Environmental health latest prosecutions

Please note, some of the offences do not come to light immediately and could have been committed a number of years previously. Where a licence has been reviewed it may be subject to appeal and the most up to date information is included.

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Defendant's Name Details of the Offence Decision of the Court Legislation and Court hearing

Geraint Williams of Failing to carry On the 24/02/20 Public Space Oakdale View, provisions to remove defendant failed to attend Protection Order Oakdale dog faeces at Oakdale Cwmbran Magistrates section 68. Park, Oakdale on 1st Court and the case was D.O.B 30/01/81. August 2019. proved in his absence. He was fined £220, ordered to pay £120 costs and £32 victim surcharge.

Sukina Hogg Offence of leaving The case was heard on 3rd Environmental litter on 18th February at Protection Act 1990 September 2019 at magistrates’ court. The (sect 87/88) defendant did not enter a

plea and the matter was proved in her absence. Defendant was fined £222, costs £120 and victim surcharge £32.

Dijla Limited,23 Newport Magistrates The franchisee was Article 14(1) Neptune Court, Court 2nd December ordered to pay a fine of Regulation 178/2002 Vanguard Way, 2019 £10,000.00 together with and Regulation 4(b) of Cardiff, CF24 5PJ prosecution costs of the General Food T/A Domino’s, 1. Placed food on the £5,099.50 a surcharge of Regulations 2004. Piccadilly Square, market that was £170 and £1000 Caerphilly, CF83 1PB unsafe in that a pizza compensation to the Regulation 852/2004 contained a metal complainant. Chapter V, Paragraph fragment. 1 (b).

2. Failure to maintain equipment in good order in that pizza screens were damaged. Mr Shane Need Leaving dogs faeces Fined £100 (reduced from Breach of Public 9 Hillside Park on a public grass £150 for his early guilty Space Protection Bargoed verge at, Hillside Park plea). He was also ordered Order. Section 68, Bargoed during to pay £120 costs and £30 Antisocial Behaviour 4/5/19 surcharge and the Crime and Policing Magistrates made a 14 Act 2014 First heard in court on day collection order. 14th October 2019. Then confirmed his guilty plea by post on 5th November 2019 Hughes Forrest Ltd Newport Magistrates The judge imposed a fine Bolt Street, Newport, Court of £40,000 divided NP20 2UP 25th July 2019: between the 5 offences at T/A Hughes Forrest £8,000 per offence. The Ltd. Newbridge Road 1. Failure to provide judge ordered the defence 1. Health and Safety Industrial Estate, new employees with to pay costs of £3,370.44 at Work etc Act 1974 , NP12 Induction Training or and the statutory victim Section 2 (2) (c) 2YL with job specific surcharge of £170. The health and safety total amount of training. £43,540.44 is to be paid within 28 days. 2. Provision and Use 2. Failure to provide of Work Equipment employees operating Regulations 1998 fork lift trucks with Regulation 9 (1) fork lift truck training and relevant refresher training. 3. Management of 3. Failure to make a Health and Safety at suitable assessment Work Regulations of the risks posed 1999 from Regulation 3(1)(a) & loading/unloading (b) racking 4. The Workplace 4. Failure to organise (Health, Safety and the external yard area Welfare) Regulations in such a way that 1992 pedestrians and Regulation 17(1) vehicles can circulate in a safe manner.

