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£800 penalty after “rogue employee” is blamed for fly-tipping (28 June 2017)

Date: 28/06/2017
Duncan Lewis, Crime Solicitors, £800 penalty after “rogue employee” is blamed for fly-tipping

Manchester City Council’s Environmental Crimes Team has prosecuted a Wythenshawe-based building firm, after a large quantity of industrial waste and material were found fly-tipped in Hasty Lane, Wythenshawe on 31 March 2016.

Officers from Manchester City Council’s Environmental Crimes Team launched an investigation and a search of the waste uncovered evidence – including receipts – which linked the offence to Wrafter Building Services.

At Manchester Magistrates’ Court, Wrafter Building Services Ltd of Parkend Road in Wythenshawe was ordered to pay a penalty of more than £800, after admitting to a fly-tipping offence committed in Wythenshawe.

The court heard that, when contacted by the council, staff at Wrafter said they were unaware of how the waste got there – and declined to attend an interview to discuss the case, saying they had nothing further to add.

The company was subsequently prosecuted under Section 33 of the Environmental Protection Act 1990.

At the hearing, company representatives told the court that what they described as a “one-off” incident was likely to be the fault of a “rogue employee”.

In mitigation, they offered evidence to show that they typically dispose of waste responsibly.

Wrafter Building Services were fined £200 and ordered to pay £605.09 in court costs – a total penalty of £805.09.

After sentencing, Manchester City Council’s Executive Member for Neighbourhoods, Councillor Nigel Murphy, said:

“I’d like to thank our Environmental Crimes team for this latest prosecution.

“Companies have a duty to dispose of their waste responsibly every single time and there can be no excuses for fly-tipping in our neighbourhoods.

“This was a particularly egregious example and I hope that firms across the city will take note of this successful prosecution and ensure that all of their employees understand their obligations to dispose of waste in accordance with the law.”


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.


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