Agenda item

Prosecutions

 

i.                 Prosecution for unlicensed taxi plying for hire in Buckhurst Hill

 

Mr Ashuque Ahmed of Dalkeith Road Ilford Essex was fined £346 with costs of £300 and a victim surcharge of £34 after he pleaded guilty at a hearing in Chelmsford Magistrates Court on 11th October 2018, to plying for hire in an unlicensed taxi at Buckhurst Hill Underground Station. The Magistrates stated that Mr Ahmed was an experienced driver and the period when he was not insured to drive a hackney carriage because the vehicle was not licensed could have resulted in a catastrophe for those who hired his vehicle.

 

Environment & Neighbourhood Officers carried out late night spot checks on 25th March 2018 at an unofficial Hackney Carriage Taxi rank outside Buckhurst Hill Underground station. Mr Ashuque Ahmed, a licensed Hackney Carriage driver was at the front of the rank waiting for a passenger. Checks revealed that the Hackney Carriage licence for the vehicle being driven by Mr Ahmed had expired on 27th February 2018 and had not been renewed.

 

As a result of this action, the Hackney Carriage driver’s licence held by Mr Ahmed was also suspended and he surrendered it back to the Council without appealing the Council’s decision.

 

ii.     Prosecution for noise nuisance

 

In Chelmsford Magistrates Court on 11th October 2018 Victoria Lawn of Brickenden Court Waltham Abbey was prosecuted for 5 offences of breaching the requirements of a Noise Abatement Notice served on her on 3rd October 2017 requiring her to not cause a statutory noise nuisance to her neighbours due to playing music and any other amplified sound. The offences occurred on 4th January, 20th February, 15th 23rd and 26th May 2018. Ms. Lawn failed to attend at the court for a second time and the offences were proved in her absence.

 

The Magistrates imposed a fine of £180 for the offence that occurred on 26th May 2018 with no separate penalty for the other offences.  She was also ordered to pay a contribution towards the Council’s prosecution costs of £150 together with a Victim Surcharge £30. The Environment & Neighbourhoods team are happy to report that no further complaints about noise have been received.

 

For further information on the Council’s noise service see:

http://www.eppingforestdc.gov.uk/index.php/residents/your-environment/crime-safety/out-of-hours-noise-service

 

iii.    “Crime not to Care” resulted in fly-tipping and £1780.82 in fines and costs

 

Mr Christian Akinrinade of Willingale Close Loughton Essex was was ordered to pay a fine of £1153.00. He was also ordered to pay the Council’s prosecution costs of £627.82 together with a Victim Surcharge £115.00 after he pleaded guilty to the offence of transferring household waste to an unauthorised person, which was then deposited in a trade refuse bin belonging to a shop in the Broadway Loughton without the consent of the owner.

 

Evidence gathered by the Council’s Environment & Neighbourhood team led to a prosecution in Chelmsford Magistrates Court on 22nd October 2018.

 

Further guidance on the action residents should take to protect themselves from rogue traders who fly-tip for profit is available on the Council’s website. Click here for more information Crime Not to Care. A series of short films produced by the Cleaner Essex Group (a campaign group made up from representatives from local authorities across Essex), are also available to view on this web page.

 

The message is simple:

 

Before handing your waste to somebody else, always check, consider and record to protect yourself and reduce fly-tipping by rogue traders. It is a crime not to care.

 

(Further information: Richard Gardiner ext 4089)

 

iv.              Second Prosecution For Failing To Comply With A Notice Requiring The Tidying Up Of Former Royal Observer Corps Bunker Site Roding Valley Nature Reserve Chigwell

 

At Chelmsford Magistrates Court on 15th November 2018 a prosecution was brought by Epping Forest District Council against Mr Raymond Sturgess of Stanford Court Waltham Abbey for failing to comply with a Notice served on him under Section 215 of the Town & Country Planning Act 1990 requiring him to remove building materials, waste, household items plastic items, plastic and card from the former Royal Observer Corps site which were adversely affecting the visual amenity of the area. The site is in the Roding Valley Nature Reserve adjacent to the M11 motorway and which had been bought by him in 2015 

 

Mr Sturgess pleaded guilty to the offence of failing to comply with the Notice served on him on 13th February 2018 which required compliance by 16th March 2018. Mr Sturgess was previously prosecuted for the same offence on 28th June 2018 when he was fined £200 and ordered to pay costs of £200. The latest prosecution was for the period from 29th June 2018 until 21st August 2018

 

The Magistrates fined Mr Sturgess £530 and ordered him to pay £150 towards the Council’s prosecution costs together with the statutory victim surcharge of £52.

 

Mr Sturgess told the Magistrates that he could have cleared the site but intended using the items for fencing the site.

 

Future failure to comply with the Notice renders Mr Sturgess liable to further prosecutions with a possible fines of up to £100 for every day that he does not comply. On this occasion the Magistrates fined him £10 per day.

 

(Further information Graeme Oakley ext 4012)