Former restaurant owner in Derbyshire town hit with fine for fly-tipping – as council promises “zero-tolerance”

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A former restaurant owner was slapped with a fine after a fly-tipping incident in Derbyshire.

On July 19, Christian Kent – the former director of the Tahini Lounge in Dronfield – was prosecuted by North East Derbyshire District Council (NEDDC) for offences under sections 33 and 34 of the Environmental Protection Act 1990.

A member of the public witnessed waste being deposited from a vehicle on April 24 2021, by two men on Fanshaw Gate Lane, Holmesfield. The witness was able to provide details of the incident and the vehicle registration to NEDDC’s environmental enforcement team. The investigating officer retrieved evidence from the waste proving it had come from the Tahini Lounge that evening.

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Enforcement officers interviewed Mr Kent, who was the director of The Tahini Lounge at the time and was also working on the premises that evening. It was established that the vehicle used to dump the waste was registered to a company Mr Kent was also the director of.

This is the rubbish that was fly-tipped at Holmesfield.This is the rubbish that was fly-tipped at Holmesfield.
This is the rubbish that was fly-tipped at Holmesfield.

The Environmental Protection Act 1990 Section 33 states that where waste is illegally deposited from a vehicle, the person who controls the use of a vehicle used to fly-tip waste shall be treated as knowingly causing the waste to be deposited.

At court, Mr Kent claimed to be unaware of the incident at the time but accepted he was in a position to control the use of a vehicle and failing to prevent the escape of waste from his control.

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Mr Kent was fined £500 and was ordered to pay a £50 victim surcharge – as well as £1187.22 prosecution costs and £100 compensation to the witness.

NEDDC’s cabinet member for environmental services, Coun Stephen Pickering, said: “We have a zero tolerance policy on fly-tipping in our district as we endeavour to preserve its beauty.

“We encourage all members of the public to be vigilant and report anyone they see fly tipping as we have a dedicated enforcement team to deal with waste crime.”

You can report instances of fly-tipping via the NEDDC website here.