Corporate officers working for Nottinghamshire Recycling Limited (NRL) and 2 who worked for Park Farming Limited (PFL) have been sentenced today (Monday 30 October 2017) in Sheffield Crown Court after breaching environmental permits at 3 sites in Worksop, Nottinghamshire, and Kiveton and South Anston in South Yorkshire.

The environmental offences committed helped maximise the companies’ financial gain at the expense of the environment, and led to a series of fires on 1 of NRL’s sites at Shireoaks Road in Worksop in 2013 and 2014.

Repeat offenders

All 3 sites were operated illegally despite the fact that NRL had previously been convicted in 2011 for offences it had committed at Shireoaks Road.

Kevin Malcom Burgess of Manton Forest Farm, Worksop, Warren Richard Steele of Drury Lane, Doncaster, David Vincent Berry of Orchard Court, South Normanton, Edward Charles Freeman of Stephen Hill, Sheffield, Martin Crowther of Chapel Rise, Anston, Sheffield and Peter Charles Sanderson of Peak Close, Bramley, Rotherham, were sentenced on Monday 30 October 2017 at Sheffield Crown Court.

Defendants linked to NRL continued to act illegally after the company had previously been convicted in 2011. Documents discovered during the course of the Environment Agency’s investigation clearly demonstrated that company officers were fully aware that the sites were being operated illegally.

Risk to human health

Prosecuting on behalf of the Environment Agency, Chris Badger told the court that NRL and PFL repeatedly operated outside the terms of their environmental permits for financial gain. He added that NRL officers created significant risk to the environment and harm to human health. Among other permit breaches, waste was stored in huge quantities outside of the businesses’ permitted areas. Waste was blended at both the Worksop and Kiveton site in an attempt to avoid higher rates of landfill tax.

The company paid no heed to repeated warnings about the illegal storage of waste at all 3 sites, and the fire risks at Worksop. The defendants’ conduct resulted in 5 fires at NRL’s Worksop site during 2013 and 2014.

Large stockpiles of various waste deposited illegally by the companies at the 3 sites still remain and continue to have an environmental impact. Both NRL and PFL entered administration during the period of the investigation. They have since gone into liquidation.

‘Deliberate’, ‘negligent’ and ‘reckless’

His Honour Judge Robert Moore said that the conduct of four of the companies’ directors in breaking the law had been deliberate, while a fifth had acted negligently. The actions of a site manager were judged to have been reckless in aiding and abetting the offending that took place at Kiveton and South Anston.

In mitigation, the judge noted that all defendants had pleaded guilty to the charges that they faced and applied an appropriate reduction to their sentences. He also commented that the defendants had not made personal financial gain as a result of the offences. All 6 defendants were of previous good character.

The sentences imposed by the judge were as follows:

1. Kevin Burgess – 21 months’ immediate custodial sentence. Disqualification from being a director for 7 years.
2. Edward Freeman – 8 months’ custody suspended for 2 years with a requirement to perform 150 hours of unpaid work. Contribution towards prosecution costs of £5,000.
3. Warren Steele – 6 months’ custody suspended for 2 years with a requirement to perform 100 hours of unpaid work. Contribution towards prosecution costs of £5,000.
4. Peter Sanderson – 8 months’ custody suspended for 2 years with a requirement to perform 150 hours of unpaid work. Contribution towards prosecution costs of £5,000.
5. Martin Crowther – 12-month community order with a requirement to perform 80 hours of unpaid work. Contribution towards prosecution costs of £1,500.
6. David Berry – 12-month community order with a requirement to perform 100 hours of unpaid work. Contribution towards prosecution costs of £5,000.

Commenting after the hearing, Environment Agency Waste Regulatory Specialist Iain Regan said:

This was a large and complex investigation, and one in which Nottinghamshire Recycling Limited at various stages deliberately attempted to mislead us as the regulator. Companies like NRL distort the waste market by unfairly undercutting legitimate waste businesses, making it difficult for compliant firms to compete. This causes erosion of the legal waste sector and standards‎, resulting in an industry which is vulnerable to domination by illegal operators who have no concern for protecting the public or the environment.

We hope this case assures the legitimate waste industry and the public that we will investigate businesses who deliberately or recklessly flout the law, and that the sentences passed today send a clear message that behaviour as exhibited by NRL, PFL and their management is unacceptable. ‎

The EA has brought this case to a successful outcome by dedicated hard work and professionalism.

