Hotelier fined after failing to produce waste disposal documents

Paul O'Sullivan, 46, of the Falmouth Town House Hotel on Grove Place, appeared before Truro Magistrates Court this week.

Magistrates were told how a Cornwall Council environmental protection officer had originally requested the businesses’ waste documents back in April 2019.

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The law requires that all businesses must use a licensed waste collection operator to dispose of their commercial refuse and they must have relevant documentation proving they are doing so available for inspection at all times. Council staff make regular visits to business premises to advise them of this requirement.

After O'Sullivan failed to provide the documents, the Council issued an enforcement notice to the business, which was not complied with and that led to a fixed penalty notice of £300 being issued.

The fixed penalty was not paid by O'Sullivan, leading to this week's court appearance.

O'Sullivan pleaded guilty to the charges of failing to meet his duty of care as a commercial business and was ordered to pay a £440 fine and a £44 victim surcharge. He was also ordered to pay Cornwall Council’s costs in full at £1620.27.

Magistrates told him he had been provided with sufficient warning and notification in order to resolve the issue before it progressing to court.

Rob Nolan, Cornwall Council's portfolio holder for environment and public protection, said:  "These rules are in place to ensure that council tax payers do not have to subsidise waste collection from commercial premises.

"I hope a case like this can act as a reminder to other businesses to make sure they are using a licensed waste collection operator for their commercial refuse and recycling  and have the correct documentation to confirm this."

Posted on 27 September