Resident hit with fly-tipping fine, foul stench and flies leads to big fine for mini market
A Leeds resident has been hit with a large fly-tipping fine after approximately 750kg of waste was illegally dumped.
Mr Peter Gilroy of King Lane, Moortown, pleaded guilty at Leeds Magistrates Court for one offence in relation to the Environmental Protection Act 1990, of not ensuring that the person which he alleged had been paid to remove the rubbish was fully authorised to do so. Mr Gilroy was subsequently fined in total £4,289, which also included costs and a victim surcharge, after he was unable to provide details of the person other than a nickname that he said was asked to dispose of the waste.
This successful prosecution follows an investigation by Leeds City Council’s environmental action team after a sizeable amount of waste was discovered in a wooded area of Woodhouse Ridge. The council uses a wide range of tools including the use of CCTV to tackle and gather evidence against those responsible for the fly-tipping and will always take action against perpetrators.
Councillor Lucinda Yeadon, Leeds City Council’s executive member for the environment and sustainability said:
“The mess that fly-tipping creates in our communities is completely unacceptable, and it is for this reason that we will always take action against anyone who is found to be responsible in any way for such an act taking place.
“I would urge anyone who is thinking of asking or paying someone to remove rubbish or waste on their behalf to ensure those given the task are fully authorised to do so. If not, and no contact details are made available of those involved, it is you as the broker that may face prosecution if a subsequent fly-tipping offence has been found to take place with the rubbish you asked to be taken away.”
The owners of a Harehills mini-market have been fined over £1600 for allowing their stinky bins to become a health hazard for members of the public.
The directors of Abaseen Mini Market Ltd, Harehills Lane, Mohammed Tayyab and Zabit Khan were fined £600 for six offences under the environmental protection act and ordered to pay legal costs of £1,037.74 and a £30 victim surcharge.
Mohammed Tayyab attended Leeds Magistrates’ court on behalf of the company, where he pleaded guilty to all six offences. The business is a convenience store which also has a butchers area selling raw meat.
The prosecution comes after an investigation by Leeds City Council environmental enforcement officers who found that the company’s nine bins – including six food waste bins had been left unlocked and overflowing on the public highway. The food waste bins had been left with meat exposed and uncontained meat products on the ground. The officers noted that the bins were emitting a foul stench and were surrounded by flies. The bins were being kept on the public highway and could potentially impose serious health risks to anyone who may come into contact with the uncontained waste.
The business was served with several abatement notices requiring them to ensure that all commercial waste is contained at all times in a secure receptacle, that excess waste is disposed of legally and the area around the mini market should be continually kept clean and tidy. The notices also stated that the bins should be kept on their business’ own land and not on the public highway and that the area should be cleaned and disinfected on a regular basis.
Despite being served with several enforcement notices the owners failed to comply with them consistently and over a number of months the problems persisted. The court heard that whilst the council acknowledged there were some improvements made by the business there were still regular occurrences of the waste being uncontained or overflowing and that further improvements should be made to comply with the notices.
Councillor Lucinda Yeadon, executive member for environment and sustainability said:
“Business owners need to understand that they have a duty of care when it comes to how they dispose of their rubbish. They are responsible making sure their business waste does not create a blight or health hazard for members of the public and the local community.
“Cutting corners when disposing of your business waste could ultimately end up hitting your bottom line and reputation when you end up in court.”
The council’s cleaner neighbourhoods team is supporting the Keep Harehills Tidy campaign. As part of the campaign the team is ensuring that they visit every business in Harehills to check on their commercial waste arrangements, offer guidance and advice, and seek compliance with the law – using enforcement powers where necessary.
Under Section 34 of the Environmental Protection Act 1990 regarding the Duty of care as respects waste, it states:
(1) it shall be the duty of any person who imports, produces, carries, keeps, treats or disposes of controlled waste or, as a broker, has control of such waste, to take all such measures applicable to him in that capacity as are reasonable in the circumstances—
(a) to prevent any contravention by any other person of section 33 above;
(b) to prevent the escape of the waste from his control or that of any other person; and
(c) on the transfer of the waste, to secure—
(i) that the transfer is only to an authorised person or to a person for authorised transport purposes; and
(ii)that there is transferred such a written description of the waste as will enable other persons to avoid a contravention of that section or regulation 12 of the Environmental Permitting Regulations, or a contravention of a condition of an environmental permit, and to comply with the duty under this subsection as respects the escape of waste.