Prosecution by council sees record fine under environmental permitting regime

The prosecution of a rendering company by a London borough has led to a record £120,000 fine under the environmental permitting regime.

Newham Council accused John Knights (ABP) Limited of nine breaches of the odour boundary condition at its Silvertown site between July and September 2011.

Residents had complained of a persistent odour “like decomposing flesh”.

The company pleaded not guilty and claimed that the prosecution should be stayed as an abuse of process.

At the Thames Magistrates’ Court, District Judge Lucie rejected the defendant’s submission. The prosecution’s evidence was left unchallenged.

“I am satisfied so that I am sure than on each of the dates alleged in the Informations there was a breach of condition 27 of the permit in that the company did not prevent the release of offensive odour beyond the installation boundary, as perceived by a local authority inspector,” the judge said.

“There is no evidence before me that the company took all reasonable steps and exercised all due diligence to prevent the release of the offensive odour.”

In addition to the fine, John Knights (ABP) will have to make a compensation payment of £250 to each resident affected and pay £66,150 in costs.

An earlier prosecution of the company by Newham in February 2011 had led to the previous record fine of £75,000.

Stephen Tromans QC of 39 Essex Street was counsel for the local authority. A copy of the skeleton argument and the judgment can be found here