5. Failure to thoroughly examine 5. Lifting Operations the fork lift trucks and Lifting used in association Equipment with the working Regulations 1998 platform on a six Regulation 9(3)(a)(i) monthly basis. Ryan Jeremiah of Failing to carry On the 01/07/19 Public Space Llanarth Road, provisions to remove defendant failed to attend Protection Order Pontllanfraith D.O.B dog faeces at Penyfan Cwmbran Magistrates section 68. 16/07/92 Pond, Croespenmaen Court and the case was on 10th January 2019 proved in his absence. He was fined £220, ordered to pay £120 costs and £30 victim surcharge. Leon H Gooding Household waste was The matter was heard at Environmental found dumped at Cwmbran Court on protection act 1990 Mynydd Y Gryg Monday 17th June 2019 section 34 2(a) on He pleaded guilty to the 30th April 2018. It was offence and was ordered established that Mr to pay a fine of £120 Gooding had given his Prosecution cost of £215 waste to an Victim surcharge of £30 unauthorised Waste Carrier which was subsequently dumped on Mynydd Y Grug which breached his Duty of Care Rhiannon Edwards Household waste On the 10th June 2019, The Environmental of Bryn Celyn, was found dumped defendant appeared Protection Act 1990 Cardiff. on highway at before Cwmbran section 34 (2a) Lower Ochrwyth, Magistrates Court. She on the 18th pleaded guilty and was May 2018. sentenced to a 6 month conditional discharge, Breach of ordered to pay £226.61 Environmental costs and a victim Protection Act 1990 surcharge of £30. section 34 (2a) as the defendant failed to take all such measures available to her to secure household waste on the property and dispose of that waste in the correct and proper manner. Mrs Probert Newport Magistrates Guilty Anti-Social Behaviour, Court Absolute discharge Crime and Policing Monday 1st April 2019 Act 2014 Breach of a PSPO – Failing to remove dog faeces

Mr Ricky Martin Not in possession of He was fined £100, Section 68 of the a suitable item to ordered to pay a Antisocial pick up dog’s faeces contribution toward Behaviour Crime while in a public Caerphilly Council’s and Policing Act open space (Breach costs of £150 and a £30 2014. of public space surcharge, making £280 protection order). in total. Heard at Newport Magistrates Court on 12th March 2019.

Carl Harrison of Discarding a On the 8/04/19 Environmental Brynteg Avenue, cigarette out of a defendant attended Protection Act 1990 Pontllanfraith, motor vehicle onto Cwmbran Magistrates Section 87 and Blackwood. the highway at court and entered a Section 88. Pwllglas Road, Cefn guilty plea. He was Fforest, on 8th fined £100, ordered to August 2018. pay £120 costs and £30 victim surcharge. Adam Brinkworth Wednesday 22nd he defendant did not Breach of Public 5 Heol Cae Derwen August 2018, left attend and so the case Space Protection Bargoed dog’s faeces on the was proved in absence. Order. Section 68, public footpath He was fined £220, Antisocial leading to the ordered to pay £120 Behaviour Crime entrance of Heol costs and £30 and Policing Act Ddu Sport Centre surcharge. The court 2014 Bargoed. made a 14 day collection order. Court hearing held in the Magistrates court during Monday 18th March 2019 Leanne Collins Offence of failing to The defendant failed to Breach of a Public 17 Homen Place remove dog faeces attend court and the spaces Protection at Haman place, case was proved in her Order 2019 CF82 8DG Gelliager absence.

Court Hearing - Ms Collins was Newport sentenced as follows: Magistrates • Fined - £220 25th February 2019 • Prosecution Costs -£120 • Victim Surcharges - £30

Mr Ricky Martin Not in possession of a He was fined £100, Section 68 of the 29 Wellington Way suitable item to pick ordered to pay a Antisocial up dog’s faeces while contribution toward Behaviour Crime Caerphilly Council’s and Policing Act NP22 5PU in a public open space costs of £150 and a 2014 (Breach of public £30 surcharge, space protection making £280 in total... order).

Heard at Newport Magistrates Court on 12th March 2019.

Andrae Lias of Failing to carry On the 18/02/19 Public Space Marshfield Road, provisions to remove defendant failed to Protection Order D.O.B dog faeces on Trinant attend Cwmbran section 68 22/03/82 Terrace, Trinant on Magistrates court and 11th July 2018. the case was proved in her absence. She was fined £150, ordered to pay £120 costs and £30 victim surcharge. Mr Aaron Hilton Discarding Litter from The case was heard at The Environmental 6 The Woodlands a vehicle at Newport Magistrates Protection Act Talywain Registration Number court on 11th 1990 Sections Pontypool MX09 YOG At A473 February 2019. Mr 87&88. NP04 7JG Pontllanfraith On The Hilton Did Not Attend 27Th June 2018 Court He was found guilty. He was issued with £150 fine, £120 costs, £30 Victim surcharge.

