A barbers shop and a restaurant have been ordered to pay thousands of pounds in fines and costs for failing to show they had disposed of their waste legally.
All businesses, no matter how small, must pay a licenced commercial waste collector to dispose of their rubbish and recycling. Waste transfer notes are legal documents to show a company has passed waste onto a business which has the appropriate licence to collect it.
On Tuesday (October 8) Daniel Manning, proprietor of Sea Dogs Barbers in St Austell, pleaded guilty at Bodmin Magistrates’ Court, to failing to provide waste transfer notes as requested by Cornwall Council.
The business was fined £1,000 and ordered to pay £2,500 towards costs.
Also on Tuesday at Bodmin Magistrates’ Court, Dave Lee, of the Chinese takeaway and restaurant Little China in Mevagissey, pleaded guilty to failing to provide waste transfer notes as requested by Cornwall Council.
Little China was fined £1,000 and ordered to pay £2,000 towards costs.
The council offered both businesses the option to discharge the offence through a Fixed Penalty Notice, but because they did not respond, the matter proceeded to court.
There is a legal responsibility (Section 34 of the Environmental Protection Act 1990) on all businesses to:
- Make sure their waste is stored correctly and does not escape their control.
- Only give their waste to an authorised person (a waste disposal company that can legally take it).
- Make sure a written record of the waste is kept every time the waste is passed to a waste disposal company for a minimum of two years.
This applies to retail businesses, B&Bs and holiday rentals, as well as manufacturing, agriculture and food businesses.
Councillor Martyn Alvey, Cornwall’s portfolio holder for environment and climate change, said: “The household waste service is paid for by taxpayers and should not be misused by businesses.
“Any waste created in a business premise or by a business is considered 'business waste' and cannot be collected by us or taken to the Household Waste and Recycling Centres (HWRCs).
"I urge all businesses to ensure they have an appropriate waste collection contract in place with a registered waste carrier.”
Businesses can find more information on the legal requirements for trade waste disposal on the Cornwall Council website.
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