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Council Clamps Down on Enviro-Crime

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Date: 17th August 2009

A shop director has been fined nearly £900 after refusing to work with the council to dispose of his shop's waste properly.

The case was Ashfield District Council's first successful prosecution for failure to furnish trade waste documentation and the first case taken to court by the Council for failure to pay a fixed penalty notice for this offence.

Mr Carl Lapko, director of Flip Down Discounts on Outram Street, Sutton-in-Ashfield, had no trade waste agreement with and it was reported that the shop's waste was being put into another company's bin.

A Neighbourhood Enforcement Officer visited Outram Street following complaints from the public about litter and an accumulation of waste in the alley between Flip Down Discounts and The Sun Rise Tanning Salon.

The landlord of the tanning salon removed all the waste, put a gate up across the alley and got a new trade waste agreement in place with the council.

But despite letters, telephone calls and further visits to the shop by officers Mr Lapko would not co-operate, missed a deadline to get a Trade Waste Agreement in place and was issued with a £300 fixed penalty notice under the Environmental Protection Act.

Mr Lapko failed to arrange an agreement or pay the notice, which was reduced to £180 if he paid within 10 days.

The council took the case to court after receiving no correspondence from Mr Lapko after writing to him two more times.

Mr Lapko did not turn up to Mansfield Magistrates Court and the case was heard in his absence on Wednesday, August 5.

He was fined £500, court costs of £377.79 and a victim surcharge of £15, a total of £892.79.

A collection order was made so the company can be brought before the court if it does not pay the fine and costs within 28 days.

Every business must have a trade waste agreement and keep the receipts for two years. If these receipts cannot be provided upon request a fixed penalty notice can be issued immediately. Any businesses wanting advice or support in setting up a trade waste agreement can call Ashfield District Council on 0800 183 84 84.

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