Vehicle and trailer used by Luke Warren Photo: Ashford Borough Council –
An Ashford man stopped by police and Ashford’s Environmental Enforcement team on suspicion of a series of offences relating to scrap metal trading has been ordered to pay £5,865.45 in fines and costs by Folkestone Magistrates Court.
Luke Warren, aged 25, of Boxley, South Ashford had previously admitted three offences but failed to attend court for sentencing on Monday 15 August.
Before the court passed sentence, a lawyer acting for Ashford Borough Council said that Warren had received in excess of £4,000 in payment for trading scrap metal during the relevant period that the offences were committed. In response, the magistrates said they had taken note of the benefit obtained by the defendant and that they did not want to see penalties fall below the benefit figure.
Warren, who was given credit for early guilty pleas in relation to the three offences, was fined a total of £4,300. Full costs of £1,385.45 were applied for and granted plus a victim surcharge of £180 was ordered to be paid. This amounts to £5,865.45 payable to the court and a collection order was made for 28 days.
The court heard that on 14 September 2021 Ashford Borough Council was informed by Kent County Council that they had received complaints regarding a suspect trader using Ashford Household Waste Recycling Centre. On two occasions the suspect trader had made deposits containing a total of nine fridges.
The suspect trader was identified as Luke Warren, from Ashford and details of his vehicle were shared and it was placed on the suspect vehicle list.
On the 23 September 2021 the same vehicle was see exiting a metal recycling centre in Ashford and was stopped by Kent Police’s Rural Task Force. The driver was spoken to by a Council Environmental Enforcement officer and identified himself as Luke Warren.
He stated that he had just made a deposit of scrap metal, operating as South East Scrap Metals, and that he regularly drives around borough collecting scrap metal.
Warren was unable to provide any identification for authorisation to collect scrap metal or any Waste Transfer Notes for the waste that had been carried. He was served with a Section 34(5) Notice under the Environment Protection Act 1990 and a Section 5 Notice under the Control of Pollution (Amendment) Act 1989. These notices required that Warren produces relevant documentation within seven days.
Warren failed to comply with either notice, failing to provide either his authority to operate or any waste transfer notes, so two Fixed Penalty Notices (FPN) were issued, one in respect of each of these notices.
As payment of the FPNs had not been received, reminder notices were sent. Warren was invited to attend for interview under caution and although he engaged with officers to re-arrange initial dates for attendance, he failed to attend interview and has made no further contact with the Council.
Warren subsequently admitted the following charges:
Between 7 and 22 September 2021 at Ashford, the defendant carried on business wholly or partly as a scrap metal dealer when not authorised by a licence under the Scrap Metal Dealers Act 2013. Contrary to section 1 of the Scrap Metal Dealers Act 2013.
On or around the 23 September 2021 the defendant failed, without reasonable excuse, to comply with a Notice served under Section 34(5) Environmental Protection Act 1990 and Regulation 35(6) The Waste (England and Wales) Regulations 2011, requiring production of all waste transfer notes for the period 23 July 2021- 23 September 2021 within seven days of the Notice. Contrary to Section 34(5) & (6) of the Environment Protection Act 1990.
On or around the 23 September 2021 the defendant failed, without reasonable excuse, to comply with a Notice served under Section 5 of the Control of Pollution (Amendment) Act 1989 which required production of an authority to transport the relevant controlled waste, namely scrap metal, within seven days of the notice. Contrary to Section 5(4) of the Control of Pollution (Amendment) Act 1989.
Cllr Paul Bartlett, the Council’s Portfolio Holder for Safety and Wellbeing, said: “This substantial sentence sends out a clear message that the Council will not tolerate such forms of illegal waste operation. The case is also a fine example of co-operation between the county council, Ashford and Kent Police to bring offenders like this to justice.”