Dorset Council has successfully prosecuted a man for fly-tipping offences.
Dominic Adrian Woods, 33, of no fixed abode, pleaded guilty to a charge of fly-tipping at Weymouth Magistrates Court on 17 February, and was given a suspended sentence of four weeks, on condition that he commit no further offences during the next 12 months.
He was ordered to pay £115 victim surcharge, £100 costs and made subject of a Criminal Behaviour Order for 5 years.
Woods, together with another male, owned and operated a business called RightWey Man and Van Services. In June 2019 they undertook garden clearance at a home in Christchurch for which the house holder paid £150 for, and was issued with a Duty of Care Waste Transfer Note for the waste removed.
They returned to complete more work at the home a few days later, this time removing concrete paving slabs, tarmac and other construction waste. Again, the householder paid £150, however on this occasion, no Duty of Care Waste Transfer Note was issued.
The householder’s construction waste, instead of being taken to a licensed site for disposal, was then dumped in a hedged area on private land at Coldharbour, Chickerell near Weymouth. There was no permit for waste disposal at this site.
The investigation started after an Enforcement Officer from Dorset Waste Partnership received a tip-off about a video circulating on social media showing Woods, in control of a tipper vehicle, dumping a large amount of construction waste in the Coldharbour area.
Following a visit to the site at Coldharbour in July, Enforcement Officers met the landowner who stated that he had given permission to RightWey Man and Van Services to deposit waste onto his land.
He said the only restriction he had given was that the waste must not rot. There had been no payment for the deposit of waste nor paperwork issued.
He also confirmed that he had no Environmental Permit or Waste Exemption in place.
During the investigation the vehicle used in the offences was seized by Enforcement Officers. Despite issuing a Notice of Return for the vehicle, it was not claimed and has since been disposed of.
Cllr Tony Alford, Dorset Council’s portfolio holder for Customer, Community and Regulatory Services, said: “Fly-tipping is a blight on our community and a drain on taxpayers’ money, so we take a firm stance when it happens. We will always pursue all avenues to hold offenders to account.
“Residents should report fly-tips to us, only use reputable businesses or individuals if they need help moving their rubbish and get a waste transfer note when handing items to someone else to dispose of.
“They risk prosecution and a criminal record if their waste is fly-tipped and they are unable to show they took reasonable steps to prevent it.”
The Criminal Behaviour Order for Woods means he cannot be involved in any business which involves collecting, transporting, depositing, storing or processing controlled waste from any residential, commercial or business premises of which he is not the owner or occupier for five years. This is the first time that the Council have sought a Criminal Behaviour Order for waste crime.
Criminal Behaviour Orders were brought in to law ostensibly as a replacement for ASBOs. They are intended to prohibit offenders from continuing with behaviour that causes or is likely to cause harassment, alarm or distress to any person; the making of the Order in this case is an example of the Courts’ recognition of the distressing effect of waste crime on both individuals and the wider public.
People can find out more about Dorset Council’s fight against fly-tipping at www.dorsetcouncil.gov.uk/tip-off
