Legal News

Gateshead Council has prosecuted an unlicensed scrapyard owner who also failed to keep proper documentation.

Christopher Williams of Acton Dene in Stanley was convicted of three charges under the Environmental Protection Act, the Scrap Metal Dealer Act and the Control of Pollution Act.

All three charges relate to his business C&C Clearances on Whinfield Industrial Estate at Rowlands Gill.

Council officers visited Williams’ premises following a complaint by a member of the public – and discovered a large quantity of scrap metal and waste being stored on the site.

Williams was then asked to provide details of his licence to operate a scrapyard and his waste transfer documents, but was unable to do so.

He was repeatedly invited to interviews with council officers to discuss his operation of the site and provide the requested documentation – but despite numerous appointments being made, he failed to attend any.

He also failed to attend Gateshead Magistrates’ Court on 21 June to answer three charges of operating an unlicensed scrapyard – two of those charges, including carrying out a scrap metal business without a licence and failing to produce waste transfer documents, were then found in his absence.

Williams was instructed to attend court for sentencing on 7 August, where he pleaded guilty to the third charge of failing to provide transfer waste documentation.

Magistrates fined him £750, with £500 costs.

It was revealed in court that Williams had a previous conviction for waste offences, having been prosecuted by the Environment Agency in 2015 for illegally storing and incinerating waste. He had received an 18-week prison sentence suspended for 12 months and was ordered to pay £4,000 costs.

Service director for Development, Transport and Public Protection, Anneliese Hutchinson, said:

“The law imposes strict controls over the operation of scrapyards because they can cause serious nuisance to their neighbours – and have the potential for significant environmental pollution.

“In this case, Mr Williams’ premises had a large number of fridges and freezers awaiting disposal – yet had no obvious means of safely removing and storing the dangerous chemicals they contain.

“Operating an unlicensed scrapyard is a serious offence and I am pleased to see that the magistrates have taken a firm view.”

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.