Fly-tipper who tried to flee handed suspended sentence

A SCRAP metal dealer who was paid £120 to dispose of building waste but then fly-tipped it and fled from enforcement officers has been brought to justice.

Mark Nicholls (29), of Mallory Way, Cudworth, appeared at Barnsley Magistrates’ Court where he admitted theft of scrap metal, failing to surrender, breach of community order and two counts of fly-tipping.

Nicholls was prosecuted by Rotherham Borough Council after waste including UPVC windows, plaster board, kitchen units, carpet, underlay and other construction waste was found dumped at the entrance of Wath West Industrial Estate in West Melton last September.

A council enforcement officer traced the waste to an address in Bolton-on-Dearne, where the resident told him he had paid Nicholls £120 in cash to remove building waste from his home and dispose of it.

Nicholls, who was registered with Barnsley Council as a scrap metal dealer and also held an Environment Agency licence, was then asked to attend an interview with RMBC but did not despite being contacted on numerous occasions.

On November 25 last year, an RMBC council enforcement officer and a police constable visited Nicholls’ address in Cudworth and saw Mr Nicholls in the property, but he fled through a rear door.

He was later arrested on a warrant and appeared before Barnsley Magistrates’ Court last Wednesday.

He had previously entered guilty pleas to the majority of the matters and entered new guilty pleas to the offence of failing to surrender and the Rotherham fly-tipping offence.

Nicholls was sentenced to 36 weeks imprisonment, suspended for 12 months, and told to carry out 150 hours of unpaid work.

He was also ordered to pay £100 compensation, plus £300 costs and a victim surcharge of £80.

RMBC’s cabinet member for waste, roads and community safety, Cllr Emma Hoddinott, said: “Tackling fly-tipping is a priority for us, and we will follow prosecutions wherever the evidence leads to.

“Nicholls could have saved himself a lot of time, money and a criminal record if he had disposed of his commercial waste safely and legally.”

Fly tipping can be reported to RMBC at any time online at www.rotherham.gov.uk/report or call Streetpride on 01709 336003.