Restaurant owner fined for ‘breaching’ duty of care

A restaurant owner from Bury St Edmunds has been fined after admitting breaching a duty of care which led to his waste being fly tipped, West Suffolk Council has said.

Nurul Alam who owns the Spice Garden in Risbygate Street admitted a charge of  breaching his duty of care when he appeared before Ipswich Magistrates on Tuesday.

The court heard that rubbish had been dumped at Rushbrooke Road in Bury St Edmunds on or around 31 May this year. It included black sacks, pieces of carpet, cardboard, rubble, an oil fryer, a single mattress and pieces of wood.

When interviewed under caution by West Suffolk Council, Alam said two men, eating at his restaurant, had offered to take the waste to the recycling centre for him for £60.

The council said Alam could provide “no details of the men, no contact details, no details of the van that they used and did not have a receipt”. He said he was “new to the area” and did not know where to dispose of the waste.

The court heard in mitigation that Alam had since paid West Suffolk Council the £225 cost for removing the rubbish.

Magistrates ordered that he pay a fine of £359, costs of £450 and a victim surcharge of £35.

Speaking after the hearing Mark Walsh, assistant director for operations at the Council, said: “Whether you are a resident or a business, it is an offence to pay someone who is not a licensed waste handler to dispose of your rubbish.

“Where we find evidence we will prosecute those responsible for fly tipping including those who haven’t taken precautionary steps to ensure the people they pay to dispose of waste on their behalf, are properly licensed to do so.”

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