Somerset building firm ordered to pay thousands of pounds after failing to provide proper waste removal paperwork

By Daniel Mumby - Local Democracy Reporter

20th Jul 2022 | Local News

The van van belonging to AB Building and Clearance. CREDIT: Mendip District Council. Free to use for all BBC wire partners.
The van van belonging to AB Building and Clearance. CREDIT: Mendip District Council. Free to use for all BBC wire partners.

A Somerset building firm has been ordered to cough up thousands of pounds after its owner failed to produce waste removal documents.

Mendip District Council's enforcement officers carried out a routine trade waste inspection of AB Building and Clearance after receiving reports of an unlicensed waste carrier operating in the Wells area.

Business owner Alex Branch was ordered by officers to provide waste transfer notes for the last two years to demonstrate that he had been moving waste legally and with correct audit documentation.

After failing to do so, Branch found himself before Taunton Magistrates Court, where he was slapped with a hefty fine and ordered to paid more than £2,700 in costs.

Branch, of Churchill Close in Wells, was given 14 days by officers to provide the waste transfer notes.

Under the current law, failure to comply with this request is a criminal offence, punishable upon conviction to an unlimited fine and a criminal record.

After he failed to provide the requested documents within this 14-day window, Branch was issued with two fixed penalty notices which he failed to pay and was ultimately summoned to court.

Branch pleaded guilty before Taunton magistrates on July 13, who ordered him to pay a fine of £500, costs to the council of £2,703.39 and a victim surcharge of £50 – making a grant total of £3,253.39.

In determining the degree of culpability, the magistrates concluded that the defendant had acted negligently in the duty of care he owed in respect of controlled waste and this is particularly relevant in view of the climate emergency which the council declared in 2019.

Branch expressed remorse, apologised for his actions and said that he had been stupid for ignoring correspondence.

Councillor Heather Shearer, portfolio holder for community health and services, said: "It is a legal responsibility for businesses operating in our district to make sure that they're playing by the rules and disposing of their waste properly and keeping records.

"The magistrates have sent a strong message out by recognising the harm being caused to the environment when businesses fail to act appropriately.

"I hope other businesses take note of this and if they're not doing so already, start keeping notes of their disposed waste.

"Our environment and community protection officers work tirelessly to investigate instances of environmental crime and I'd like to take this opportunity to publicly thank them for a job well done."

     

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