Business owners fined following waste management offences
The owners of a Telford convenience store have been fined more than £8,000 after admitting they failed to manage waste properly.
At Telford Magistrates' Court last week, Mr and Mrs Bhakar, owners of Finger Road Stores in Dawley, pleaded guilty to two offences of failing, upon request, to provide waste management documentation to the local authority and one offence of failing to ensure that controlled waste was transferred only to an authorised person.
The prosecution followed an investigation by Telford & Wrekin Council.
On 27 July 2023, the Council served a notice on Finger Road Store under Section 47 of the Environmental Protection Act 1990.
The notice required the business to ensure that commercial waste was properly secured, managed and maintained. It also reminded the business of its legal responsibility to have waste contracts in place with regular scheduled collections that could be evidenced by receipts.
The notice was served following a duty of care check carried out on the business after concerns were raised regarding waste management practices at the premises.
Following a second duty of care inspection at Finger Road Stores, Mr and Mrs Bhakar were requested to provide waste management documentation for the store by 2 July 2024. Mr and Mrs Bhakar failed to provide the documentation.
The court heard that Mr and Mrs Bhakar believed they had a waste contract in place during the relevant period and that the invoices they received were legitimate. They accepted, however, that they had made the mistake of making payments in cash. The court was also told that they have since put a legitimate waste contract in place.
The court fined each defendant £750 for the first offence, £1,000 for the second offence and £500 for the third offence. In addition, a victim surcharge of £900 was imposed and prosecution costs of £1,734.17 were awarded, to be shared equally between the defendants.
The total amount payable by each defendant is £4,017, with 28 days allowed for payment.
Councillor Nathan England, Cabinet Member for Safer Streets and Better Housing, said:
"All businesses have a legal responsibility to ensure their waste is handled correctly and that they can provide evidence of how their waste is being managed.
"This case serves as an important reminder that businesses have a Duty of Care to take reasonable steps to ensure waste is transferred only to authorised persons and that appropriate records are kept. These measures help protect the environment and support efforts to tackle waste crime and fly-tipping across the Borough.
"We will continue to investigate and take enforcement action where businesses fail to meet their legal duties."
The Council encourages businesses to seek advice if they are unsure about their waste disposal responsibilities. Guidance is available to help businesses comply with their legal duties and avoid enforcement action.
To find out more about the Duty of Care to dispose of commercial waste correctly, visit https://www.telford.gov.uk/bins-and-recycling/businesses/commercial-waste-and-recycling/.
Report fly-tipping confidentially online at www.telford.gov.uk/flytipping or by calling the confidential hotline on 01952 388 800.
As part of its proactive approach to fly-tipping, the Council posts regular fly-tipping appeals via Telford and Wrekin Watch. To find out more about Telford and Wrekin Watch, and how you can help, visit https://www.telford.gov.uk/roadworks-transport-and-streets/enforcement/telford-and-wrekin-watch/frequently-asked-questions/.