News story: Plastic purge: Defra Legal Advisers

Updated: Change of title

As the government announces a deposit scheme to encourage people to recycle plastic bottles and cans, GLD lawyers have been doing their bit to help stem the mounting volume of plastic waste that is posing a threat to much of the world’s wildlife.

Brought into focus by the recent series Blue Planet II in which David Attenborough highlighted the toxic effect of plastic waste on the world’s oceans, government lawyers from Defra Legal Advisers have joined a global effort to curb pollution.

Gilly Stratford of GLD was part of the UK delegation that joined the third United Nations Environmental Assembly which took place recently in Nairobi, otherwise known by its more snappy acronym UNEA-3.

UNEA-3’s aim was to work towards ridding the planet of pollution, including the menace of marine plastic litter. At the end of long and intense negotiations, 15 anti-pollution measures were unanimously agreed by the 190+ countries which attended. Gilly’s role was to advise policy colleagues and help draft amendments to the texts, while keeping an eye on the UK’s negotiating position.

While these measures are not legally binding, they nonetheless send out a statement of intent. Defra achieved all its objectives at UNEA-3, especially its main aim to reduce marine pollution by plastics and microplastics.




Press release: Treacle Jug Farm waste operator stuck with £2,307 fine

The owner of Bradley Brothers Skip Hire (BBSH), a waste management business in Ferrensby near Harrogate, has been fined £2,307 and ordered to pay £4,000 costs and a £170 victim surcharge following a successful prosecution by the Environment Agency.

David Bradley (55) of Treacle Jug Farm, Ferrensby, North Yorkshire, was sentenced on 3 April at Harrogate Magistrates’ Court having admitted to offences relating to the deliberate violation of an Environment Agency enforcement notice, the illegal operation of a waste management facility and failing to exercise duty of care in the transfer of controlled wastes.

The Environment Agency prosecuted after Bradley repeatedly and deliberately flouted his legal obligations over a 32 month period, beginning in February 2014 after officers discovered BBSH’s Treacle Jug Farm site was in breach of its Environmental Permit conditions during a routine inspection.

The site was found to be full beyond its design capacity, leading to an inability to treat and process waste within the confines of a dedicated building as required by its Environmental Permit. Waste material had also been tipped in front of the entrance of the building and skips of waste were being stored outside and not on sealed drainage, representing an environmental risk of pollution and increasing the risk of amenity issues such as odours, pests and dust. Bradley was instructed to bring the site back into compliance, which he failed to do.

Bradley continually failed to comply with the requirements of his Environmental Permit, ignoring the requirements of an enforcement notice to remove waste from the site. He also failed to provide an accurate record of the disposal of 223 separate consignments of waste, which is a criminal offence, and was unable to maintain his continuing competency to operate a waste facility, another breach of the site’s Permit. BBSH even continued to accept waste into the Treacle Jug Farm site after its Permit was suspended and finally revoked.

An Environment Agency spokesperson said:

We had sought to work with Mr Bradley to help bring the site into compliance and provided a number of opportunities for corrective action to be taken. However, Mr Bradley failed to respond to our efforts and even illegally imported waste into the site once the company’s permit to operate had been withdrawn.

The conditions of an Environmental Permit are designed to protect people and the environment. Failure to comply with these legal requirements is a serious offence that can damage the environment, undermine those who adhere to the rules and cause misery for local communities.

We hope the court’s sentencing decision demonstrates the importance of companies adhering to environmental permitting rules.

In mitigation, Bradley said that he had made attempts to clear the waste but was under financial pressures due to outstanding debts.

Bradley was also ordered to pay £4,000 costs and £170 victim surcharge.




Press release: Treacle Jug Farm waste operator stuck with £2,307 fine

The owner of Bradley Brothers Skip Hire (BBSH), a waste management business in Ferrensby near Harrogate, has been fined £2,307 and ordered to pay £4,000 costs and a £170 victim surcharge following a successful prosecution by the Environment Agency.

David Bradley (55) of Treacle Jug Farm, Ferrensby, North Yorkshire, was sentenced on 3 April at Harrogate Magistrates’ Court having admitted to offences relating to the deliberate violation of an Environment Agency enforcement notice, the illegal operation of a waste management facility and failing to exercise duty of care in the transfer of controlled wastes.

The Environment Agency prosecuted after Bradley repeatedly and deliberately flouted his legal obligations over a 32 month period, beginning in February 2014 after officers discovered BBSH’s Treacle Jug Farm site was in breach of its Environmental Permit conditions during a routine inspection.

The site was found to be full beyond its design capacity, leading to an inability to treat and process waste within the confines of a dedicated building as required by its Environmental Permit. Waste material had also been tipped in front of the entrance of the building and skips of waste were being stored outside and not on sealed drainage, representing an environmental risk of pollution and increasing the risk of amenity issues such as odours, pests and dust. Bradley was instructed to bring the site back into compliance, which he failed to do.

