Café owner fined for failure of duty of care over fly tipped waste

Nabil Naja, 55, of Newark Crescent, Park Royal, London, and his company Nabbil Ltd pleaded guilty at High Wycombe Magistrates' Court on 5 September 2018 to offences relating to waste which was dumped illegally at Park Lane, Burnham, on the approach to Burnham Beeches in June 2018.

The court heard that on 7 June 2017, investigators from the Waste Partnership for Buckinghamshire examined several deposits of illegally dumped waste on woodland along Park Lane, Burnham. They found details in the dumped material which showed that part of the waste had come from a café in Wembley operated by Nabbil Ltd. The sole director of Nabbil Ltd is Nabil Naja.

Naja was interviewed at a London Police Station. He said he was aware of his duty of care responsibilities and denied any knowledge of, or involvement with, the illegal dumping. He said that two unidentified men had asked if they could take six sacks of waste wiring away as they had value as scrap metal. He initially refused, but eventually gave in to their persistence and allowed them to take the waste. He did not pay them, made no check on their status as a registered waste carrier, and had no paperwork or receipt to evidence the transaction. This meant that it was impossible to trace the men who took the waste away..

The Magistrates fined Mr Naja £368 and Nabbil Ltd £1,000 for duty of care failures regarding the waste. Costs were awarded of £622 which included clean-up compensation. A victim surcharge of £100 was also ordered against the company - making a total to pay between the company and its director of £2,090.

The Waste Partnership for Buckinghamshire launched its SCRAP Flytipping campaign in August 2018, which urges anyone- individuals or businesses- to ensure that they act on their legal duty of care to ensure that anyone who takes their waste away is registered and bona fide.

Since November 2003, the Waste Partnership has secured over 660 fly tipping convictions and a resulting significant saving to the Buckinghamshire taxpayer, principally through costs imposed by the court to cover removal and disposal costs. In Buckinghamshire fly tippers are 16 times more likely to be successfully prosecuted than in England as a whole.

Illegal dumping can be reported at www.fixmystreet.buckscc.gov.uk