Luton Council has successfully prosecuted the owner of a food business for littering the pavement. The Council prosecuted Mr Mohammed Saleem, proprietor of Haji Foods, 203 Dunstable Road in Luton, under Section 93 of the Environmental Protection Act (EPA) 1990.

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At Luton Magistrates Court on 22 July, Mr Saleem was found guilty breaching a Street Litter Control Notice.

Magistrates fined Mr Saleem £500 + a £15 victim surcharge and ordered him to pay £500 towards the prosecution costs. A 14 day Collection Order was made for the total of £1,015.

The court heard that following complaints about rubbish building up on the shop frontage of Haji Foods and other locations, a Council Enforcement Officer regularly checked the area from July until October last year and discovered a serious litter problem.

On 28 October, the Council issued Mr Saleem with an Intention to Service Litter Control Notice, which effectively gave the business a chance to set up a regular cleaning rota. But when the litter problem continued, a Street Litter Control Notice was served on 17 December.

The situation was then carefully monitored for another two month in line with the EPA and, as the situation improved, the Council wrote to thank Mr Saleem who had made efforts comply with the control notice.

But when a Council Enforcement Officer found yet another build up of rubbish on the shop frontage on 9 February, Mr Saleem was given the opportunity to pay a £100 Street Litter Control Fixed Penalty Notice in line with Section 94A of the Clean Neighbourhoods and Environment Act 2005. As he did not pay the Fixed Penalty and monitoring revealed a further decline in cleaning standards, the Council began court proceedings.

Cllr Dave Taylor, portfolio holder for the environment and street services, said: “We all have a duty to look after our environment and help to keep Luton clean and tidy. Businesses have a legal obligation to keep their own area, including the shop frontage, free from waste material and rubbish. Anyone who ignores the law and advice of Council Enforcement Officers will find themselves in big trouble.”