Unlicensed Waste Carrier Ordered to Pay £3,317.84 in Fines and Costs
The below case highlights the importance of ensuring you are a fully licensed waste recycling operator. If you are thinking of becoming involved in the waste industry it is important you consider what permits and authorisations you require.
A 33-year-old man from Nottingham who had been operating as an unlicensed waste carrier has been successfully prosecuted by the Environment Agency. Stephen Hornby was driving a Ford Transit flatbed vehicle signed with ‘Hornby’s Home and Garden Improvements’ when he was ordered to stop by a multi-agency operation on 26th September 2019.
It was discovered Hornby was transporting waste including a tree stump, branches, plastic wrapping, a fence panel, rubble, and concrete. Hornby was issued with a letter recommending he register as a waste carrier within 10 days.
Despite the letter, it was discovered on 14th October 2019 no registration took place. Hornby was charged with (on 26th September 2019) being a person who is not a registered carrier of controlled waste, did, in the course of his business or otherwise with a view to profit, transport controlled waste, namely a tree stump, branches, plastic wrapping, a fence panel and concrete and rubble to Buzz Bingo, Gala Way, Nottingham, NG5 9RU, being a place in Great Britain contrary to section 1 (1) of the Control of Pollution (Amendment) Act 1989.
Hornby was found guilty at Nottingham Magistrates’ Court on 14th December 2020 after he failed to attend court. The Magistrates imposed a fine of £1,000, costs of £2,217.84, and a victim surcharge of £110.
A 33-year-old man from Nottingham who had been operating as an unlicensed waste carrier has been successfully prosecuted by the Environment Agency. Stephen Hornby was driving a Ford Transit flatbed vehicle signed with ‘Hornby’s Home and Garden Improvements’ when he was ordered to stop by a multi-agency operation on 26th September 2019.
It was discovered Hornby was transporting waste including a tree stump, branches, plastic wrapping, a fence panel, rubble, and concrete. Hornby was issued with a letter recommending he register as a waste carrier within 10 days.
Despite the letter, it was discovered on 14th October 2019 no registration took place. Hornby was charged with (on 26th September 2019) being a person who is not a registered carrier of controlled waste, did, in the course of his business or otherwise with a view to profit, transport controlled waste, namely a tree stump, branches, plastic wrapping, a fence panel and concrete and rubble to Buzz Bingo, Gala Way, Nottingham, NG5 9RU, being a place in Great Britain contrary to section 1 (1) of the Control of Pollution (Amendment) Act 1989.
Hornby was found guilty at Nottingham Magistrates’ Court on 14th December 2020 after he failed to attend court. The Magistrates imposed a fine of £1,000, costs of £2,217.84, and a victim surcharge of £110.
In November 2019, we launched this innovative offering for clients seeking access to advice for an agreed annual fee.
This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
This is an alternative to our standard retainer system and offers clients an opportunity to obtain advice where the cost is pre-determined for the whole year. This arrangement would suit clients who may from time to time need to seek legal advice but may hold off preferring a ‘wait and see’ approach.
In our experience, early intervention can reduce the risk of the situation escalating as we can give advice and guidance that nips regulatory issues in the bud before they develop into something far worse. We also strongly recommend our clients consider taking out legal expenses insurance to cover investigations and prosecutions brought by regulators.
DyneProtect© has teamed up with Butcher & Barlow solicitors to provide DyneProtect© clients access to a specialist team of corporate and commercial lawyers for up to 1 hours’ worth of free telephone advice/legal consultation.
Butcher & Barlow have a dedicated commercial and agricultural hub on Gadbrook Park in Northwich which provides advice and assistance to a host of business clients in specialist areas such as Corporate and Commercial Law, Commercial Property, Private Client and Agriculture.
If you have a corporate or commercial issue which Dyne Solicitors is unable to handle, then Butcher & Barlow’s Commercial team will certainly be able to step in and assist.
DyneProtect© has also negotiated price reductions on OLAT / Driver CPC courses run by training providers KP Legal Limited who are offering discounts to DyneProtect© clients on Operator Licensing Awareness / Compliance training (-20%) and Periodic Driver CPC training (-10%).
