Former Manager and former Director of cement business in court
We have prosecuted the Director and the Manager of a former Kirklees-based cement business, resulting in over £4500 in fines and costs.
What were they found guilty of?
William Warren, former Manager of Arrow Mixed Concrete Ltd and former Director of Hemmingway Aggregates Ltd. and Mathew Frearson, former Director of Arrow Mixed Concrete Ltd. both operating out of Ings Mill, Bradford Road, Batley, WF17 6JD, pleaded guilty to six offences, including failure to comply with conditions of an Environmental Permit and operating a regulated activity without an Environmental Permit.
What was the problem?
The Pollution & Noise Control team received several complaints from nearby residents and business owners during 2021. These regarded material from Arrow Mixed Concrete Ltd. being tracked onto the highway. The resulting dust also blocked the highway gullies and resulted in flooding of the road and pavement.
What did the Environmental Health team do?
Despite officers visiting the business and providing information and advice on what was needed to resolve the problem, the dust continued to cause problems for residents and businesses in the local area. Due to the business’ continued failure to comply with the conditions of their Environmental Permit, we had no option but to revoke the permit on 31 October 2021.
On three separate occasions, an officer from the Pollution & Noise Control team witnessed bulk storage of cement operation on the site despite there no longer being a permit in place. Legal proceedings were therefore instigated against William Andrew Warren and Matthew Frearson and the companies Hemmingway Aggregates Ltd. and Arrow Mixed Concrete Ltd. for both non-compliance with the conditions of the Environmental Permit and for operating without an Environmental Permit.
How much were they fined?
As former Manager of Arrow Mixed Concrete Ltd. and former Director of Hemmingway Aggregates Ltd., William Warren 22/05/1989, of Troon Way, Wakefield, was fined £862, and ordered to pay a £86 surcharge and £1,405 contribution to the prosecution costs. There was no separate penalty for Hemmingway Aggregates Ltd. as the company has been liquidated. As former Director of Arrow Mixed Concrete Ltd. Mathew Frearson 04/04/85, of Leeds Road Wakefield was fined £736, and ordered to pay a £73 surcharge and £1,405 contribution to the prosecution costs. There was no separate penalty for Arrow Mixed Concrete Ltd. as it has since been sold.
Councillor Yusra Hussain, Cabinet Member for Culture and Greener Kirklees, said:
“This case highlights the importance of the Environmental Permitting System in protecting our local environment. All businesses have a duty to operate responsibly and comply with any permit conditions to ensure the safety of our local environment. Permits such as these are there to avoid the negative impacts dust and other emissions can have on air quality by making sure that air emission restrictions are met.
“Our teams want to work with and support businesses to operate safely, however, we will not hesitate to take action against businesses who flout the rules and don’t respond to the advice and guidance given to them.”