A CAR boot operator has been fined nearly £11,000 for fly-tipping related offences.

Jerome O’Malley of National Car Boot Sales operates the Leeds Bradford Car Boot Sale - on land off Otley Old Road, near Leeds Bradford Airport - between March and November.

He appeared at Leeds Magistrates Court on Tuesday, January 28 where he was fined for two offences of fly tipping, failing in his Duty of Care as a business to contain and dispose of his waste legally, and illegal advertising on the highway.

The court found Mr O'Malley guilty of fly tipping the waste produced at the car boot sale in a corner of the field and burning it on two separate occasions - March 27, 2018 and April 3, 2018.

Magistrates heard that his actions not only caused thick black smoke, which affected local roads, but also the nearby Leeds Bradford Airport approach.

By allowing his business waste to be fly tipped and left uncontained before burning it, they also heard that Mr O’Malley had breached his Duty of Care for the proper containment and disposal of his business waste.

Leeds City Council officers had been called to investigate after a report that smoke from the fields was affecting road users on the A658 Harrogate Road. On closer inspection it was found that the smoke was coming from a fire being held on the car boot sale fields.

Over the course of the next two weekends Environmental Action Officers from the council’s Cleaner Neighbourhoods Team visited and found a large pile of waste - containing fruit and vegetables, boxes, furniture and litter including soft drink cans - in a corner of the field.

Mr O’Malley had also previously been served with a legal notice to stop and remove a large number of banners and signs, advertising the car boot event, from various locations across Leeds.

He failed to comply with the notice, thereby committing an offence under the Highways Act 1980 and the Town and Country Planning Act 1990.

Mr O’Malley was fined £3,168 for each fly tipping offence, with no separate penalty for the Duty of Care offences. He was also fined £250 for the fly posting, which he had previously pleaded not guilty to, and must pay a £170 victim surcharge and £3,943 costs.

The total of the fines and costs came to £10,699.

Councillor Colin Campbell (Lib Dem, Otley & Yeadon) welcomed the prosecution.

He said: "Fly tipping is becoming an increasing problem and it is good to know that the council is taking action against this sort of behaviour."

Flytippers can face an unlimited fine and be given a 12 month prison sentence if convicted by Magistrates. If convicted at Crown Court, offenders can be sentenced to up to five years' imprisonment.

Councils also now have powers to issue fixed penalty notices of between £150 to £400 for small-scale fly-tipping offences instead of prosecution.