what the forthcoming guidance is expected to target.

Think about vulnerability. A higher penalty hits harder for people on low incomes or with additional needs. Build checks into your process so the response stays proportionate.

Before 26 October: a quick checklist

• Decide whether to change your CPN and PSPO fixed penalty levels, and get the decision formally approved

• Update delegations, notice templates and your published enforcement policy

• Set out when a fixed penalty is proportionate, and when to use a warning or prosecution instead

• Brief officers and, where relevant, CSAS partners on the new limits

• Review any enforcement contracts that pay by volume

• Check your evidence standards for proving a breach, especially for noise

• Watch for the Home Office proportionality guidance and be ready to adjust

How The Noise App can help

A £500 penalty needs solid proof that a CPN has been breached. The Noise App lets residents report noise as it happens, with recordings and case history kept together. Your officers can see whether noise carried on after a notice was served, and build a record that stands up to challenge or prosecution.

Book a demo for The Noise App here.