Have a question?
033 3772 0409

Crime Solicitors

£8m penalty for Tesco for environmental and health and safety offences (21 June 2017)

Date: 21/06/2017
Duncan Lewis, Crime Solicitors, £8m penalty for Tesco for environmental and health and safety offences

Supermarket giant Tesco has been ordered to pay an £8 million penalty for a major pollution incident and health and safety offence.

The incident occurred in July 2014 and sparked an extensive multi-agency operation involving the Environment Agency, Lancashire County Council, United Utilities, Lancashire Fire and Rescue Service and Lancashire Police.

The fallout from the pollution had a major impact on the local community and environment, with residents having to leave their homes due to petrol odours coming from the sewer network.

The Environment Agency’s joint investigation with partners found that the incident resulted from Tesco’s failure to address a known issue with part of the fuel delivery system and an inadequate alarm system – which was compounded by poor emergency procedures.

Tesco Stores Ltd pleaded guilty to causing a water discharge activity not under and to the extent authorised by an Environmental Permit, contrary to Regulation 12(1)(b) and 38(1)(a) of the Environmental Permitting (England & Wales) Regulations 2010.

A guilty plea was entered at an earlier hearing at Burnley Crown Court on 12 September 2016.

There was a further indictment led by Lancashire County Council: Contravention of Regulation 6(8) of the Dangerous Substances and Explosive Atmospheres Regulations (DSEAR) 2002, contrary to Section.33(1)(c) of the Health and Safety at Work etc Act 1974. A guilty plea was also entered for this charge.

At Preston Crown Court, Tesco Stores Ltd was fined a total of £8m, comprising £5m for the offence under the Health and Safety at Work Act – and £3m for the environmental offence.

The retailer was also ordered to pay Environment Agency costs of £35,434.30 and approximately £22,000 to Lancashire County Council.

The court heard that, between Wednesday 2 July and Thursday 3 July 2014, approximately 23,500 litres of petrol escaped from a petrol filling tank at a petrol station in Haslingden operated by Tesco.

Petrol entered the sewerage system, with the odours affecting residents up to 1km away – causing people to seek medical attention for headaches and sickness. The odours remained in the homes for a number of days.

Some of the petrol also entered Langwood Brook and the River Irwell, causing a significant environmental impact, killing fish and other aquatic life.

Samples taken from the River Irwell detected oil up to three miles downstream – more than 40 dead fish, including brown trout, were found within 1.5 miles of where the pollution entered. Anglers also reported dead fish in Bury in Lancashire, more than six miles downstream.

Approximately 23,500 litres of unleaded petrol leaked from the tank over a 29-hour period – around 7,000 litres was later recovered at the site and the remainder escaped into the sewer system and watercourse.

An environment manager for the Environment Agency, Mark Easedale, said:

“This pollution incident had a dramatically negative impact on the local community and the environment, with Langwood Brook and the River Irwell severely affected.

“A week after the pollution incident, an investigation by Environment Agency officers found fish populations in the River Irwell immediately downstream of Langwood Brook were around 90% lower than those found upstream.

“The sentencing today sends out a clear message to anyone whose recklessness causes serious pollution to the environment – we will be relentless in our investigations and take action wherever needed.”


Deputy Leader of Lancashire County Council with responsibility for Trading Standards, Councillor Albert Atkinson, added:

“This was a major leak of fuel in a relatively built-up area and close to a busy superstore – the potential consequences are only too obvious.

“The fact that the leak was allowed to continue for more than 24 hours undoubtedly contributed to a risk of harm to people living and working nearby, as well as emergency services and other professionals attending the incident.”


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.


For all Crime related matter contact us now.Contact Us

Call us now on 033 3772 0409 or click here to send online enquiry.
Duncan Lewis is the trading name of Duncan Lewis (Solicitors) Limited. Registered Office is 143-149 Fenchurch St, London, EC3M 6BL. Company Reg. No. 3718422. VAT Reg. No. 718729013. A list of the company's Directors is displayed at the registered offices address. Authorised and Regulated by the Solicitors Regulation Authority . Offices all across London and in major cities in the UK. ©Duncan Lewis >>Legal Disclaimer, Copyright & Privacy Policy. Duncan Lewis do not accept service by email.