Illegal waste operator and landowner prosecuted

  • 20-week suspended prison sentence for illegal waste operator for burning waste in Newark, Nottinghamshire
  • Owner of land used to burn waste also prosecuted
  • Each ordered to pay costs of over £18,000

The case against Samual Hussan, of Beaver Cotes Close, Newark, NG24 4JT, aged 61, and Frederick Hardy, of Corner Farm, Farndon, Newark, NG24 3SD, aged 75, concluded at Nottingham Magistrates’ Court on Wednesday 27 April 2022.

Hussan had admitted the offence at a previous hearing. He received a 20-week prison sentence suspended for 2 years, a 12-week curfew from 8pm-6am, was ordered to pay costs of £18,236.20 and a victim surcharge of £115. In addition, he was disqualified from being a director for 5 years.

At a previous hearing, the landowner, Frederick Hardy, admitted he had knowingly permitted the operation without the necessary environmental permit. He was fined £2,666 and ordered to pay costs of £18,236.79 and a victim surcharge of £170.

The court was told that Hussan had made a significant financial gain from operating the site. Operations at the site commenced in February 2018.

Hussan told officers from the Environment Agency that he had been paid £50 per tonne for the waste and that there were 300 tonnes of bales on the site.

However, officers discovered that waste on the site included road plainings, wood, plus construction and demolition waste. There were also at least 1,000 bales of waste which contained carpets, duvets and mattresses.

The court was told that it was estimated that Hardy had subsequently cleared the site at a cost in excess of £64,000 and removed the waste to landfill.

Newark and Sherwood District Council first received a complaint about the burning of materials on the site in March 2018.

Hussan originally denied burning waste on the site and that the majority of his activities had involved the grading of wood. He believed that exemptions from an existing environmental permit covered his activities.

Hardy admitted he had allowed Hussan to use the site and that he was aware of waste being burned. He had organised access to the site from neighbouring land and for the construction of a weighbridge.

The court was told that Environment Agency officers in May 2018 had de-registered 14 exemptions for the site on the basis that they posed a significant environmental risk.

A spokesperson for the Environment Agency said:

We hope this case will send a clear message that we do not hesitate to take action to protect the environment and bring perpetrators to justice.

These people operated the site without the required permit which, as well as undermining the regulatory regime, also had an impact on lawful waste operators.

We are actively targeting illegal waste activities across the country and would urge all those seeking to become involved in the waste industry to ensure they have the appropriate permits and authorisations in place before commencing their operations.

Businesses and householders should carry out checks to ensure that they are using legitimate companies to deal with their waste. To check if a waste carrier is genuine visit: https://environment.data.gov.uk/public-register/view/index.

Anyone who suspects a company is operating illegally can call the Environment Agency 24/7 on 0800 80 70 60 or report it anonymously to Crimestoppers on 0800 555 111.

Charges

Between 22 March 2018 and 12 June 2018 at a site adjacent to Cotham Lane, Hawton, Newark, Nottinghamshire NG24 3RJ, Samual Hussan did operate a regulated facility, namely a waste operation for the deposit, treatment and storage of waste, except under and to the extent authorised by an environmental permit, contrary to Regulations 12(1) and 38(1)(a) of the Environmental Permitting (England & Wales) Regulations 2016.

Between 22 March and 12 June 2018 at a site adjacent to Cotham Lane, Hawton, Newark, Nottinghamshire NG24 3RJ, Frederick Hardy did knowingly permit the operation of a regulated facility, namely a waste operation for the deposit, treatment and storage of waste, except under and to the extent authorised by an environmental permit, contrary to Regulations 12(1) and 38(1)(a) of the Environmental Permitting (England & Wales) Regulations 2016.




Borders Act to overhaul asylum system becomes law

News story

The Nationality and Borders Act passed today (Thursday 28 April 2022) will deliver the biggest overhaul of our asylum system in decades.

The Borders Bill is now law graphic

The Nationality and Borders Act will deter illegal entry into the UK, breaking the business model of people-smuggling networks, and speed up the removal of those with no right to be in the UK.

