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High Court holds that a waste management license granted pursuant to statute for the management and disposal of commercial waste is personal to the license holder and cannot be used by an independent third party operating from the same premises engaged in similar activities - to hold otherwise would undermine the proper regulation and control of waste management.
Appeal by way of Case Stated - whether District Court correct in law in holding that a waste management license issued to a third party in same facility/premises as accused/appellant was personal to that third party and did not amount to a defence available to the accused in answer to an offence contrary to waste management legislation - waste activities at site in Dublin differed from prior business user and license holder - different plant and equipment utilised - accused never held license to process metal waste at facility - accused purported to operate under prior business's license - licensee entered plea of guilty and was convicted and fined - whether conviction should be set aside as against the appellant - license not transferred - personal nature of grant of license - european directive - statutory regime in operation
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