A man ordered to pay over £1,500 for dumping plastic waste onto a raging bonfire told magistrates “it’s too much.”
But he was swiftly rebuked by the bench, who said his punishment was not up for debate.
Sharafat Ali pleaded guilty to a charge of depositing controlled waste without permission when he appeared at Bradford and Keighley Magistrates Court on Thursday 4 May.
The court was told that he had not realised that throwing plastic on a fire in a public place would be illegal, and suggested the Council should have told him it was if they didn’t want him to do it.
The court heard that at 9.21pm on Bonfire Night 2021, Ali was driving a Ford Transit van on Patent Street, in the Manningham area and a short distance from Lister Mills.
He pulled up next to a bonfire that had been started on an area of public land next to a basketball hoop and football goal.
He and the other occupants of the van began unloading household waste from the back.
This waste included “significant amounts” of plastic crates and piping. These plastics led to thick black smoke billowing from the fire.
Ali, 55 of Fairbank Terrace, and the other men carried on throwing items on the fire for around 15 minutes.
The incident was caught on CCTV, and Bradford Council was able to track down Ali as he was owner of the van.
He was charged with causing the deposition of controlled waste in / on land without an environmental permit – which he pleaded guilty to through a Punjabi interpreter when he appeared in court.
Harjit Ryatt, prosecuting on behalf of the council, said: “Items deposited included cardboard, plastic crates, wooden boxes and plastic drainage pipes.
“When he was interviewed, he said he didn’t know it was illegal to dump waste on a bonfire that had been set up by local residents.
“He said that if this was illegal, the Council should have told him in advance.”
It was not made clear how he thought Bradford Council would have realised one of its residents was planning to dump plastic on a bonfire.
Mr Ryatt added: “clearly the disposing of waste plastic is not acceptable, especially putting it on a bonfire.”
Discussing the level of harm Ali’s actions caused, he said there had been an “localised adverse effect” of the smoke produced by the blazing plastic.
Magistrates were told the case had cost the Council’s Environmental Health team £393 to investigate, and the legal department £375 to bring to court.
Mr Khan, representing Ali, said: “What he disposed on the bonfire was what Mr Ali tells me is household waste.
“He didn’t think he was doing anything wrong.
“It was not a bonfire organised by the Council or any other organisation.”
He said Ali was on Universal Credit and so had a very limited income.
He added: “It is a regretful incident, and my client is not likely to trouble the courts again.
“He is embarrassed, remorseful. He wishes he could turn back the clock.”
He told magistrates that had Ali not come across the bonfire, he “wouldn’t have dreamed of” dumping the waste illegally – and there was no suggestion he was on his way to fly tip the waste.
Chair of the bench Vicky Reynolds said: “It is not acceptable to be burning waste such as plastics in an uncontrolled manner, and certainly not in a public place.
“Having said that, we accept it might have been a spur of the moment decision with the bonfire being there.
“We also accept it was not premeditated, you just saw it as a chance to get rid of some waste.”
Magistrates fined Ali £738 and ordered him to pay £768 costs to Bradford Council, as well as a £74 surcharge.
This came to a total of £1,580.
Ali said he could pay the fine at a rate of £50 a month. Magistrates said that was unacceptable, as it would take far to long for the amount to be paid off.
They ordered him to pay it off at £100 a month.
Ali asked again how much he had to pay. Magistrates told him £1,580.
He replied: “It’s too much.”
Mrs Reynolds replied: “It’s the going rate for this offence I’m afraid. We’re not going to have a discussion about it.”