Taylor Gavin Smith Breach of duty care The Defendant Environmental 30 Maes Gwyn offence: - Protection Act Newbridge attended court and 1990, Section 34 Gwent Household waste (2A) NP11 4HU unlawfully deposited pleaded guilty. at Tir-Philkins Lane, th DOB – 27 June 1997 Woodfieldside during Taylor Gavin Smith the last week of was sentenced as January 2018. follows:

• Fined - Court Hearing: - £423.00 Cwmbran Magistrates • Prosecution Court on Monday 4th Costs - February 2019 £240.00

• Victim Surcharge - £42.00 • Total - £705.00

He was ordered to pay at a rate of £50 per month with the 1st payment to be made within 28 days.

Mr Kenneth James Discarding Litter At The defendant The Environmental Angove Cardiff Road pleaded not guilty. Protection Act 6 Golwg Y Eglwys Caerphilly The defendant was 1990 Sections CF83 6FH On The 10th May found guilty and was 87&88. 2018 issued with £100 fine, The case was heard at £200 costs, £30 Newport Magistrates Victim surcharge. He court on 22nd January was ordered to pay 2019. £30 a month the first payment being due in 28 days. Miss Sandra Stokes of Found guilty of She was found guilty Environmental 53 Mynydd Maen discarding litter at court and was protection act Road, Cwmbran, (cigarette butt) on given a fine of £75 1990 section 87 NP44 1HF Bryn Road, Blackwood and court costs of and 88 on the 14th March £150 and a £30 victim 2018. Issued fixed surcharge penalty notice by enforcement officers and failed to pay the notice and the case was heard on 8th January 2019 at Newport magistrate’s court. Mr Stephen Edwards Unlawful deposit of Both defendants Environmental 1 Crossvane waste: - attended court and Protection Act Penallt pleaded guilty. 1990, Section 33 Offence of depositing (1) NP25 4SF controlled waste on Sentencing was as land not licensed to follows: - DOB - 27th December receive it at Cefn 1961 Brithdir Common, • Fine - £533.00 Mr Gareth Mervin on Saturday each George Edwards 14th October 2017. • Prosecution Costs 32 Park Crescent - £238.50 each Sunningdale Court Hearing: - • Victim Surcharge - Ascot Cwmbran Magistrates £53.00 each Berkshire Court on Monday 17th • Total - £1,649.00 SL5 0AY December 2018 Payable in full within DOB – 29th January 21 days. 1985

Ms Terri Weston Found guilty of She was found guilty Environmental discarding litter on at court and was protection act Rhys Road, Blackwood given a fine of £120 1990 section 87 on the 1st May 2018. and court costs of and 88 Issued fixed penalty £120 and a £30 victim notice by surcharge enforcement officers and failed to pay the notice and the case was heard on 17th December 2018 at Newport magistrate’s court. Mr Jake Richards Breaching Section The defendant The Environmental 11Brynhyfrd Terrace 33(1) of the attended Magistrates Protection Act Environmental court on 22nd 1990 Section Caerphilly Protection Act 1990 October 2018.He 34(1). CF83 8PZ that the deposited pleaded guilty, he waste on land not was issued with a fine D.O.B. 11/02/1994 authorised to receive, of £733 and ordered at Ty Canol Lane to pay £120 costs, Caerphilly. £409.96 compensation (clear up costs) and £73 surcharge costs.

