A property developer has been handed multiple suspended prison sentences for failing to identify the presence of asbestos before allowing contractors to start renovations at a nightclub in Wales.
Michael Murton, 36, was converting a nightclub in Wrexham, which was owned by his wife Louise Murton, into three bars. On 23 February 2010, a member of the public contacted Wrexham Council to raise concerns that asbestos materials were being placed in a skip outside the building.
The council informed the HSE, who visited the scene the following day and found that Mr Murton had instructed contractors to remove sprayed coating containing amosite (brown asbestos) from steel beams before they were to be sandblasted. They were then told to place the debris in an outside skip, which was subsequently collected by the skip-hire firm and taken to a landfill site to be buried.
HSE inspector, Debbie John, told SHP that Mr Murton failed to carry out an asbestos survey before starting the work, which led to workers being exposed to the hazardous substance between 11 February and 24 February 2010. She issued a Prohibition Notice to Mr and Mrs Murton, requiring work to stop until a survey had been carried out, and until a licensed contractor had decontaminated the area.
Inspector John revealed that Louise Murton’s role in the incident had been examined but, subsequently, it was decided to only bring charges against her husband, in a joint prosecution with the Environment Agency. She said: “Had Mr Murton surveyed the property for the presence of asbestos prior to the start of construction work, the sprayed coating would have been identified and arrangements made for its controlled removal by an HSE-licensed contractor.
“Instead, Mr Murton, construction workers, waste-management contractors and others were exposed to potentially deadly asbestos-containing materials.”
Murton appeared at Mold Crown Court on 5 April and pleaded guilty to breaching a number of offences:
- reg. 5 of the Control of Asbestos Regulations 2006, for exposing workers to asbestos; reg. 11(1) of the same legislation, for failing to take reasonable steps to protect workers from exposure to asbestos; and reg. 16 for not taking steps to prevent the spread of asbestos – he was given an eight-month suspended sentence for these offences;
- reg. 19 of the Hazardous Waste Regulations 2005 – eight-month suspended sentence;
- s33(1)(c) of the Environment Protection Act 1990, for disposing of hazardous waste in a manner likely to cause pollution of the environment, or harm to human health – 12-month suspended sentence; and
- s34 of the same Act, for failing to control the disposal of hazardous waste – no additional penalty.
All the suspended sentences are to run concurrently and he was also ordered to carry out 200 hours of community service and pay £10,000 in costs.
In mitigation, he said he deeply regretted the incident and revealed that his failure to carry out an asbestos survey was due to ignorance. He told the court that Wrexham Council had removed asbestos from public areas outside the building, and he had contracted a licensed company to decontaminate non-public areas outside the building. He has not been able to decontaminate the inside of the nightclub owing to a lack of means, and it remains sealed off.
Speaking after the hearing, Environment Agency Wales officer, Sally Connah, said: “There are specific rules and laws around the disposal of any waste, and, specifically hazardous substances like asbestos. If we do not enforce these laws, people’s health and the environment can be put at risk.”
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