Former Derbyshire restaurant owner fined over fly-tipping incident

A member of the public witnessed waste being deposited from a vehicle on 24 April 2021, by two men on Fanshaw Gate Lane, Holmesfield. The witness was able to provide details of the incident and the vehicle registration to our Council Environmental Enforcement Team. The Investigating Officer retrieved evidence from the waste proving it had come from the Tahini Lounge that evening.

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.

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.

In 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. He was fined £500, ordered to pay a £50 victim surcharge, £1,187.22 prosecution costs and £100 compensation to the witness.

North East Derbyshire District Council Cabinet Member for Environmental Services, Cllr Stephen Pickering said, “We have a zero tolerance policy on fly tipping in our district as we endeavour to preserve its beauty.”