Garden centre loses appeal over £75k fine

6th September 2013


Related Topics

Related tags

  • Pollution & Waste Management ,
  • Water ,
  • Prosecution ,
  • Corporate fine ,
  • Retail and wholesale

Author

IEMA

Garden centre operator Dobbies has failed in its appeal to overturn a £75,000 fine for pumping poorly treated sewage into a stream in Cumbria

The company, a subsidiary of Tesco, was fined in March by Carlisle magistrates’ court after its retail outlet in the town failed to comply with the requirements of its environmental permit.

In April 2011, Environment Agency officers traced the source of pollution in a watercourse in Sowerby Wood to a pipe that was pumping secondary-treated sewage into the water from the nearby Dobbies garden centre.

The permit for the store states that the outlet must be checked weekly, but the court heard that staff were not aware of this condition.

Judge Peter Hughes, sitting with two magistrates at Carlisle crown court, referred to this lack of awareness when rejecting the appeal.

There had been no copy of the environmental permit at the store, no weekly checks on discharges and no sense of urgency, he found.

“Because of those aggravating features the overall penalty had to be substantial to mark what was a serious breach of environmental regulations,” he said. “The fines imposed totalled £75,000. The view of all of us is that arguably that was on the lenient side.”


Transform articles

Regulator publishes new code to tackle 'greenwashing'

The Competition and Markets Authority (CMA) has published a new 'Green Claims Code' to ensure businesses are not misleading consumers about their environmental credentials.

22nd September 2021

Read more

The UK government must develop regulation to stop the financial sector from providing billions of pounds to companies that threaten rainforests worldwide, WWF has said.

10th September 2021

Read more

Over two million hectares of Brazilian rainforest could be legally converted to supply the UK with soy under a new anti-deforestation law proposed by the government, the WWF has found.

26th August 2021

Read more

The Better Business Act would put responsibility to society and the environment on the same footing as responsibility to shareholders, explains Chris Turner

30th July 2021

Read more

In Elliott-Smith v Secretary of State for Business, Energy and Industrial Strategy, the claimant applied for judicial review of the legality of the defendants’ joint decision to create the UK Emissions Trading Scheme (UK ETS) as a substitute for UK participation in the EU Emissions Trading Scheme (EU ETS).

30th July 2021

Read more

Thames Water has been fined £4m after untreated sewage escaped from sewers below London into a park and a river.

30th July 2021

Read more

In R. (on the application of Hudson) v Windsor and Maidenhead RBC, the appellant appealed against a decision to uphold the local authority’s grant of planning permission for the construction of a holiday village at the Legoland Windsor Resort.

28th May 2021

Read more

Are voluntary commitments enough to make the private sector act on waste? David Burrows explores the issues

28th May 2021

Read more

Government announcements on infrastructure reveal a direction of travel but key details are still unknown, says Huw Morris

29th January 2021

Read more

Media enquires

Looking for an expert to speak at an event or comment on an item in the news?

Find an expert