Two businesses have been prosecuted after failing to provide records relating to their commercial waste disposal arrangements, prompting a warning to other businesses about their legal duty of care.
The prosecutions follow business waste investigations in Anerley after concerns were raised by local residents and businesses about waste management in the area. Businesses are legally required to ensure their commercial waste is disposed of correctly through a registered waste carrier and must retain records showing how that waste is collected and transferred.
As a result of failing to provide information about their waste disposal arrangements, both businesses were therefore prosecuted and ordered to pay a combined total of £1,338 in fines and costs. The work forms part of the council's wider efforts to tackle environmental crime and ensure businesses are meeting their legal waste duty of care obligations.
A council spokesperson said: "Concerns were raised locally about waste management and the council acted in response. Businesses have a legal duty to know where their waste is going, how it is collected and transferred, and to keep records as proof. These requirements help protect neighbourhoods and support investigations into waste crime. We will continue carrying out compliance checks across the borough and take action where businesses fail to meet their responsibilities."
In one case, Tasty Flavour Kitchen Ltd, trading from Anerley Road, was being investigated following a witness report. The company failed to provide information about waste disposal arrangements after being issued with a legal notice and a reminder letter, with a Fixed Penalty Notice then issued. The investigation followed reports of a male seen leaving the retail premises whilst carrying a black sack and a box, which were then left on the pavement; the items were believed to be trade waste. The matter was subsequently referred to court, where the company director pleaded guilty. Wilton Wilson of Tasty Flavour Kitchen Ltd was ordered to pay fines and costs totalling £1,038.
In a separate case, Effleurage Rootz Limited, also trading from Anerley Road, failed to provide documents relating to its commercial waste arrangements following a legal notice and a reminder letter, and a Fixed Penalty Notice issued. During court proceedings, the defendant admitted not keeping waste transfer notes and pleaded guilty. The company director, Claudia Debbie Ann Messam, was ordered to pay fines and costs totalling £300.
Businesses are reminded that they must have appropriate arrangements in place for the collection and disposal of commercial waste, and a record of these arrangements must always be kept as proof for up to two years. Commercial waste disposal records can include waste transfer notes, contracts, invoices and receipts and may be requested by the council. Failure to keep or produce such documentation may result in enforcement action.
Further information about business waste and duty of care obligations.
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Editor’s notes:
Both prosecutions related to failures to provide information and records relating to commercial waste disposal arrangements, contrary to Section 34 of the Environmental Protection Act 1990:
- Tasty Flavour Kitchen Ltd was issued with a Section 34 notice, reminder letter, Fixed Penalty Notice, Final Warning Notice and legal proceedings letter before prosecution followed. The company and Wilton Wilson, company director, were prosecuted on 11 August 2026 and were ordered to pay a fine of £400, a victim surcharge of £160 and prosecution costs of £478, totalling £1,038.
- Effleurage Rootz Limited was issued with a Section 34 notice, chase letter, Fixed Penalty Notice, Final Warning Notice and legal proceedings letter before prosecution followed. The company and Claudia Debbie Ann Messam, company director, were prosecuted on 11 August 2026 and were ordered to pay a fine of £100, a victim surcharge of £40 and prosecution costs of £160, totalling £300.
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