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A HENLEY landlord has been ordered to pay more than £16,000 for allowing fats from his pub’s kitchen to leak into a sewer.
Mark Dunlop, who runs the Angel on the Bridge in Thames Side, was prosecuted after Thames Water tried repeatedly to contact him about a number of leaks.
He was sentenced at Reading Magistrates’ Court on Friday.
Dunlop, 59, from Knowl Hill, had pleaded guilty on behalf of his company, the Angel (Henley) Ltd, to one count of releasing matter likely to interfere with the free flow of a public sewer in February last year.
But he maintained his own innocence until January this year, when he admitted the same charge.
The court heard that Thames Water began tracing pollution incidents to the Brakspear pub in 2010.
In 2016 it spent £100,000 installing a device to improve its outflow to the sewer, reducing the risk of sewage backing up.
There were five “serious” leaks after that so the Angel went on a “watch list”, meaning technicians checked the device every three months instead of six. They often logged evidence of “excessive fats, oils and grease”.
Between 2016 and 2019, Thames Water sent numerous letters to the pub, many signed by inspectors, who also left calling cards at the pub.
They also made phone calls, including one in which they spoke to Dunlop, and sent emails. The team advised him to install a grease management system, which separates oils from water as it drains from sinks or dishwashers or breaks it down using chemicals. They even suggested three suppliers.
Sarah Valentine, for Thames Water, read aloud from an expert’s report saying it was “easy” to install grease management systems and they were frequently found in commercial kitchens.
The document said fats readily flow down drains but solidify and build up further along the pipework. In the worst cases this creates large lumps, or “fatbergs”, which totally block it. This can make sewage back up into neighbouring properties or leak into waterways like the Thames, which the pub overlooks.
It can kill wildlife by reducing oxygen levels and increasing toxic ammonia.
The court heard Thames Water tried to contact Dunlop 15 times to take action but they heard nothing back until after he was sent a court summons in October 2019.
He spent then £3,351 plus VAT installing measures to tackle the problem and sent the company invoices but by then it was too late.
Ms Valentine said: “It was fully clear at this time that there were issues on this site and in the period after the business came into compliance, no further fats have been found. It’s fair to say the grease management has been working effectively.
“As a food service business, you would expect the defendant to have complied with this. Even with good practices like wiping plates thoroughly, you still need grease separation.
“It’s highly likely that a blockage at this location would cause sewage to enter neighbouring watercourses. There is a history of non-compliance and warnings in this environmentally sensitive location. Thames Water doesn’t like to prosecute customers but it typically spends £18 million a year clearing 75,000 blockages. It has a duty to protect its sewers and must take action to ensure a level playing field for everyone.”
Tom Brymer, for Dunlop, said Thames Water’s messages were picked up by a manager who was performing poorly so may not have passed them on. The manager was later asked to leave.
The landlord had always ordered his staff to wipe plates and throw the grease in the bin and also recycle oils, where possible.
Mr Brymer said: “Mr Dunlop accepts he should have done more but we can only be sure he knew of two messages. He was completely aware of the problem once he was prosecuted and very quickly spent the money putting in new systems.
“He will continue doing everything in his power, like spot checks and training everyone in the building about grease, to ensure he never finds himself in this position again.
“It has been very difficult to balance these court proceedings with running a business but he has taken it on himself to ensure everything is done properly. The difference between then and now is like chalk and cheese.”
He urged magistrates to be lenient, saying the Angel was facing hardship due to the coronavirus pandemic and it had been closed for 34 of the past 52 weeks.
Trade had also been tough outside the lockdowns because capacity was limited to allow social distancing and many regulars didn’t go out for fear of getting ill.
Mr Brymer added: “The ‘stop-start’ nature of lockdowns has been difficult and Mr Dunlop asked every supplier for as much of a discount as they could offer. He has always left money for a rainy day but this was more like a hurricane.
“He is excited about
re-opening but filled with trepidation because nobody knows what that will be like. You wonder if people will go back to hospitality at all.
“This is a commercially sensitive situation — you should consider that nobody wants to stop this business from functioning or for 19 people to lose their jobs.”
Dunlop was fined £1,800 and ordered to pay a victim surcharge of £170 and £5,200 in costs to Thames Water. His company was fined £3,300 with a £170 surcharge and £5,000 in costs to Thames Water.
Katherine Wheatley, the presiding magistrate said: “This is a serious environmental issue which was known about, or should have been, for many years but nothing was done until the summons was issued.”
Dunlop has been a tenant of Brakspear since 2006 and recently renewed his lease at the Angel for six years.
After the hearing, he said: “Despite what appears to be a fairly compelling case, I maintain I was unaware of the seriousness of these allegations until I received the court summons.
“As soon as I was aware, I had a grease trap installed as per the recommendations. Unfortunately, correspondence was addressed to two separate members of staff.
“Thames Water could have spoken to me or my head chef, who has been with me for 10 years, if they really wanted to as one or another of us would have been working most days. A recorded and letter addressed to me personally would have sufficed.”
22 March 2021
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