Market Trader prosecuted for fly tipping his business waste

Mr David Langley aged 42 of 4 Sandell Place, Amesbury appeared at Salisbury Magistrates Court on 31 August 2021 and pleaded guilty to fly tipping commercial rubbish on 8 October 2020 in a public car park in Amesbury. He was also prosecuted for failing to provide waste transfer notes to Wiltshire Council when asked to do so and failing in his duty of care in relation to his business waste.

Mr Langley was fined a total of £780 including costs and compensation.

The Court heard how Mr Langley privately operated a fruit and vegetable market stall in a private car park in Amesbury, without any contract in place for his waste disposal. He deposited cardboard, plastic and rotten food waste in a nearby Wiltshire Council car park which attracted multiple complaints from locals and was ultimately cleared by Wiltshire Council.

In addition to this, Mr Langley was issued with a notice that required him to provide Wiltshire Council with his businesses waste transfer notes that would have shown how he lawfully disposes of his commercial waste. Such transfer notes must be retained by all businesses for two years and are a lawful requirement.  Mr Langley failed to produce any of the requested waste transfer notes and in addition, held no waste carriers' licence at the time of the offence.

Mr Langley was issued with Fixed Penalty Notices (FPN's) for these offences by environmental enforcement officers, but he failed to pay any of the fines and was prosecuted as a result.

Cabinet Member for Highways, Cllr Dr Mark McClelland said, "All businesses have a legal duty of care to ensure their waste is correctly and lawfully disposed of and they must retain waste transfer notes in relation to their business waste.

In this case, the actions of Mr Langley led to multiple complaints from locals and a significant cost to Wiltshire Council taxpayers to clear up his mess and investigate the incident.

We want to send a clear message to the inconsiderate minority that we will fine or prosecute if you are caught dumping rubbish illegally."      

Residents can report fly tipping online by visiting www.wiltshire.gov.uk/mywiltshire-online-reporting or by calling 0300 456 0100.