In May 2017 Derby City Council Environmental Protection team received a complaint of waste being dumped on Moore St Derby, upon investigation, it became clear that the waste had been left by Coco’s Dessert Factory.
The Director and Manager denied any knowledge and so they were served with a section 108 notice under the Environment Act 1995 asking the Director to supply us with information on how they deposit their waste in order to to establish if they had any trade waste agreement in place at the time of the offence.
In February 2018 solicitors acting on behalf of the company supplied a copy of a trade waste agreement alleging it was in place at the time of the offence but thanks to the diligent work of our officers it was established that the information supplied was false, further strengthening the case to prosecute.
At court, the defendants were found guilty of Non-response to s108 and Duty of care and were fined a total of £48, 431.35 including prosecution costs and compensation. On Appeal, this was reduced to £17,631.36
Councillor Matthew Holmes, Cabinet Member for Regeneration and Public Protection said:
“This has been a good result for the Council and sends out a strong message that we will not stand for businesses or individuals littering and fly tipping in this City.
In the past year officers have worked very hard to investigate over 1200 reports and where evidence can be found officers will take appropriate enforcement actions.”