West Berkshire Council

Tyre Bay Newbury fined £11,000 for business waste.

The fine is a result of an investigation by the council's waste team.

STOCK IMAGE: Scales of justice

Issued on: 2 February 2018

Reading Magistrates have fined the Tyre Bay Newbury Limited, Bone Lane, Newbury £6,000 for failing in their Duty of Care in relation to waste produced by their business. The company was also ordered to pay a total of £5,014.50 in costs bringing the total fine to £11,014.50

The fine was the result of an ongoing investigation (started in February 2016)  by West Berkshire Council's waste team into how the company disposes of the waste it produces.

All businesses must keep copies of the written documentation (transfer notes) each time they transfer waste that has been created by their business to another person for disposal. Legislation requires that businesses keep a transfer note or copy of it for at least 2 years and produce it to an officer of a waste collection authority on demand within 7 days.

The Magistrates agreed that the company had failed to comply with their duty of care and the company was convicted of two offences in relation to failing to produce waste transfer notices upon request in accordance with the legislation on 2 March 2016 and 6 December 2016.

The matter was listed for trial on the 30 January 2018 after Tyre Bay submitted a reply form confirming a not guilty plea to two offences under Section 34 of the Environmental Protection Act 1990.  A representative of The Tyre Bay Newbury Limited did not attend court and the Court decided to proceed with the trial in their absence and fined them £3k per offence.

Dominic Boeck, West Berkshire's Executive Member for Waste said:

"This penalty sends a clear message to businesses that they must comply with the law and ensure that the waste they produce is disposed of in the proper manner and with documentation to support this. These checks are an important part of waste management, ensuring that waste is not disposed of illegally such as via fly-tipping."

Anyone with information relating to a business disposing of waste illegally or witnessing fly-tipping is asked to record as much information as possible and contact Customer Services at West Berkshire Council (01635) 519080 or emailcustomerservices@westberks.gov.uk