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Trader of Welling shop hit with £2,500 fine after failing to comply with waste disposal rules

PUBLISHED: 11:57 30 November 2017 | UPDATED: 11:57 30 November 2017

Bexley Magistrates' Court

Bexley Magistrates' Court

Archant

A businessman has been handed a £2,500 fine after failing to comply with a statutory notice relating to his site’s waste disposal arrangements.

Balachandra Kovarathan, formerly of A.J.J. Food & Wine, Bellegrove Road, Welling, was ordered to pay the fine, £300 in costs and a victim surcharge of £250 at a hearing at Bexley Magistrates’ Court on Monday, November 27. He had failed to comply with a statutory notice issued under Section 34 of the Environmental Protection Act 1990.

After a quarterly invoice for collection of the shop’s waste was not paid, arrangements were made for its 1,100 litre Eurobin to be removed, in September 2016. The next month, Highways Enforcement wrote to Kovarathan to inform him that their business trade waste agreement had been terminated. He was also required to supply written confirmation of his waste disposal arrangements, with relevant copies of appropriate documentation, within 10 days in order to satisfy Bexley Council that he was lawfully disposing of his trade waste.

The statutory notice issued to the trader was given in December 2016, requiring copies of waste transfer notes within seven days, including a written description of the waste, where it was transferred and the name and address of whoever collected it. The notice also warned it was an offence to fail to comply with the notice.

In January 2017, a Fixed Penalty Notice and covering letter were delivered to Mr Kovarathan, ordering a payment of £90 within 10 days, increasing to £300 payable within 14 days.

Receiving no response, the council took the case to court. The trader’s response in court was that he was sorry for having ignored the council’s correspondence: he had misplaced the authority’s letters and was no longer involved in running the business.

Councillor Peter Craske, cabinet member for community safety, environment and leisure, said: “I’m pleased that the magistrates recognised the seriousness of this offence. All businesses have a legal responsibility for the safe disposal of waste.

“In cases where commercial premises don’t have a waste contract with the council, it is their legal responsibility to make their own arrangements for waste disposal. Businesses are also required to keep written description records of that waste and copies of the waste transfer notes for up to two years.”

For more information on business waste and recycling, visit bexley.gov.uk/businesswaste.

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