Crime Solicitors

Bolton Council in Lancashire is warning that those caught fly-tipping will now face a £400 spot fine.

Previously, the only way the council could deal with fly-tipping was to take the offenders to court – however, if a defendant did not turn up to a court hearing, the case could not be heard.

Under new regulations introduced in 2016, the council has now introduced a fixed penalty notice of £400 for fly-tipping. If an offender refuses to pay a fine and the matter progresses to court, the case can be heard in their absence.

The council warns that, from now onwards, enforcement officers will be handing out the new fines to anyone involved in illegally dumping waste.

Cases of large-scale fly-tipping – or which involve hazardous waste – will continue to be prosecuted through the courts. Repeat offenders will face fines of up to £50,000 or a one-year prison sentence if convicted by Magistrates.

The council has also invested in two mobile lamppost-mounted cameras, to help in the fight against fly-tipping – these will be positioned in known fly-tipping hotspots and will assist the council in identifying and tracking down fly-tippers, both in daylight and in the dark.

Officers will also be provided with bodycams, which can record conversations with potential offenders, in order to assist in providing evidence for the issuing of fixed penalty notices and any subsequent court cases.

The council has also approved measures to crack down on local businesses which fail to arrange for correct disposal of their waste – businesses have a duty of care to arrange for the disposal of their waste by a licensed carrier of trade waste and cannot place their waste in domestic waste bins.

Over the last two years, the council has employed two dedicated enforcement officers to visit businesses to see if they are disposing of their waste correctly.

Officers found that a large percentage of businesses were concealing waste in grey domestic bins, which would then be collected free of charge by the council.

The council has now approved measures to issue businesses with an immediate fixed penalty notice, if they are unable to provide evidence that their waste is being disposed of by a licensed waste carrier. This will apply to all businesses trading for more than the last 12 months.

However, the council says it will make allowances for any new businesses trading for less than one year – and will offer the business owner a chance to take out a waste disposal contract. The council will then revisit the premises after seven days to check if this has been done.

Bolton Council’s Executive Cabinet Member for Environmental Services, Councillor Nick Peel, said:

“Fly-tippers are a blight on local neighbourhoods and their disgusting and arrogant behaviour needs to be stopped.

“These new substantial fines will provide us with another tool to deal with fly-tippers and will be much quicker than prosecuting fly-tippers through the courts. The new lamppost cameras will also allow us to catch more fly-tippers in the act and track them down afterwards.

“We’re also targeting businesses who do not have proper arrangements to dispose of their waste and try to dispose of it through the domestic bins – this costs council taxpayers hundreds of thousands of pounds a year.

“These new measures will help us get even tougher on those who commit envirocrimes – and show them that this anti-social and lazy behaviour is not welcome in Bolton.”

Duncan Lewis Criminal Solicitors – Environmental Offences

Duncan Lewis Criminal Solicitors can advise companies and individuals at any stage of an environmental offence, including charges relating to polluting watercourses, fisheries offences, fly tipping, waste carrier offences, failing to manage hazardous waste, air pollution, noise pollution, or misuse of permitted land.

There are Duncan Lewis offices across England and Wales and in most major cities – and a Duncan Lewis criminal defence solicitor can advise at the start of an investigation by the Environment Agency or local authority and before charges are brought.

For expert legal advice on all environmental offences, call Duncan Lewis criminal solicitors on 0333 772 0409.