No life in paradise for Barking restaurant as it’s fined a huge fee
An Indian restaurant has been ordered to pay over £500 after it failed to provide documents showing how it disposes of its waste.
Eastern Paradise of Ripple Road, Barking was visited by Barking and Dagenham Council enforcement officers during a routine trade waste inspection on Tuesday 14 January 2020, but when asked to provide their Waste Transfer Notes, they failed to do so.
As a result, business owner Mr Molik Choudhury was issued with a Notice in accordance to Section 34 of the Environmental Protection Act 1990, which required him to provide copies of the Waste Transfer Notes for their communal waste with 14 days.
Despite being given a seven-day extension on Friday 29 January 2020 and an email exchange explaining what was needed, Mr Choudhury still failed to provide the documents.
Failure to provide Waste Transfer Notes in accordance with Section 34 of the Environmental Protection Act 1990 is an offence for which the maximum fine if found guilty in a Magistrates Court is unlimited and carries a criminal conviction.
The business owner was, however, offered a Fixed Penalty Notice of £300 as an opportunity to discharge liability from prosecution.
Mr Choudhury failed to pay the fine despite being sent numerous reminders and was ultimately summoned to court.
The case was heard at Barkingside Magistrates Court on Tuesday 5 May, where the defendant was found guilty and ordered to pay a £300 fine, £250 in costs to Barking and Dagenham Council and a £32 Victim surcharge.
Councillor Margaret Mullane, Cabinet Member for Enforcement and Community Safety said: “It is a legal responsibility for businesses to keep a record of how they dispose of their waste and when asked by the council to provide documentation that shows this.
“This business not only failed to do this but continued to ignore council requests despite being given extensions and several reminders. The business owner now has to pay a larger fine and has a criminal conviction on his record.”