Toppy Wyth Discarding Litter at Toppy Wyth did not The Environmental White Rose Way, New attend court and in Protection Act Tredegar, during her absence was 1990 Sections Monday the 19th fined £100 for the 87&88. March 2018. offence, ordered to pay £120 toward Heard in court on 15th costs and a £30 October 2018. surcharge. The court made a 14 day collection order. Mr Ryan Williams Breaching Section 33 The defendant The Environmental 6 Tan Y Bryn (5) of the attended a Protection Act Environmental Magistrates court on 1990 Section Caerphilly Protection Act 1990 24th September 2018. 33(5). CF83 4FN that the deposited He was issued with a waste on land not 12 month conditional D.O.B. Not Known authorised to receive, discharge for the at Road environmental Caerphilly. offence, and he also received a 12 month conditional discharge for the possession of cannabis Mr David Casey Throwing down a Mr. Casey did not The Environmental Address 28 Thomas cigarette and leaving attend court and Protection Act Street Bargoed it in the location of therefore the case 1990 Sections the Health Centre at was proved in his 87&88. Lawn Industrial Estate absence. He was Rhymney fined £220, ordered to pay £120 costs and £30 victim surcharge. Lauren Davies of 11 Breaching Section The defendant The Environmental Pant Glas Close 34(2A) of the attended Newport Protection Act Trethomas Caerphilly Environmental Magistrates court on 1990 Section Date of Birth Protection Act 30th of July 2018. The 34(2A). 31/7/1996 1990.Lauren Davies defendant made a allowed household guilty plea. She was waste under is control issued with a to be abandoned at Conditional Discharge rear of Rectory Road for a period of 12 Bedwas months, she was ordered to pay £284.74 costs, £20 Victim surcharge, and she was order to pay at a rate of £20 per month, the first payment to be made within 28 days. Mr. John Fradley Littering offence Fined £145, ordered The Environmental Hearing held at to pay a £30 victim Protection Act Cwmbran Magistrates surcharge and £60 1990 Sections Court on Monday 23rd contribution toward 87&88. April 2018, at 2.00pm prosecution costs Kentucky Fried On 04/02/2017 at KFC Kentucky Fried Article 14(1) Chicken (GB) Ltd Unit 1 North Court, Chicken (GB) Ltd were Regulation High Street, found guilty to both 178/2002. Blackwood an original offences. Fined recipe chicken variety £35,000 and ordered Regulation 17 of meal was sold which to pay £6,122 costs, Schedule 2 to the was found to be £170 victim surcharge Food Hygiene undercooked. and £500 () There were two compensation to the Regulations 2006. offences: complainant. 1) placed food on the market that was unsafe in that chicken sold was undercooked and 2) Failure to implement safe cooking procedures based on the HACCP principles.

The defendant pleaded Not Guilty to both offences and the case was heard during a 3 day trial at Newport Magistrates Court on the 11th – 13th July 2018

