Warminster business owner prosecuted after failing to produce waste transfer notes

Wiltshire Council is reminding businesses owners of their legal responsibility to dispose of their commercial waste correctly after a Warminster resident was issued with a fixed penalty notice (FPN) for waste offences.

After spotting an advert with photos on social media for OJ's Garden Maintenance, the council's Environment Enforcement team investigated the business to identify whether they held the correct documentation to carry and transport waste being created in the course of the business and whether it was being disposed of in the correct manner.

The owner, identified as Owen James Pearce of Portway Lane, Warminster, was served with two 14-day statutory notices requiring him to provide the council with two years' worth of waste transfer notes and a copy of his waste carriers licence.

Waste transfer notes are legal documents that prove a company has passed waste on to a business that has the appropriate licence to collect it. These documents must be kept for a legal period of two years.

After no response was received from Mr Pearce, he was issued with two £300 FPN's for failing to produce waste transfer documents and the failure to produce a copy of his waste carrier licence. These remain unpaid, leading to a court summons.

Mr Pearce appeared at Swindon Magistrates Court on Friday 11 April and was found guilty of failing to produce written documentation relating to the transfer, collection and disposal of commercial waste and of failing to produce a waste carrier's licence. He was fined a total of £1,440 including costs.

Parvis Khansari, Corporate Director Place at Wiltshire Council, said: All business owners have a legal obligation to ensure that any waste produced is disposed of safely, legally and responsibly - and this includes having the correct documentation. This applies whether they take the rubbish away themselves or by a registered waste carrier.

Commercial waste collections are not included within business rates, so all businesses no matter how big or small, must also have a waste collection contract in place.

We also want to advise people to be more cautious when using businesses advertised on social media groups such as those offering tip runs or garden clearance services. Always use a correctly registered business, take down their vehicle details and get a receipt for any waste collected. We want residents to support commercial businesses that act responsibly and ensure their viability.

To find out more about how to correctly dispose of commercial waste, people should visit .