This will in turn free up the asylum system so we can better support those in genuine need of asylum through safe and legal routes.

In addition, the act puts into law that those who arrive illegally in the UK – who could have claimed asylum in another safe country – can be considered as ‘inadmissible’ to the UK asylum system.

Home Secretary Priti Patel said:

This is a huge milestone in our commitment to our promise to the British public – a fair but firm immigration system.

While there is no single solution to the global migration crisis, these new laws are the first step in overhauling our decades-old, broken asylum system.

We will now work tirelessly to deliver these reforms to ensure we have an immigration system that protects those in genuine need while cracking down on abuse of the system and evil people-smuggling gangs.

These key reforms will be operating alongside a raft of other new measures, including:

  • tougher penalties for people smugglers with a maximum sentence of life imprisonment
  • increasing the maximum penalty for illegally entering the UK or overstaying a visa to 4 years’ imprisonment
  • new measures to end the merry-go-round of legal challenges which can be used to frustrate removal of those with no right to be in the UK
  • cracking down on adults pretending to be children by introducing scientific methods for age assessment
  • a new US-style Electronic Travel Authorisation scheme to slam the door on criminals before they even get here

Officers, prosecutors, caseworkers and judges will be able to make full use of these new powers from the summer once new guidance and training is rolled out.

Given the extent of these reforms, measures will be implemented over the coming months and into next year.

Royal Assent of the Nationality and Borders Act comes after Prime Minister Boris Johnson announced a package of measures to tackle illegal migration earlier in the month.

This included a world-leading partnership with Rwanda to relocate people entering the UK via dangerous or illegal journeys, such as by small boat or hidden in lorries, to have their asylum claim processed in Rwanda to build a new life.

Published 28 April 2022




Increased sentence for Bedford child abuser

News story

Claire Buttice’s sentence has been increased to 16 years’ imprisonment following a hearing at the Court of Appeal.

A Bedford woman has received an increased sentence for child abuse and child sex abuse after her case was referred to the Court of Appeal by the Solicitor General Alex Chalk QC MP.

Claire Buttice, 42, engaged in a sustained course of sexual and mental abuse against children in cooperation with her partner. This abuse included causing/inciting a child under 13 to engage in sexual activity and causing a child to watch a sexual act. She would also regularly beat the children.

Buttice has four previous convictions for child sexual abuse, including making and distributing indecent images of a child.

On 28 January 2022 Buttice was sentenced to 12 years’ imprisonment at Luton Crown Court. She has also been ordered to sign on the sex offenders register indefinitely and has been given a restraining order in respect of each of the victims. Her partner received a sentence of 23 years’ imprisonment at Luton Crown Court for his role in the abuse.

Following the original sentencing, the Solicitor General referred Buttice’s case to the Court of Appeal under the Unduly Lenient Sentence scheme because he believed it to be too low.

On 28 April the Court found her original sentence to be unduly lenient and increased it to 16 years’ imprisonment. Speaking after the hearing, the Solicitor General Alex Chalk QC MP said:

These crimes were among the most horrifying instances of child abuse and child sex abuse imaginable, and these children will have to carry the trauma of what happened to them for the rest of their lives.

I welcome the Court’s decision to impose an increased sentence which shows that such acts of cruelty towards children will receive severe punishment.

Published 28 April 2022




Skills Bill becomes law

New laws have been passed today (28 April) through the Skills and Post-16 Education Act that will help transform the skills and training landscape and level up opportunities across the country.

Skills to support the growing green economy will be prioritised to create a workforce for jobs now and in the future, and schools will be required to make sure all children get to meet people that provide technical education routes such as apprenticeships, T Levels or traineeships – opening their eyes to a wide range of careers.

The legislation will help economic recovery and growth by making it easier for people to get the skills they need to secure well-paid jobs in industries with skills gaps, such as health and social care, engineering, digital, clean energy and manufacturing. It will also give more people the opportunity to get jobs in their local areas, by requiring employers and colleges to work together to identify the skills needed within communities.

