Waverley wins appeal over bad smell conviction

Published Monday, 23 January 2017

A car body repair shop, which was prosecuted by Waverley Borough Council for failing to control odour emitting from its premises, had its appeal to overturn the conviction dismissed.

Katz Auto Services, based on Critchmere Lane in Haslemere, was found guilty of breaching the requirements of an abatement notice, contrary to Section 80(4) of the Environmental Protection Act 1990, at Guildford Magistrates’ Court on Wednesday 15 June. This followed an extensive investigation by the council, which found the odour, from vehicle spraying equipment and an oven, was causing distress to residents of neighbouring properties.

The company lodged an appeal against its conviction and sentence. However, the appeal against the conviction was dismissed by Guildford Crown Court, on Thursday 19 January.

The court did allow the appeal against the sentence and reduced the fine from £5,000 to £3,000, with compensation remaining at £3,000. The company was ordered to pay £600 sums each month, starting from Thursday 16 February 2017 until the financial orders are paid off.


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