Mr Martin Nistor Cwmbran Magistrates The defendant Regulation 8 of Court on 30th July pleaded guilty to two The Food Hygiene 2018. offences of (Wales) Two offences of continuing to trade Regulations 2006. contravening a whilst the Hygiene Hygiene Emergency Emergency Prohibition Order. Prohibition Order was in force. The defendant is the The defendant was Food Business ordered to pay a fine Operator of Bargoed of £586, together Local Store. On the with prosecution 18th April 2018, costs of £900, and a Cwmbran Magistrates £58 victim surcharge Court issued a Hygiene Emergency Prohibition Order on the food business operator causing the business to close until the order is lifted by the Council. The investigation revealed that on 24th and 26th April Bargoed Local Store continued to trade thus contravening the Hygiene Emergency Prohibition Order. Bargoed Local Store, 23rd April 2018 at The court issued a Legislation is trading at 16 High Cwmbran Magistrates Hygiene Emergency Regulation 8 of the Street, Bargoed Court. The Prohibition Order Food Hygiene investigation on 18th prohibiting the (Wales) April 2018 revealed premises being used Regulations 2006. evidence of a rodent as a food business. infestation. Following evidence presented by the council, the court was satisfied that a health risk condition was evident at the premises. Peters Food Service Newport Magistrates Pleaded guilty to one Article 14(1) of Ltd Court on 9th April offence of placing Regulation 2018. food on the market 178/2002 and One offence of that was unsafe Regulation 4(b) of placing food on the contrary to Article the General Food market that was 14(1) Regulation Regulations 2004. unsafe contrary to 178/2002 and Article 14(1) Regulation 4(b) of the Regulation 178/2002 General Food and Regulation 4(b) of Regulations 2004. The the General Food company were Regulations 2004. ordered to pay a fine of £25,000.00, The investigation together with revealed that on 6th prosecution costs of March 2017 a Peter’s £2,176.25 and £500 Chicken and Bacon compensation to the Premier Slice had complainant. been purchased by the complainant which contained a hard red plastic object. On examination it was apparent that the object was a metal detector test piece protruding from the filling. Officers visited the premises where an audit of the Company’s metal detection test procedures was carried out. The investigation identified shortfalls in the company’s procedures and instances where the procedures were not followed by relevant staff thus enabling the metal detection test pack to leave the factory and enter the food chain. Kelly Anne Macey, Breaching Section The defendant The Environmental Heol Llechau 34(2A) of the attended Magistrates Protection Act Wattstown CF39 OPP Environmental court on Friday 23rd 1990 Section Protection Act 1990. March 2018.The 34(2A). Kelly Anne Macey defendant made a allowed household guilty plea. She was waste under is control issued with a six to be abandoned at month conditional Nantgarw Road discharge costs of Caerphilly. £100, £20 Victim surcharge, and ordered to pay at a rate of £10.00 a fortnight. Annamarie Jones Breach of duty of care The defendant Environmental Oak Tree Court under the attended court and Protection Act Pantside Environmental pleaded guilty. 1990, Section 34 Newbridge Protection Act 1990 (2A) Gwent Section 34 (2A) The Magistrates NP11 5LP sentenced Annamarie Details: - Jones to a conditional discharge for a period Offence committed in of 12 months and contravention of ordered her to pay Section 34 (2A) of the £156.40 Environmental compensation for the Protection Act 1990 of clean-up, £100 not taking all toward costs. She was reasonable measures ordered to pay at a to ensure that rate of £10 per domestic waste fortnight with the 1st produced at 94 Oak payment being due Tree Court, Pantside, within 14 days. Newbridge, Gwent, NP11 5LP was disposed of in the correct and proper manner, in that the said was illegally deposited on land not authorised to receive it at Pant-Yr-Resk Road, on or around Friday 19th May 2017.

Court Hearing: - Cwmbran Magistrates – 5th February 2018.

Mr Phillip Anthony Breaching Section 33 The defendant The Environmental Payne (1) & 35 (5 )) of the attended Newport Protection Act Graham Court Environmental Magistrates court on 1990 Section Caerphilly Protection Act 8th January 2018. The 33(1)& 35 (5 ) CF83 1RE 1990.Mr Payne defendant made a deposited waste on guilty plea. He was land not licenced to issued with a £83 receive it from a fine, £227.83 costs, vehicle, at Rudry Road £30 Victim surcharge, Caerphilly. whereby he had to pay at a rate of £30 per month.

Mr Lyndon Evans Discarding Litter on The case was heard at The Environmental Maxton Court Cardiff Road Cwmbran Magistrates Protection Act Caerphilly on 15th court on 8th 1990 Sections Caerphilly August 2017. December 2017. The 87&88. CF83 1QP defendant did not attend but the matter was proved in his absence. He was issued with £220 fine, ordered to pay £120 costs and £30 Victim surcharge.

G. W Tiley & Sons Ltd Breach of duty of care The defendant Environmental Bailey Street under the attended court and Protection Act Deri Environmental pleaded guilty. He 1990, Section 34 Bargoed Protection Act 1990 was represented by a (1) CF81 9HW Section 34 (1) Barrister Peter Donnisson. Details: - He was fined £933 for Offence committed in the offence (reduced contravention of from £1400 for early Section 34 (1) of the guilty plea), ordered Environmental to pay costs of Protection Act 1990 of £1306.15 and £93 not taking all victim surcharge. reasonable measures to ensure that Total of £2332.15 to Commercial Waste be paid within 28 generated at the days. Windsor Hotel, Llantrisant Road, Pontyclun, was transferred to a person who was authorised to receive it, in that they said was illegally deposited on land not authorised to receive it at Common and Fochriw Common on or around 25th January 2016.