Bradley continually failed to comply with the requirements of his Environmental Permit, ignoring the requirements of an enforcement notice to remove waste from the site. He also failed to provide an accurate record of the disposal of 223 separate consignments of waste, which is a criminal offence, and was unable to maintain his continuing competency to operate a waste facility, another breach of the site’s Permit. BBSH even continued to accept waste into the Treacle Jug Farm site after its Permit was suspended and finally revoked.

An Environment Agency spokesperson said:

We had sought to work with Mr Bradley to help bring the site into compliance and provided a number of opportunities for corrective action to be taken. However, Mr Bradley failed to respond to our efforts and even illegally imported waste into the site once the company’s permit to operate had been withdrawn.

The conditions of an Environmental Permit are designed to protect people and the environment. Failure to comply with these legal requirements is a serious offence that can damage the environment, undermine those who adhere to the rules and cause misery for local communities.

We hope the court’s sentencing decision demonstrates the importance of companies adhering to environmental permitting rules.

In mitigation, Bradley said that he had made attempts to clear the waste but was under financial pressures due to outstanding debts.

Bradley was also ordered to pay £4,000 costs and £170 victim surcharge.




Press release: Treacle Jug Farm waste operator stuck with £2,307 fine

The owner of Bradley Brothers Skip Hire (BBSH), a waste management business in Ferrensby near Harrogate, has been fined £2,307 and ordered to pay £4,000 costs and a £170 victim surcharge following a successful prosecution by the Environment Agency.

David Bradley (55) of Treacle Jug Farm, Ferrensby, North Yorkshire, was sentenced on 3 April at Harrogate Magistrates’ Court having admitted to offences relating to the deliberate violation of an Environment Agency enforcement notice, the illegal operation of a waste management facility and failing to exercise duty of care in the transfer of controlled wastes.

The Environment Agency prosecuted after Bradley repeatedly and deliberately flouted his legal obligations over a 32 month period, beginning in February 2014 after officers discovered BBSH’s Treacle Jug Farm site was in breach of its Environmental Permit conditions during a routine inspection.

The site was found to be full beyond its design capacity, leading to an inability to treat and process waste within the confines of a dedicated building as required by its Environmental Permit. Waste material had also been tipped in front of the entrance of the building and skips of waste were being stored outside and not on sealed drainage, representing an environmental risk of pollution and increasing the risk of amenity issues such as odours, pests and dust. Bradley was instructed to bring the site back into compliance, which he failed to do.

Bradley continually failed to comply with the requirements of his Environmental Permit, ignoring the requirements of an enforcement notice to remove waste from the site. He also failed to provide an accurate record of the disposal of 223 separate consignments of waste, which is a criminal offence, and was unable to maintain his continuing competency to operate a waste facility, another breach of the site’s Permit. BBSH even continued to accept waste into the Treacle Jug Farm site after its Permit was suspended and finally revoked.

An Environment Agency spokesperson said:

We had sought to work with Mr Bradley to help bring the site into compliance and provided a number of opportunities for corrective action to be taken. However, Mr Bradley failed to respond to our efforts and even illegally imported waste into the site once the company’s permit to operate had been withdrawn.

The conditions of an Environmental Permit are designed to protect people and the environment. Failure to comply with these legal requirements is a serious offence that can damage the environment, undermine those who adhere to the rules and cause misery for local communities.

We hope the court’s sentencing decision demonstrates the importance of companies adhering to environmental permitting rules.

In mitigation, Bradley said that he had made attempts to clear the waste but was under financial pressures due to outstanding debts.

Bradley was also ordered to pay £4,000 costs and £170 victim surcharge.




Press release: Derbyshire man reeled in for fishing without a licence

The Environment Agency is reminding anglers of the importance of having a rod licence, after a 48 year old Derbyshire man was ordered to pay over £500 in fines after being found guilty of fishing without a licence.

Nathan Hughes of Duffield Road, Little Eaton, was charged £523 after being found in breach of the Salmon and Freshwater Fisheries Act (1975) in January 2018.

The case heard at Northampton Magistrates Court was brought by the Environment Agency following the discovery of the offender on the River Soar at Kegworth.

Following the verdict, an Environment Agency spokesman said:

We are pleased with the outcome and hope that it will provide as a deterrent for any angler thinking of fishing without a licence. All the money raised from rod licence sales is used to protect and improve fish stocks and fisheries, benefitting anglers and those cheating the system will feel the full extent of our legal powers.

Every year across the country, thousands of anglers are prosecuted for not having a fishing licence. As well as swindling other anglers, fishing illegally can carry a hefty penalty. Getting caught without a licence could land a fine of up to £2,500.

Any angler aged 12 or over, fishing on a river, canal or still water needs a licence. An annual licence costs from just £30 (concessions available) and is available from www.gov.uk/get-a-fishing-licence or by calling the Environment Agency on 0344 800 5386 between 8am and 6pm, Monday to Friday.

Anyone with information about illegal fishing activities can contact the Environment Agency Incident Hotline on 0800 80 70 60 or anonymously to Crimestoppers on 0800 555 111.