The unethical practice of essay mills will also be criminalised to tackle companies that actively facilitate cheating and dishonest behaviour by providing students with essays for money.

The Act underpins the government’s transformation of post-16 education and skills as set out in the Skills for Jobs White Paper and will help level up and drive growth across the whole country.

Minister for Skills Alex Burghart said:

The Skills and Post-16 Education Act will transform the skills, training and post-16 education landscape and level up opportunities across the country.

This legislation will make sure everyone can gain the skills they need to progress into a rewarding job, and businesses have access to a pipeline of talented, qualified employees for their workforces – boosting productivity.

Key measures introduced by the Act include:

  • embedding employers in the heart of the skills system by placing a legal requirement on colleges and other providers to work with employers to develop skills plans, so that the training on offer meets the needs of local areas, and people no longer have to leave their hometowns to find great jobs;
  • making sure all pupils meet providers of technical education so that they understand the wide range of career routes and training available to them, such as apprenticeships, T Levels or traineeships, not just the traditional academic options;
  • prioritising green skills so the training on offer across the country meets the needs of the growing green economy and helps gets more people into jobs;
  • supporting the transformation of the current student loans system so from 2025 learners can access a flexible loan for higher-level education and training at university or college, useable at any point in their lives;
  • introducing new powers to intervene when colleges are failing to deliver good outcomes for the communities they serve;
  • making it a criminal offence to provide, arrange or advertise essay mill services for financial gain to students taking a post-16 qualification at institutions in England including colleges, universities and sixth forms; and
  • creating a unified skills system that builds from quality gains achieved with apprenticeships and T Levels by ensuring all technical qualifications match up to employers’ high standards.

Employers in eight trailblazer areas across the country have already been working with local training providers to create skills plans that align to what local communities need. These plans are now being rolled out across the country, opening up more opportunities for people to gain the skills they and businesses need to succeed.

The new measures build on the work already under way to boost skills and get more people into better jobs, including working with employers to create more apprenticeship opportunities, establishing a network of Institutes of Technology and rolling out new T Levels.

Jennifer Coupland, chief executive of the Institute for Apprenticeships and Technical Education (IfATE), which leads with implementing the government’s employer-led technical education reforms, said:

Following passage of this landmark legislation, we can look forward to creating a unified skills system which is simpler to understand and employers and learners can really trust.

IfATE has empowered employers to drive up the quality of apprenticeships and roll out exciting new T Levels. The time is now right to extend the employer-led reforms across technical education.




Animal health and welfare bills receive Royal Assent

Protections for animals were boosted today as pieces of legislation banning the use of cruel glue traps and introducing fines for people who fail to provide the proper levels of care to their pets, zoo animals and livestock became law.

The Glue Traps (Offences) Act, introduced by Jane Stevenson MP, bans the use of inhumane glue traps which are a widely available method of rodent control but can cause immense suffering. Animals can remain alive for 24 hours or more, eventually dying of stress, exhaustion, dehydration or self-inflicted injuries. Wildlife and domestic pets can also get stuck to the traps.

Under the Animals (Penalty Notices) Act, introduced by Andrew Rosindell, people who fail to properly care for their pets, zoo animals and livestock could face fines of up to £5,000. The measures in the Act will help drive up animal welfare standards closing the gap between warnings and criminal prosecution, and acting as an important deterrent alongside the current five-year maximum prison sentence for animal welfare offences, which was increased through the Animal Welfare (Sentencing) Act passed last year. Under this new legislation, fines could be handed out by enforcement authorities to pet breeders who fail to microchip puppies before being rehomed, horse owners tethering their animal in a way that neglects their basic needs or a farmer transporting livestock that are not fit for travel.

In addition, the Government’s Animal Welfare (Sentience) Bill has today also gained Royal Assent. This will create a new Animal Sentience Committee made up of experts from within the field. This committee will hold government to account on how well their decisions have taken account of the welfare of sentient animals, publishing reports that Ministers need to respond to in Parliament.

These acts build on the action we have already taken to boost the UK’s reputation as a global leader on animal rights. Now that we have left the EU, the UK has new freedoms to further strengthen animal health and welfare standards.