Court Hearing: - Newport Magistrates – 10th November 2017. Mr Colin William Breaching Section The defendant failed The Environmental Stanley Heath Milton 33(1) of the to attended Cwmbran Protection Act Place Graig-Yr- Environmental Magistrates court on 1990 Section 33 Rhacca Machen CF83 Protection Act 1990. 13th November 2017 (1). 8TR Mr Heath committed so a warrant was an offence of issued for his arrest. depositing waste on The defendant was land not licensed to produced at Newport receive it at Rudry Magistrates Court on Common Caerphilly. the 16th November 2017. He made a guilty plea, he was issued with a £150 fine, £260 costs, £85 Victim surcharge, whereby he had to pay at a rate of £10 per fortnight deduction from benefits. Mr Rhys Mathews, The defendant Breaching Section The Environmental Llanfabon Drive attended Cwmbran 34(2A) of the Protection Act Trethomas CF83 8GJ Magistrates court on Environmental 1990 Section 13th November 2017. Protection Act 34(2A). The defendant made 1990.Mr Mathews a guilty plea. He was allowed household issued with a £85 fine, waste under his Compensation to control to be CCBC of £132.64, abandoned at Ty £150 costs, £30 Victim Canol Lane surcharge, whereby Trethomas. he had to pay at a rate of £30 per month.

Mr Ryan Clarke Discarding Litter from The case was heard at The Environmental Snowden Court a vehicle at Cardiff Newport Magistrates Protection Act Lansbury Park Road, Caerphilly on court on 1th 1990 Sections Caerphilly 12th April 2017. September 2017. The 87&88. CF83 1QR defendant failed to attend and the case was proved in his absence. He was issued with £220 fine and ordered to pay £120 costs, £30 victim surcharge.

Ms Katrina Stokes Offence of failing to The Defendant failed Dogs (Fouling of Diamond Close remove dogs faeces at to attend court and Land) Act 1996 Energlyn Mill Road, Caerphilly the case was proved Sections 3 and 4 Caerphilly on 11th January 2017. in her absence. CF82 2LJ Court Hearing: - Ms Stokes was Newport Magistrates sentenced as follows: 11th August 2017 • Fined - £220 • Prosecution Costs - £120 • Victim Surcharge - £30 Christopher Nutt Offence of leaving The case was heard at Environmental Highmead, litter on Manor Road, Newport Magistrates Protection Act Pontllanfraith, Pontllanfraith on 7th court on 4th August 1990, Section 87 & Blackwood March 2017 2017. The defendant 88 failed to attend but pleaded guilty by post.

He was fined £75, ordered to pay costs of £120 and a victim surcharge of £30. Ms Sophie Jones Breaching Section The defendant The Environmental Commercial Street 34(2A) of the attended Newport Protection Act Environmental Magistrates court on 1990 Section Protection Act 17th July 2017.The 34(2A). 1990.Ms Sophie Jones defendant made a allowed household guilty plea. She was waste under her issued with a fine of control to be £80 costs of £124, abandoned at £30 Victim surcharge, Gelligear Mountain. and ordered to pate at a rate of £10.00 a fortnight. Denise Barren of Litter offence, On the 16th June The Environmental Central Street, Ystrad discarding cigarette 2017, defendant Protection Act Mynach onto road near to the failed to attend 1990 Section 87, entrance of Lidl Store, Newport Magistrates 88. , on Court and ordered the 10th November the defendant to pay 2016. £100 fine, £120 prosecution costs, and £30 victim surcharge Mr Ian Anthony Discarding Litter from He pleaded guilty by The Environmental Osmond a vehicle at Bryn Road post. He was issued Protection Act Graig View Blackwood on the 1st with £220 fine 1990 Sections 87 February 2017. reduced to £150 for a & 88. Newport guilty plea and NP11 5JG The case was heard at ordered to pay £120 Newport Magistrates costs, £30 Victim court on 12th May surcharge. 2017.