Good Food GF Limited (Starbeck) successfully prosecuted by Harrogate Borough Council

17 August 2021

Good Food GF Limited was successfully prosecuted by Harrogate Borough Council at York Magistrates Court last month (July) for failing to store commercial waste properly.

Under the Environmental Protection Act 1990 Section 47, a waste collection authority can require that commercial or industrial waste is stored correctly as not to cause a nuisance or to be detrimental to the amenities of the local area.

In November, Good Food GF Limited were served a Section 47 Notice under the Environmental Protection Act 1990 following complaints by members of the public with respect to uncontained and insecure waste.

The borough council visited the premises on the high street in Starbeck, trading as Good It’s Gluten Free, and witnessed a damaged waste bin, which contained insecure food waste, along with loose bags of side waste.

The council advised the business owner Mr Andrew Daly that the bin needed replacing. But a month later the bin hadn’t been replaced and was still accompanied by additional side waste.

Therefore the council issued Good Food GF Ltd a £100 fixed penalty notice (FPN). Mr Andrew Daly failed to pay this FPN despite numerous requests. Therefore the council requested court proceedings to address the matter.

And on Friday 16 July, Good Food GF Ltd and Mr Andrew Daly were prosecuted at York Magistrates Court and fined £500 and ordered to pay £125 as a contribution to the council’s costs.

Councillor Mike Chambers, Harrogate Borough Council’s cabinet member for housing and safer communities, said:

Good Food GF Ltd and Mr Andrew Daly had numerous chances to address the concerns of local residents and the borough council.

Failure to address something which could have been resolved quite easily has resulted in a significant financial penalty. And I’m afraid Mr Andrew Daly has only got himself to blame.

The direct action of the council’s environmental health and legal teams, following concerns from local residents, has led to this prosecution and I’d like to thank both officers and residents for helping to address this matter.

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