Crime Solicitors

Islington Council in north London has prosecuted a takeaway in Holloway caught repeatedly dumping its commercial waste in a residential recycling centre – resulting in the borough’s largest ever fine for fly-tipping.

Papa Winny’s Caribbean takeaway on the Holloway Road in Islington now faces a total bill of £11,015, including costs, after magistrates handed down five fines of £2,000 for fly-tipping.

The council said that four offences relate to the dumping of several black bin bags of commercial waste in a residential recycling centre in Kingsdown Road – a six-minute walk from the premises – which contaminated the recycling.

Another offence relates to black bin bags being left on the pavement outside the premises.

Magistrates also found the firm guilty of failing to provide proof of any contract with a commercial waste firm – a legal requirement for all businesses.

The offences span a seven-month period to May 2017.

The council’s enforcement officers spotted the first offence and spoke to an employee, issuing a £400 fixed penalty notice (FPN) that would have been reduced to £200 if paid within ten days.

However, after two FPNs were left unpaid – despite correspondence from the council – court proceedings were started and a further three offences were recorded subsequently.

Papa Winny’s did not contest any of the charges at Highbury Corner Magistrates’ Court – and no representative attended the hearings, so the business was convicted in its absence.

Islington Council Executive Member for environment and transport, Councillor Claudia Webbe, said:

“Islington does not tolerate fly-tipping, which is selfish and disrespectful.

“This is the biggest fine for fly-tipping the courts have ever handed down in Islington, reflecting how seriously the law and the council take these offences.

“This prosecution sends out a clear message that fly-tipping is simply unacceptable and we will not stand for it.

“This takeaway business ignored all our efforts to engage with them – and did not even turn up to defend themselves in court.

“We support small businesses in every way we can, but it is essential that they respect the law.

“We will always look to gather evidence of fly-tipping and seek the maximum penalties available.

“Nonetheless, we urge the owners to get in touch and we can see what support the council can provide to help them make their business a success in Islington.”

Duncan Lewis Criminal Solicitors

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.