Animal welfare minister Lord Zac Goldsmith said:

We are a nation of animal lovers and the passing of today’s legislation is a significant moment for the health and welfare of the country’s animals.

The UK, since leaving the EU, has been able to further strengthen its position as a global leader on animal rights. The penalty notice measures being introduced today will act as a powerful deterrent, building on measures we have already taken such as increasing prison sentences for cruelty offences. We will also be protecting wildlife and domestic pets from falling victim to inhumane glue traps, and we have delivered on our manifesto commitment to put animal sentience provisions into law.

The Glue Traps (Offences) Act, which was introduced to Parliament by Jane Stevenson MP, will ensure licences to use glue traps are only issued to professional pest controllers on an exceptional basis, to preserve public health or safety where there is no suitable alternative. Licence holders would then need to follow conditions set out in the licence to ensure the welfare of any rodents is upheld, such as regular monitoring of set traps. This means those found to have used a trap without a licence could face up to six months in prison and/or an unlimited fine. The ban will come into force in the next two years.

Welcoming the Royal Assent of the Glue Traps (Offences) Bill, Jane Stevenson, MP for Wolverhampton North East, said:

I am absolutely thrilled that my Glue Traps Bill has been granted Royal Assent, meaning it has now become law. The banning of the use of glue traps by the general public is another step forward in the strengthening of animal welfare legislation in England, and I want to thank everyone involved in making this happen.

The use of glue traps is cruel and barbaric, and has often led to animals not intended to be caught in these traps dying in the most inhumane way. Together with ministers at Defra and agencies such as the RSPCA, HSI and others, I am pleased to have made a positive difference.

Welcoming the Royal Assent of the Animals (Penalty Notices) Bill, Andrew Rosindell, MP for Romford, said:

Today, my Animals (Penalty Notices) Bill became law after receiving royal assent from Her Majesty The Queen. Individuals who commit offences against animals will now face fines of up to £5,000. This Act of Parliament will enable fines to be introduced to ensure that offenders face tougher penalties for crimes in addition to the existing maximum 5-year prison sentence for the most serious offences.

This is an absolutely right step forward to ensure that our legislation protecting animals is the strongest anywhere in the world. It has been an honour to work with animal welfare charities including the RSPCA and the Battersea Dogs and Cats Home, in ensuring the Bill strikes the right balance in closing the gap between the worst offences, and those which receive no punishment. I look forward to working with colleagues and the Government to further strengthen our protections for animals.

Claire Bass, executive director of Humane Society International/UK, said:

We warmly welcome both the Sentience Act, as a critical foundation for future animal welfare policy improvements, and the ban on crude and inhumane rodent glue traps, which will prevent an enormous amount of suffering for some of our smallest, most vulnerable creatures. Animal welfare matters hugely to the British public, and it is absolutely right and proper that that sentiment is reflected in British laws.

RSPCA Director of Advocacy and Policy Emma Slawinski said:

It’s a good week for animal welfare; the RSPCA has been campaigning on these issues for a long time. Glue traps inflict awful injuries on wildlife, pets and other animals; it’s high time they were banned. Recognising that animals experience feelings and emotions is vital to help protect them and Fixed Penalty Notices will help to bridge the gap between advice and prosecution.

Battersea Dogs and Cats Home’s Head of Policy & Public Affairs, Michael Webb, said:

As a leading animal welfare organisation, we welcome the steps made today to further protect all animals. We hope that the new Penalty Notices Act will be an effective tool in clamping down on minor offences, including breaching microchipping regulations, alongside the continued use of the Animal Welfare Act to punish those who commit an offence that harms animals. We look forward to working with Defra to establish in greater detail which offences will be subject to the use of Fixed Penalty Notices, to ensure the Act is as effective as possible.

These three acts will help build on the Government’s commitment to provide leadership on animal welfare and revolutionise the treatment of animals in the UK and introduce measures to protect the health and welfare of animals at home and abroad, as set out in the Action Plan for Animal Welfare.