After failing to supply the council with waste transfer notes, a takeaway in Northenden has been ordered to pay £9,000 in fines.
Following multiple visits from Council officers and legal action requesting to see the company’s waste transfer notes, Drumstick Takeaway, located on Palatine Road, south Manchester, was fined £9,000 and ordered to pay £500 in costs plus, a victim surcharge of £190.
Under Section 34 Environmental Protection Act 1990 all businesses must keep and retain waste transfer notes to demonstrate proper management of their waste for a minimum of two years and must present these to the council on request.
On two separate occasions, between July and August 2021, Council Officers visited Drumstick Takeaway on Palatine Road as part of a project to confirm businesses in the area had proper waste management arrangements in place. The business failed to contact the officer with any documentation to demonstrate they had adequate arrangements in place.
Council officers further contacted the takeaway and served a legal notice, formally requesting copies of their waste transfer notes covering the previous 6 months. The business responded and provided paperwork that did not comply with legal requirements of a waste transfer note.
The Council wrote again to the takeaway in late 2021, allowing them more time to submit the correct requested documents. No reply was received and they were served with a Fixed Penalty Notice (FPN) of £300.
This FPN remained unpaid and then the Council’s Environmental Crimes Team investigated further, the investigating officer subsequently wrote to the company on two separate occasions in October 2021, inviting them to answer questions under caution to explain why the Notice had not been complied with however, no reply was received.
A file was therefore referred to the Council’s Legal Services Team for prosecution. The company attended previous court hearings in 2022 and the case was adjourned to allow them to provide further evidence regarding their waste management arrangements. Following these hearings, the company sent further paperwork to the Council however, this also failed to meet the requirements of the legal notice served. The company failed to attend the hearing on 12 January 2023 and was found guilty in their absence
Manchester City Council’s Executive Member for Vibrant Neighbourhoods, Councillor Lee- Ann Igbon , said:
“Drumstick Takeaway ignored all of our efforts to contact them and failed to provide the correct waste note, which they are legally obligated to provide the Council upon request.
“The business failed to provide adequate evidence of how they dispose of waste and failed to work with our teams. I’d like to pay tribute to our Neighbourhood Compliance team for their thorough and continued efforts to contact the business.
“If you have information which could help Manchester City Council to catch a fly-tipper, please go to www.manchester.gov.uk/flytipping.”
