Traders Prosecuted - Other Offences

This is a list of prosecutions that have been taken to court by Birmingham Environmental Health during the period July 2012 - January 2013.

Kamar Farooq
Pleaded guilty at Birmingham Magistrates Court on 25th July 2012 to one offence of knowingly cause controlled waste to be deposited in Booths Lane, Great Barr. Originally listed for trial.
Sentence £230
Prosecution Costs £900 (£1,476 requested)
Environmental Protection Act 1990

Valisha Leah McLean
Pleaded guilty at Birmingham Magistrates Court on 26th July 2012 to one offence of failing to comply with a notice served required her to provide copies of all transfer notes and written descriptions of all commercial waste from Kitsland News, 44 Kitsland Road, Erdington.
Sentence £300
Prosecution Costs £730 (£730 requested)
Environmental Protection Act 1990

Little Hippos Multicultural Nursery and Day Care Ltd
Pleaded guilty at Birmingham Crown Court on 20th September 2012 to two offences following an accident at the nursery where a child fell through the side railings of the fire escape and landed on a concrete floor. The child was taken to hospital where he was placed in an induced coma and treated for a fractured skull.One offence of failing to ensure that a child in their care was not exposed to risks to their health and safety, a suitable risk assessment had not been carried out on the fire escape and staff hadn’t received adequate training regarding the use of the fire escape and the risks associated with children using it. The second offence related to the failure to notify the relevant authority of the accident within 10 days. The offence took place at Little Hippos Multicultural Nursery and Day Care Centre, 318 Summer Lane, Newtown, Birmingham.
Sentence: £16,000 (£8,000 x 2)
Prosecution Costs £7,500 (£27,000 requested)
Health & Safety at Work etc Act 1974 & Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

Aslam Pervez Anwar
Pleaded guilty at Birmingham Magistrates Court on 4th October 2012 to one offence of failing to stop a person smoking in smoke free premises, namely Marhaba Shisha Lounge, Swan House, Hospital Street, Birmingham.
Sentence £2,000
Prosecution Costs £709 (£709 requested)
Health Act 2006

Danny Hamilton
Pleaded not guilty at Birmingham Magistrates Court on 5th October 2012 to one offence of failing to comply with a notice requiring him to provide written descriptions and transfer notes relating to controlled waste from Caribbean
Supermarket, 18 Newtown Shopping Centre within 14 days. Found guilty after trial.
Sentence £500
Prosecution Costs £300 (£1,478 requested)
Environmental Protection Act 1990

Durrani Supermarket Limited
Pleaded guilty at Birmingham Magistrates Court on 29th November 2012 to one offence of failing to take all reasonable measures to ensure that commercial waste from 168-179 Slade Road, Erdington, Birmingham is disposed of
correctly.
Sentence £1,000
Prosecution Costs £578 (£578 requested)
Environmental Protection Act 1990

Taj Boutique Limited
Pleaded guilty at Birmingham Magistrates Court on 30th November 2012 to one offence of failing to provide transfer notes and written descriptions relating to the transfer of waste from Taj Boutique Ltd, 173-175 Ladypool Road.
Sentence £2,000
Prosecution Costs £3,130 (£3,130 requested)
Environmental Protection Act 1990

Junction 6 Hydroponics Limited
Pleaded guilty at Birmingham Magistrates Court on 13th December 2012 to one offence of failing to take all reasonable measures to ensure that commercial waste from 176 Slade Road, Erdington, Birmingham was disposed of
correctly.
Sentence 21 month conditional discharge
Prosecution Costs £200 (£294 requested)
Environmental Protection Act 1990

Gala Leisure Limited
Pleaded guilty at Birmingham Magistrates Court on 17th January 2013 to two offences:one of failing to ensure that persons not employed by the company were not exposed to risks to their health and safety by failing to ensure that
the horizontal swing barriers at Gala Bingo, 973 Kingsbury Road, Erdington were safely used and one offence of failing to assess the risk posed by the swing barriers, the swing barrier penetrated the windscreen of a car whilst the driver was in a queue to leave the car park.
Sentence total £25,000 (£14,000 – offence 1 & £11,000 – offence 2)
Prosecution Costs £2,612 (£2,612 requested)
Health & Safety at Work etc Act 1974