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8:10pm Saturday 12th September 2009 in
A SHOPKEEPER has been fined £180 by Southend Council for NOT producing commercial rubbish.
Mark Howard, 50, owner of Sutton Cycles in Sutton Road, Southend, has recycled all the cardboard boxes his new bikes arrive in by using them when he sells second-hand bikes.
He only has a small amount of cardboard left, which he takes home for bedding for chickens.
Mr Howard was astonished when a council official visited to check his waste disposal credentials. The officer refused to believe he did not produce any waste and he was issued with a £180 fixed penalty notice, which if he doesn’t pay within ten days, will be increased to £300. If he fails to pay that he will face court proceedings.
The father of four, who lives with his wife Karen in Archer Avenue, Southend, said: “The council doesn’t provide a recycling service for businesses. You have to pay private companies a lot to do that and there are none round here that I know of.”
Most businesses are given a certificate from council waste contractor Cory when they pay for waste bags or have theirbins removed. But as Mr Howard did not use the service, he could not produce one. Mr Howard said he will refuse to pay the fine unless the council proves he has done something wrong.
Steven Crowther, group manager for waste at Southend Council, said Mr Howard was required to produce evidence of how he disposes of commercial waste.
Comments(34)
southendcritic
says...
10:54pm Sat 12 Sep 09
Thames Gateway
says...
11:06pm Sat 12 Sep 09
Aint it just the truth
says...
11:19pm Sat 12 Sep 09
Miss D Meaner
says...
1:12am Sun 13 Sep 09
kde
says...
8:35am Sun 13 Sep 09
BluesMike61
says...
9:54am Sun 13 Sep 09
westcliffboy
says...
10:41am Sun 13 Sep 09
JuliaM
says...
12:07pm Sun 13 Sep 09
bonytony
says...
1:08pm Sun 13 Sep 09
Iron Mighty
says...
4:07pm Sun 13 Sep 09
firedog
says...
4:55pm Sun 13 Sep 09
thelonewhinger
says...
6:12pm Sun 13 Sep 09
firedog wrote:Presumably this shopkeeper pays business rates and thereby is actually paying for a service he does not need, unless of course there is an additional "green disposal charge" or similar which he manages to avoid by doing his own re-cycling.
All these adverse comments,You must all be very gullible. If you are a business you have to pay to get rid of your rubbish. Unless you can sneak it in with your household rubbish,or take it to the tip in a private car,then the ratepayers,you and I have to pay.You should be glad that Steven Crowther is saving you money.
Mary Lou
says...
6:12pm Sun 13 Sep 09
firedog wrote:The man sells bikes and has explained where the packaging has gone. Where is your line of thought going? ....
All these adverse comments,You must all be very gullible. If you are a business you have to pay to get rid of your rubbish. Unless you can sneak it in with your household rubbish,or take it to the tip in a private car,then the ratepayers,you and I have to pay.You should be glad that Steven Crowther is saving you money.
Mary Lou
says...
6:16pm Sun 13 Sep 09
Suburban Sid
says...
6:18pm Sun 13 Sep 09
southendmechanic
says...
6:44pm Sun 13 Sep 09
fishandchips
says...
8:19pm Sun 13 Sep 09
Aint it just the truth wrote:How about sending them the broken up box's with the Chickens (s***) Droppings on it.
What does Stephen Crowther, Southend Councils Jobsworth-in-Chief expect as proof? Receipts from the chickens?
southendmechanic
says...
8:34pm Sun 13 Sep 09
fishandchips wrote:Please tell me what have the council done wrong?? they have asked for document proof of where his waste goes? these bikes come packed in a cardboard box together with plastic wrapped around the frame work and other parts and once unwrapped require assembly. The owner has only accounted for the cardboard he says he recycles but not any other waste that his company produces. For many years now the law states that companys need to keep records of where any waste is disposed of. If this evidance cant be produced the council have no choice but to impose the fine. Personally i would think he has been taking this home and putting it out with household rubbish.
Aint it just the truth wrote: What does Stephen Crowther, Southend Councils Jobsworth-in-Chief expect as proof? Receipts from the chickens?How about sending them the broken up box's with the Chickens (s***) Droppings on it.
fishandchips
says...
8:37pm Sun 13 Sep 09
fishandchips
says...
8:38pm Sun 13 Sep 09
Mary Lou
says...
8:46am Mon 14 Sep 09
southendmechanic wrote:"Hazardous waste like bike tyres and inner tubes"..
the man sells bikes? he also repairs and sells on used bikes thus creating other than just cardboard like old bike tyres inner tubes spray oil cans. while he is present at the shop during the day what does he do with thewaste from the food and drink he may consume? It would be good to point out buisness rates do not cover waste collection and this needs to be arranged by the trader. hazardous wastes like bike tyres and inner tubes would also require disposal by a registered waste carrier who in turn would produce a document to say how much and where the waste is going. he is lucky the council are only fining him because if the enviroment agency think its worth investigating him he could be in for huge fines. waste from companys is the biggest cause of fly tipping and this is why we need the council to educate traders on what and how they should be recording their disposal.
SafetySam
says...
12:47pm Mon 14 Sep 09
firedog
says...
5:09pm Mon 14 Sep 09
southendmechanic
says...
