Berkmann Wine Cellars, based in Highbury, pleaded guilty to charges under the packaging producer responsibility regulations, after being caught out by the Environment Agency for not registering as a producer of packaging under the regulations.
This case should serve as a warning to other companies that must take steps to ensure that their operations are fully compliant with the provisions of the packaging regulations.
Sarah Dover, Environment Agency
Under the rules, all companies handling more than 50 tonnes of packaging each year to sell their goods, and which have an annual turnover above £2 million, must contribute to UK recycling targets for packaging waste.
Berkmann, which is an importer and wholesaler of quality wines, had a turnover between £15.5m and £41m from 1998 to 2006. It was therefore liable to register as a packaging producer and then purchase recycling evidence from packaging reprocessors to fulfill its recycling targets.
Highbury Corner Magistrates Court handed out the £40,000 fine on Friday, also ordering the company to pay the Agency £6,086 in compensation for lost registration fees and £2,121 in legal costs.
Obligations
Magistrates were told that Berkmann should have paid for 2,800 tonnes of packaging waste to be recycled between 1998 – when the producer responsibility regulations first came into force – and 2005. The company was reminded twice of its obligations after the Agency discovered its liability within the regulations through routine checks.
The company did co-operate with the Agency and secured the services of a consultant to help comply with the regulations.
However, in an interview under caution, the company's deputy chairman Mr Clanan admitted that between 1998 -2006 the company had an annual turnover of between £15.5m and £41m, and as such, the company should have been registered since 1998. It was calculated that between 2000 and 2005, Berkmann Cellars handled an estimated 16,500 tonnes of waste, of which 2,819 tonnes should have been recovered and recycled. Not doing this saved the firm an estimated £72,653.68.
Agency spokeswoman Sarah Dover said: “Whilst we are grateful to Berkmann Cellars Ltd Ltd for their full co-operation, this case should serve as a warning to other companies that must take steps to ensure that their operations are fully compliant with the provisions of the packaging regulations.
“The money raised from compliance with this legislation goes directly to the recycling industry. The failure by this company to ensure they met their responsibilities means that over these years there was less investment in the recycling industry than there should have been,” she added.
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