A five-year Criminal Behaviour Order, an 18-month Community Order and fines of nearly £1,800 have been given to a man for his repeated fly-tipping and waste offences.
James Miller (60), of Satmar Lane, Capel-le-Ferne, was sentenced for the 13 crimes at Folkestone Magistrates' Court on Friday 10 June. Folkestone & Hythe District Council (F&HDC) environmental protection officers worked with their colleagues at Dover District Council (DDC) on the case and the prosecution was brought by DDC.
Mr Miller had previously entered guilty pleas to three offences of fly-tipping, six offences of failing to produce waste transfer notes and an offence of operating as an unlicensed scrap metal dealer. He was found guilty of a further three fly-tipping offences at a trial heard on 25 April 2022 at Margate Magistrates' Court. He was sentenced to an 18-month Community Order, 150 hours' unpaid work, 20 Rehabilitation Activity Requirement days and ordered to pay £1,761 costs.
Mr Miller was also given a Criminal Behaviour Order, which prohibits him from collecting, carrying or transporting controlled waste (including scrap metal) from any residential or business premises of which he is not the premises owner or lawful occupier, and approaching any person on entering the curtilage of any residential or commercial premises to solicit or offer to remove waste material from any premises, other than his own.
On 23 September 2019 and 3 October 2019, incidents of fly-tipping were reported on land off Dolphin Passage, Dover. A witness stated that they had seen a red truck with 'Jim Miller' written on it deposit the waste. On 4 October 2019, a further incident of fly-tipping was reported on land off Drop Redoubt Road, Dover. Enquiries identified that a resident had paid Mr Miller to remove waste, including wooden panelling, work surfaces, kitchen cabinets, a sofa, carpet and glass doors on a number of occasions.
On 6 and 25 October 2019, two incidents of fly-tipping were captured on CCTV in Dubris Close, Dover, and on both occasions, the footage showed the waste coming off a red truck with 'Jim Miller' on it.
When questioned, Mr Miller said he held a waste carriers' licence. He admitted collecting the waste found at Dolphin Passage and Drop Redoubt Road, but said he had transferred it to another man, whose details he did not know. He admitted depositing the waste at Dubris Close.
On 23 March 2021, a member of the public saw a large quantity of waste on a road in Peene, near Folkestone. Documents were found relating to a business; these stated Mr Miller had been paid to collect the waste. The next day a man was seen loading the waste into the van and driving away. This was reported to F&HDC and officers investigated. An image of the man involved was shown to DDC, who confirmed it was James Miller.
Mr Miller was also served with notices requiring the production of waste transfer notes, which he failed to provide on six occasions. Enquiries ascertained that between 11 February 2021 and 24 May 2021, he sold scrap metal on 82 separate occasions, when he was not licensed to operate as a scrap metal dealer. If collecting scrap metal as part of a business, individuals are required to hold a scrap metal collectors' licence with the local authority within which they are operating, even if they hold a waste carriers' licence.
The picture shows the fly-tipping at Dolphin Passage, Dover.
Date published: 16 June 2022