7:09pm Mon 14 Sep 09
Mary Lou wrote:If he services and repairs push bikes he should be registered as having waste that is hazardous. cleaning cloths contaminated with oil and grease are classed as unsuitable for disposal by normal mean. bike tyres and inner tubes are hazardous waste exactly the same as car tyres are. mary maybe when someone dumps a van load of waste in your road because they couldnt be bothered to spend the cash and time having it disposed of correctly.
southendmechanic wrote: the man sells bikes? he also repairs and sells on used bikes thus creating other than just cardboard like old bike tyres inner tubes spray oil cans. while he is present at the shop during the day what does he do with thewaste from the food and drink he may consume? It would be good to point out buisness rates do not cover waste collection and this needs to be arranged by the trader. hazardous wastes like bike tyres and inner tubes would also require disposal by a registered waste carrier who in turn would produce a document to say how much and where the waste is going. he is lucky the council are only fining him because if the enviroment agency think its worth investigating him he could be in for huge fines. waste from companys is the biggest cause of fly tipping and this is why we need the council to educate traders on what and how they should be recording their disposal."Hazardous waste like bike tyres and inner tubes".. He's not running a nuclear reactor !!!
Horace Wimpole
says...
10:03pm Mon 14 Sep 09
If he services and repairs push bikes he should be registered as having waste that is hazardous. cleaning cloths contaminated with oil and grease are classed as unsuitable for disposal by normal mean. bike tyres and inner tubes are hazardous waste exactly the same as car tyres are. mary maybe when someone dumps a van load of waste in your road because they couldnt be bothered to spend the cash and time having it disposed of correctly.Whilst I'm sure you know your stuff, and what you say is correct, has your post not gone WAY off the point?
southendmechanic
says...
7:05am Tue 15 Sep 09
Horace Wimpole wrote:the point is that for any of these an audit trail is left with paper work it is this evidance the council have asked for and it is only this that can prove innocence. if the paper work does not exist then the waste (any waste) has not been disposed of correctly. The enviroment agency also impose fines simularly and these are usally in the thousands of pounds area. this might be one small trader but the collective problem from small traders not following the disposal route amounts to a large problem.
If he services and repairs push bikes he should be registered as having waste that is hazardous. cleaning cloths contaminated with oil and grease are classed as unsuitable for disposal by normal mean. bike tyres and inner tubes are hazardous waste exactly the same as car tyres are. mary maybe when someone dumps a van load of waste in your road because they couldnt be bothered to spend the cash and time having it disposed of correctly.Whilst I'm sure you know your stuff, and what you say is correct, has your post not gone WAY off the point? Surely the point here is that someone is innocent until proven guilty? How can a council issue a fine for something they haven't proven?
Horace Wimpole
says...
8:27am Tue 15 Sep 09
it is only this that can prove innocenceAgain, what happened to "innocent until proven guilty"?
southendmechanic
says...
10:37am Tue 15 Sep 09
Realworld
says...
7:13pm Tue 15 Sep 09
Horace Wimpole
says...
9:32pm Tue 15 Sep 09
Leigh-on-Snob
says...
1:03pm Thu 17 Sep 09
Mary Lou
says...
5:37pm Thu 17 Sep 09
firedog wrote:I pay tax and I only moan at incomptent councils.
I bet Mary Lou moans like hell when her council tax bill arrives.Unless she likes subsidising others,or perhaps she is on benifits and dosent pay council tax.
southendmechanic
says...
7:54am Fri 18 Sep 09
Mary Lou wrote:Mary Lou did you read the story?? this isnt someone at home, this is a man running a shop that sells and repairs bikes. As a retailer he pays rates on his shop but these do not include rubbish and waste collection. This has to be arranged by the buisness themselves. Any company that collects rubbish or recycling has to be a registered waste carrier and have forms called waste transfer notes which take the duty of disposing of that rubbish from the buisness.(in this case the cycle shop) the above is for any hazardous waste or recycling waste. Normal waste generated by the shop needs to be disposed of also via a registered disposal company and these companys will issue a certificate which proves they are carrying out regualr collections. The council have duty to everyone in the area to visit companys they believe are not disposing of refuge in the correct manner and ask to see any of the paperwork which is mentioned above. They caution you (like the police do) during the opening part of this interview asking for proof. If proof isnt shown they give a fix penelty ticket,which like parking or speeding you can opt to goto court. Most wont goto court as the fines for non complaince with the regualtions are HUGE. With regaurd to your personal waste and if you have a contaminated cloth most put it in their own house hold collection (which is pay for by council tax) but if you really feel strongly you can use a civic tip as long as you have in southend your residance pass. I personally thank the council for checking traders on this issue but feel that more education to the traders on these issues would be appropriate as not all can afford enviromental consultants (but if you need one i know of one lol) as i feel this trader still does not understand the real issue at heart.
firedog wrote: I bet Mary Lou moans like hell when her council tax bill arrives.Unless she likes subsidising others,or perhaps she is on benifits and dosent pay council tax.I pay tax and I only moan at incomptent councils. As Horace has stated, their is no proof of guilt. Lots of people have taken it for granted that he has committed an offence. Next time I clean my pushbike and mend a puncture, what do I do with the oily rags and old inner tube? Do I call in a hazardous waste disposal company? What do other householders do in the area?
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bumper says...
9:08pm Sat 12 Sep 09
you make enought money with your parking warden army.
now if you ant got rubish you fine people and charge them if they have what a con.
the guy said what he does with his just get real .