Cheltenham Magistrates Court 1

A Gloucester businessman with a shop on Barton Street has been convicted for failing in his duty of care for controlled waste.

A prosecution held at Cheltenham Magistrates Court on Monday 28th November found that Mr Philippe Lassey of 120 Barton Street, Gloucester had failed to control the commercial waste produced on his premises.

The court heard how Mr Lassey had instructed a vulnerable person to clear waste from the rear of the commercial premises by discarding it in fifteen 240 litre domestic bins and two 1100 litre communal bins.

The 240 litre bins were filled to the top inside 120 Barton Street and then replaced back on the highway on All Saints Road, and the 1100 litre bins were filled and pushed back to the sheltered housing from where they came.

The seriousness of the offence came to light when it was confirmed that 15 separate households on All Saints Road, and several sheltered housing tenants, were left with nowhere to store their domestic waste until the next collection day, ten days from when the incident took place.

Further investigations saw a weigh bridge used to measure the amount of material placed in the bins, and this found that the illegal waste amounted to approximately 2.5 tonnes.

Cllr Richard Cook, cabinet member for environment said, “The city council takes incidents like this very seriously and we’ll always prosecute where we can. This offence took place in broad daylight and if it wasn’t for an off duty council officer witnessing the incident whilst driving past the premises it may well have been overlooked.

“If you know of anyone who isn’t getting rid of their waste properly please let us know by emailing heretohelp@gloucester.gov.uk or by calling 01452 396396.”

If you operate any form of business, you have a legal responsibility under the Environmental Protection Act 1990 to safely contain and legally dispose of any waste produced from your business.

If you are using a contractor to dispose of your business/commercial waste it is your responsibility to ensure the individual you employ is legally entitled to transport controlled waste. You can check with the Environment Agency that your contractor is licensed.

If you want to transport with the view to dispose of your own business/commercial waste you must also register with the Environment Agency as a waste carrier.

When initially challenged on the matter of illegally disposing of business waste, Mr Lassey had been dismissive of his actions, but in court on 28th November he entered a guilty plea.

In court the magistrates made it clear to Mr Lassey that the maximum penalty for this offence was £5,000, but taking into consideration his early guilty plea, the fact he has no previous convictions and his somewhat limited means, he was sentenced to a reduced the fine from £1000 to £750.

Additionally Mr Lassey was ordered to pay £776.70 for officer costs, £450 for legal costs and a £75 victim surcharge, totalling £2051.70.

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White goods trader convicted for lack of waste control by Kate | Gloucester News Centre - http://gloucesternewscentre.co.uk/