Offences

1. Operating a regulated facility except under and in accordance with an environmental permit, contrary to Regulations 38(1)(a) and 41(1) of the Environmental Permitting (England and Wales) Regulations 2010 – Kevin Burgess, Warren Steele, David Berry, Edward Freeman and Peter Sanderson. Worksop offence.

2. Keeping controlled waste in a manner likely to cause pollution of the environment or harm to human health, contrary to Sections 33(1)(c), 33(6) and 157 of the Environmental Protection Act 1990 – Kevin Burgess, Warren Steele, David Berry and Edward Freeman. Worksop offence.

3. Operating a regulated facility except under and in accordance with an environmental permit, contrary to Regulations 38(1)(a) and 41(1) of the Environmental Permitting (England and Wales) Regulations 2010 – Kevin Burgess, Warren Steele, David Berry and Edward Freeman. Martin Crowther, at the same place and time, did aid, abet, counsel and procure those persons to commit the said offence. Kiveton offence.

4. Operating a regulated facility except under and in accordance with an environmental permit, contrary to Regulations 38(1)(a) and 41(1) of the Environmental Permitting (England and Wales) Regulations 2010 – Kevin Burgess. Martin Crowther, at the same place and time, did aid abet, counsel and procure Kevin Burgess to commit the said offence. South Anston offence.

• Government also announces moves to ensure stronger protections around online gambling and a new industry-led responsible gambling advertising campaign

The maximum stakes on Fixed Odds Betting Terminals (FOBTs) will be reduced, Gambling Minister Tracey Crouch announced today as the government published its gambling review.

The government has launched a consultation on a range of options on cutting maximum stakes of B2 gaming machines, otherwise known as FOBTs, from £100 to between £50 and £2. We have also asked the Gambling Commission for more information about how better tracking and monitoring of play on FOBTs can help with interventions to protect players and also if spin speed on games such as roulette should be looked at.

This is to reduce the potential for large losses on the machines and the risk of harm to both the player and wider communities in which these machines are located, such as the increased health costs associated with problem gambling.

In addition to the launch of a 12 week consultation on FOBTs, there will be a package of measures taking effect to strengthen protections around online gambling and gambling advertising to further minimise the risk to vulnerable people and children.

Gambling Minister Tracey Crouch said:

It is vital that we strike the right balance between socially responsible growth and protecting the most vulnerable, including children, from gambling-related harm.

Given the strong evidence and public concerns about the risks of high stakes gaming machines on the high street, we are convinced of the need for action. That is why today we have set out a package of proposals to ensure all consumers and wider communities are protected.

We have seen online gambling grow rapidly and we need to protect players in this space, while also making sure those experiencing harm relating to gambling receive the help they need.

The package of measures taking effect include:

• Raising standards of player protection for online gambling – The Gambling Commission will consult on changes to the Licence Conditions and Codes of Practice next year, with the aim of raising standards on player protection online and will set out expectations to the industry around customer interaction online.

• Responsible gambling campaign – GambleAware, Advertising Association, broadcasters and gambling industry groups will come together to draw up a major two year responsible gambling advertising campaign. The campaign will have a budget of £5 to £7 million per year and will include TV adverts, including around live sport, as well as radio, cinema, online and print. The campaign will be funded by gambling operators, including online-only betting firms, with airspace and digital media provided by broadcasters.

• New advertising guidelines – This will be drawn up by the Committees of Advertising Practice (CAP) to help protect those at risk of problem gambling and children and young people by ensuring that the content of gambling adverts does not encourage impulsive or socially irresponsible gambling.

• Strengthening the code on responsible gambling advertising – The Industry Group for Responsible Gambling (IGRG) are strengthening the code on responsible gambling advertising to require operators to ensure gambling content and channels cannot be accessed by under-18s via social media

• Responsible gambling initiatives – Gambling operators should step up on funding for research, education and treatment. If not, government will consider other options, including introducing a mandatory levy on gambling operators.

Regarding the stakes and prizes of other gaming machines, the government is recommending maintaining current stakes, apart from on prize bingo gaming where the government is content with industry proposals to increase takes from £1 to £2 and prizes from £70 to £100.

This follows the Government’s call for evidence launched in October 2016, that looked at the gambling landscape, including the number and location of gaming machines in licensed premises and the social responsibility measures in place to protect players and communities from gambling-related harm.

For further information contact: DCMS Press Office on: 020 7211 2210

The consultation will close on 23 January 2018, following which government will consider its final proposals.

Updated: The Evidence Directory report was updated in February 2018. The alterations include updates to the wording in Figure 1.3, additional references to literature on fluvial audits, and greater cross-reference to the Brackenhurst case study.