Record £11,000 bill for fly-tipping takeaway in Islington Council prosecution

A Holloway takeaway that was caught repeatedly dumping its commercial waste in a residential recycling centre has been fined £10,000 plus costs.

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

Cllr Claudia Webbe, executive member for environment and transport, 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.”

Four offences related 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.

One offence related to black bin bags being left on the pavement outside the premises, and 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 spanned 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 10 days.

But after two FPNs were left unpaid despite correspondence from the council, court proceedings were started. 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 they were convicted in their absence. The 21-day leave to appeal has now expired.

Pictured above: The black bin bags recovered from the residential recycling centre on two occasions.


Notes to editors

Notes to editor

The firm was prosecuted under S.33 of the Environmental Protection Act 1990 for fly-tipping (x5), and also S.34 for not providing evidence of a contract for commercial waste disposal.

Charges/fines: £2,000 per offence fly-tipping, £845 costs, £170 victim surcharge. No waste contract – proven, no separate fine.

The final hearing took place on 13 July.

The council sees small business as the lifeblood of its town centres and high streets. We support small businesses in a range of ways:

·        A dedicated team works with small businesses to help with licencing, environmental concerns and crime;

·        Support and assistance for traders’ associations and town centre management groups to more effectively improve business prospects in the borough;

·        Advice and workshops on Business Rates including how to apply for revaluation/appeal;

·        We are developing a programme of free training and advice workshops for small businesses to help traders improve, develop and sustain successful businesses;

·        Organising events and promotions to drive visits to our high street and town centre businesses;

·        An online business portal provides important information, helping businesses better interact with council services.

 

 

Contact information

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