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Prosecutions - Other Environmental Health Offences

This is a list of prosecutions that have been taken to court by the Birmingham City Council Environmental Health service during the period May 2013 to October 2013.

Shahwd Hainey
Pleaded not guilty at Birmingham Magistrates Court on 25 June 2013 to one offence of being a person who controls a smoke free premises, namely the Sheesha Lounge at Layali Iraq, 405 Coventry Road and failing to comply with his duty to stop a person smoking. Found guilty after trial.
Sentence £3,000
Prosecution costs £2,000 [£2,500 requested]
Health Act 2006


Suzanne Marie Somers
Pleaded guilty at Birmingham Magistrates Court on 28 June 2013 to two offences; one of causing a protected animal, namely a Cross American Bulldog to suffer and one offence of failing to ensure the needs of the animal were met by failing to provide a suitable environment and a suitable diet.
Sentence 12 month community order and to carry out a 30 day workbook activity. Banned from keeping animals for 5 years.
Prosecution Costs £1,330 [£2,347 requested]
Animal Welfare Act 2006


Raz Wali Khan
Pleaded guilty at Birmingham Magistrates Court on 1 August 2013 to one offence of depositing controlled waste, namely black bags of waste, on Lloyd Street, Small Heath.
Sentence £110
Prosecution Costs £313 [£313 requested]
Environmental Protection Act 1990


Abdul Mohammed Gapper
Pleaded guilty at Birmingham Magistrates Court on 9 August 2013 to one offence of failing to comply with a notice requiring copies of all transfer notes and written descriptions of commercial waste transferred from Café Raz Nur, 553 Coventry Road, Birmingham to be furnished to the City Council.
Sentence £200
Prosecution Costs £200 [£250 requested]
Environmental Protection Act 1990


John Chambers
Found guilty in his absence at Birmingham Magistrates Court on 9 August 2013 of three offences of failing to comply with an Abatement Notice and causing a noise nuisance by the playing of computer games.
Sentence £1,500 [£500 x 3].Forfeiture Order of seized noise equipment granted.
Prosecution Costs £1,000 [£1,000 requested]
Environmental Protection Act 1990


A & K Recycling Limited
The Company pleaded guilty at Birmingham Magistrates Court on 15 August 2013 to three offences: one of depositing controlled waste on land adjacent to 10-12 Bard Street, which did not have an environmental permit, one of transporting controlled waste without being a registered carrier and one of failing to keep written descriptions of the waste.
Sentence £2,505 [£835 x 3]
Prosecution Costs £1,582 [£1,582 requested]
Environmental Protection Act 1990


ETrading 1 Direct Ltd
Pleaded guilty at Birmingham Magistrates Court on 15 August 2013 to one offence of being a producer of controlled waste and failing to have in place an appropriate contract for the disposal of the waste, black bags of rubbish from the company were found in Armoury Road, Small Heath, Birmingham.
Sentence £335
Prosecution Costs £475 [£475 requested]
Environmental Protection Act 1990

Tahir Khan
Pleaded guilty at Birmingham Magistrates Court on 6 September 2013 to one offence of being the Managing Agent of 44 Dora Road, Handsworth, Birmingham and failing to comply with a Section 16 Notice requiring the full name and residential address of the freeholder, lessee and recipient of rent paid in relation to the property as rubbish had been stored in the garden which could provide harbourage for rats.
Sentence £165
Prosecution Costs £15 [£900 requested]
Local Government (Miscellaneous Provisions Act 1976)


Michael Wood
Pleaded not guilty at Birmingham Magistrates Court on 10 September 2013 to one offence of depositing controlled waste (fly tipping), namely cardboard packaging, on land at Sundridge Road, Birmingham. Found guilty after trial.
Sentence £30
Prosecution Costs - none awarded [£1,745 requested]
Environmental Protection Act 1990


Inayat Ullah Khan
Pleaded not guilty at Birmingham Magistrates Court on 10 September 2013 to one offence of being in control of a vehicle and knowingly causing controlled waste (fly tipping), namely black bin bags, to be deposited at Adderley Street, near to the junction with Watery Lane Middleway, Birmingham. Found guilty after trial.
Sentence £200
Prosecution Costs £2,090 [£2,090 requested]
Environmental Protection Act 1990


Sajade Hussain
Pleaded guilty at Birmingham Magistrates Court on 26 September 2013 to one offence of depositing controlled waste (fly tipping), namely a chest of drawers and some cardboard, on land at Berkeley Road, Birmingham.
Sentence £80
Prosecution Costs £300 [£450 requested]
Environmental Protection Act 1990


Reeche Investments Ltd
Pleaded guilty at Birmingham Magistrates Court on 4 October 2013 to one offence of depositing controlled waste (fly tipping), namely black refuse sacks, onto the Highway on Kitts Green Road, Birmingham.
Sentence £250
Prosecution Costs £250 [£769 requested]
Environmental Protection Act 1990


Joanne Louise Bowen
Pleaded guilty at Birmingham Magistrates Court on 7 October 2013 to one offence of failing to ensure the needs of an American Bulldog were met in that the dog was left alone in a flat for an unreasonable amount of time and although food was left, the dog had no water. The flat was also covered in urine and faeces.
Sentence £73
Prosecution Costs £100 [£1,010 requested]
Animal Welfare Act 2006


Silver Leaf Care Group Limited and Naeem Sarwar
The Company and Mr Sarwar both pleaded guilty at Birmingham Crown Court on 28 October 2013 to one offence relating to an accident at Silver Leaf Care Group, 4-6 Scholars Close, Handsworth when a vulnerable resident fell from her bedroom window which was on the third floor of the building. The resident suffered serious injuries and spent four months in hospital. Both the company and Mr Sarwar had failed to provide a safe environment for vulnerable persons and failed to ensure that they were adequately protected from falls from height. Suitable restrictors, which could only be disengaged by means of a special tool or key, were not fitted to windows at the care home.
Sentence – Silver Leaf Care Group Limited £60,000, Naeem Sarwar 12 month community order and 150 hours unpaid work.
Prosecution Costs - Silver Leaf Care Group Limited had previously paid an agreed sum of £10,000. Naeem Sarwar £20,000 [£28,537 requested]
Health & Safety at Work etc Act 1974.