Posted: Tue 15th Mar 2016

Landlord Fined By Court For Waste Offence

news.wales / newyddion.cymru
This article is old - Published: Tuesday, Mar 15th, 2016

A Llanelli landlord has been fined a total of £360 by Carmarthen magistrates for failing to produce the relevant paperwork for the disposal of his business waste. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Ian Witty, landlord of both the Railway Tavern and Apple Tree Inn in Station Road, pleaded guilty to two offences contrary to Section 34 of the Environmental Protection Act. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

He was fined £180 for each offence and ordered to pay £318.84 prosecution costs and a £20 victim surcharge by Carmarthen magistrates. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The court heard that Witty had failed to produce waste transfer notes showing where the business waste from both premises was being disposed of. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

In June last year, council environmental enforcement officers had found waste strewn across the back lane to the rear of the Railway Tavern where a large volume of cans and other waste was being stored. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

The officers visited the Apple Tree Inn to speak to Witty and there they found a large quantity of blue recycling bags containing empty cans in the beer garden. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Witty was issued with three legal notices to produce waste transfer notes showing where the waste from both the Railway Tavern and Apple Tree Inn was being taken. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

However, he failed to produce the documentation and was issued with two fixed penalty notices. No payment was received despite a reminder letter being sent out. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

In mitigation, Witty produced the transfer notes at court and had the relevant contracts in place for the disposal of his waste. He also said that he thought the fixed penalties had been paid and that it was an admin error. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

Speaking after the case, Executive Board Member for Environmental and Public Protection Cllr Jim Jones said: “Businesses have a responsibility to make sure that any waste produced during the course of their business, is stored, transported and disposed of without harming the environment; this is known as their ‘Duty of Care.’ ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

“They must have a trade waste agreement in place making sure their waste is removed by a licensed waste carrier and they must also retain all waste transfer notes for a period of two years. ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​

“The majority of businesses in Carmarthenshire are compliant with the legislation; however, we will not hesitate to take action against those who are not.” ‌​‌​‌​​​‍‌​‌​​‌‌‌‍‌​‌‌​​‌​‍‌​‌‌‌​‌‌‍‌​‌‌‌‌​​



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