THE OWNER of an Indian takeaway in Yate must pay nearly £4.5k after being found guilty of fly-tipping offences. 

South Gloucestershire Council recently prosecuted the owner of Spice 37 - a unit based in Wellington Road - for fly-tipping offences relating to a banner van. 

Ifran Raja Ahmed, the owner of Spice 37 failed to appear at Bristol Magistrates Court on Monday, October 14 but was found guilty of fly-posting in his absence.

Ahmed was fined £2,500 and ordered to pay costs of £913 plus a victim surcharge of £1,000, making a total of £4,413.

According to a government website, fly-posting usually consists of advertising events with posters, stickers or bills without the property owner's permission. 

The court heard that on 12 October last year the council first became aware of an Iveco banner van parked on the highway at Lodge Road, Yate.

The vehicle was noted as advertising a business called Spice 37, an Indian takeaway located at Wellington Road, Yate.

A letter was sent to the owner of the business, highlighting the offence and requesting its removal - it also noted that the vehicle was untaxed and had no MOT certificate to be on the highway.

In April the owners of Spice 37 were again sent a warning letter regarding the banner van being parked stationary on the highway in various locations including at the roundabout situated at the bottom of Rodford Way, Yate.

A few days later, the vehicle was again sighted at the bottom of Rodford Way, Yate near its junction with Westerleigh Road.

A Fixed Penalty Notice (FPN) was issued and sent to the business on April 16 accompanied by a Community Protection Warning (CPW) restricting any further fly-posting.

The FPN went unpaid and a reminder letter was sent on May 1 with a further reminder sent two weeks later but no payment or contact from the owner of the business was forthcoming.

On Wednesday, May 29 a council officer attended the Spice 37 shop and spoke to staff there who provided the owner’s name, Mr Ifran Raja Ahmed, and telephone number.

The council spoke with Ahmed on June 3 where he confirmed that he was the owner of the business but claimed he had not received the FPN.

The council delivered a new copy of the notice to the shop three days later. 

Ahmed was then sent a message on June 12 confirming that a new copy of the FPN had been left at the shop for him.

A further call was made to Ahmed a week later to enquire how he wished to proceed with the FPN and he stated that once he had seen it he would arrange payment without delay.

To date no further contact has been had with Ahmed and the Fixed Penalty has not been resolved.

Councillor Sean Rhodes, cabinet member responsible for environmental enforcement at South Gloucestershire Council, said: “I’m pleased to see this considerable fine handed to the takeaway owner.

"Unauthorised roadside advertising is illegal, often unsightly, and can block visibility or cause a distraction to other road users.

“The council will always try to work with local businesses to resolve any issues however in cases such as this where owners fail to engage, we are left with no option than to prosecute through the courts.”

Residents who see illegal fly-posting can report it by contacting the council’s StreetCare helpdesk on 01454 868000, emailing streetcare@southglos.gov.uk or visiting tinyurl.com/2v6hj4xm