A Somerset takeaway owner faces a bill of more than £5,000 for improperly disposing of business waste in public litter bins.
In February 2023, Somerset Council’s waste contractor reported a fast food takeaway outlet in Frome disposing of business waste in public litter bins and other locations around the local area.
Council Environmental Protection officers carried out a trade waste inspection at UK Kebab, 7 Bath Street. Its owner, Eyub Saliev, could not provide evidence of holding a current commercial waste contract and could not account for how commercial waste generated by the business was lawfully being disposed of.
In 2021, the business owner had been issued Fixed Penalty Notices and a formal caution for unlawfully disposing of waste in contravention of Regulations.
Mr Saliev pleaded guilty at Taunton Magistrates’ Court on Tuesday, 8 October, admitting contraventions relating to fly tipping and commercial waste duty of care, under the Environmental Protection Act 1990.
The Lay Magistrates ordered Saliev to pay a fine of £865, reduced from £1,297 due to his early guilty plea, along with a compensation order of £2,052 to Somerset Council.
Additionally, he was also required to cover the Council’s legal and investigation costs of £1,887 and a Victim Surcharge of £346, bringing the total amount to £5,150.
The Lay Magistrates accepted the parties’ submissions that Mr Saliev had acted recklessly in the duty of care he owed in respect of controlled waste, especially given past interactions with the Council.
Councillor Federica Smith Roberts, Lead Member for Communities, Housing Revenue Account, Culture, and Equalities and Diversity said:
Businesses owners have a legal responsibility to dispose of their business waste in accordance with the law. Proceedings like this are time-consuming and challenging, and while we would always rather help businesses do the right thing, we will seek prosecutions for fly tipping where necessary.
For more information about the Duty of Care responsibilities of businesses with respect to waste, visit DEFRA’s Waste duty of care: code of practice page.
