A Chinese takeaway owner has been ordered to pay thousands of pounds after he was taken to court over trade waste. Dave Lee was asked to provide evidence to Cornwall Council that he was disposing of waste for Little China, in Mevagissy, but he failed to do so.

The business, on Church Street, near St Austell, is required to pay a licenced commercial waste collector to dispose of its rubbish and recycling. Lee appeared at Bodmin Magistrates' Court on Tuesday, October 8.

The owner, whose food business also holds a zero hygiene rating following an inspection in November 2023, pleaded guilty to failing to provide waste transfer notes as requested by Cornwall Council. The business was fined £1,000 and ordered to pay £2,000 towards costs.

The council offered his businesses the option to discharge the offence through a Fixed Penalty Notice, but because he did not respond, the matter proceeded to court.

There is a legal responsibility (Section 34 of the Environmental Protection Act 1990) on all businesses to make sure their waste is stored correctly and does not escape their control, that they only give their waste to an authorised person (a waste disposal company that can legally take it).

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They must also make sure a written record of the waste is kept every time the waste is passed to a waste disposal company. This must be kept for a minimum of two years.

This applies to retail businesses, B&Bs, holiday rentals as well as manufacturing, agriculture, and food businesses. Councillor Martyn Alvey, Cornwall Council’s portfolio holder for environment and climate change, said: “The household waste service is paid for by taxpayers and should not be misused by businesses.

“Any waste created in a business premise or by a business is considered 'business waste' and cannot be collected by us or taken to the Household Waste and Recycling Centres (HWRCs). I urge all businesses to ensure they have an appropriate waste collection contract in place with a registered waste carrier.”

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