Press release: Five year ban for takeaway company secretary after suppressing takings

The Secretary of State for Business, Energy and Industrial Strategy accepted a disqualification undertaking from Mr Alam, disqualifying him for five years from 15 December 2017.

An Insolvency Service investigation found Mr Alam caused inaccurate statutory VAT returns to be submitted to Her Majesty’s Revenue & Customs (HMRC) on behalf of AGF Cuisine Ltd. Although not formally appointed as a director of AGF Cuisine Ltd, his role in the company was that of a director.

Mr Alam’s disqualification follows collaboration between the Insolvency Service and HMRC.

An in depth HMRC investigation including a till interrogation, revealed suppression of takings and also identified sales from debit/credit card takings that had been omitted from submitted VAT returns. In total, HMRC raised assessments of £54,829 and a penalty of £26,536 to the company deeming the actions were deliberate.

At liquidation the company was stated as owing in excess of £187,000 to HMRC in relation to arrears of VAT, PAYE and National Insurance Contributions, Corporation Tax and penalties.

Commenting on the disqualification, Lawrence Zussman, Deputy Head of Investigations for the Insolvency Service said:

Much of the public service is funded by the correct amount of taxes being paid. By not declaring and paying the correct amount of taxes, the public has been deprived from receiving the services it deserves from the public sector.

The Insolvency Service will not hesitate to take action against directors so they cannot abuse limited liability provided by trading through a company.

Notes to editors

Safiullah Alam, 45, was a Company Secretary AGF Cuisine Ltd (Company number 08042925), which was incorporated in April 2012.

Safiullah Alam, of London, date of birth August 1972, has been disqualified for a period of 5 years commencing from 15 December 2017.

A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:

  • act as a director of a company
  • take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership
  • be a receiver of a company’s property

Disqualification undertakings are the administrative equivalent of a disqualification order but do not involve court proceedings.

Persons subject to a disqualification order are bound by a range of other restrictions.
The Insolvency Service, an executive agency sponsored by the Department for Business, Energy and Industrial Strategy (BEIS), administers the insolvency regime, and aims to deliver and promote a range of investigation and enforcement activities both civil and criminal in nature, to support fair and open markets. We do this by effectively enforcing the statutory company and insolvency regimes, maintaining public confidence in those regimes and reducing the harm caused to victims of fraudulent activity and to the business community, including dealing with the disqualification of directors in corporate failures.

BEIS’ mission is to build a dynamic and competitive UK economy that works for all, in particular by creating the conditions for business success and promoting an open global economy. The Criminal Investigations and Prosecutions team contributes to this aim by taking action to deter fraud and to regulate the market. They investigate and prosecute a range of offences, primarily relating to personal or company insolvencies.
The agency also authorises and regulates the insolvency profession, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice.

Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.

Contact Press Office

Media enquiries for this press release – 020 7674 6910 or 020 7596 6187

Press Office

The Insolvency Service


4 Abbey Orchard Street
London
SW1P 2HT

This service is for journalists only. For any other queries, please contact the Insolvency Enquiry line on 0300 678 0015.

For all media enquiries outside normal working hours, please contact the Department for Business, Energy and Industrial Strategy Press Office on 020 7215 1000.

You can also follow the Insolvency Service on:

Link: Press release: Five year ban for takeaway company secretary after suppressing takings
Source: Gov Press Releases

Press release: Ban for waste management directors who failed to comply with environmental laws

Following an Insolvency Service investigation, on 3 November 2017, the County Court at Wakefield disqualified Mr and Mrs Wagstaff for failing to ensure that TWM complied with its statutory obligations under the Environmental Protection Act 1990 resulting in the risk of serious pollution.

In addition, at a time Mr Wagstaff knew or ought to have known the company was insolvent he allowed the company to pay funds of at least £55,653 which was due to TWM into his personal bank account.

The Insolvency Service’s investigation involved close liaison and cooperation with the Environment Agency, who carried out inspections at the company’s trading site in Goole from 2014 to July 2015 noting breaches of TWM’s environment permit.

Between May 2015 and June 2015 three fires broke out at the trading site. This ultimately led to an enforcement notice from the Environment Agency prohibiting TWM from receiving certain types of waste and requiring the company to take steps to remove the risk of serious pollution with immediate effect. Soon after the enforcement notice was served the company entered liquidation.

Commenting on the disqualification, Robert Clarke, Investigations Group Leader at the Insolvency Service said:

The failure by the directors of TWM to comply with environmental protection legislation presented a significant risk of pollution to both the environment and the public.

The disqualification of Mr and Mrs Wagstaff sends a clear message that corporate entities failing to comply with legislation which is in place to protect environmental interests will not be tolerated.

I would like to thank the Environment Agency for supporting our investigation and helping to ensure a successful outcome.

Notes to editors

Total Waste Management Ltd (Company Registration Number 007861416) was placed into Creditors’ Voluntary Liquidation (CVL) on 13 July 2015 with a deficiency as regards creditors of £1,055,131.

The company, which was incorporated on 25 November 2011, traded as a specialist waste management company dealing in the treatment and disposal of non-hazardous waste, from Unit 2 Long Lane, Great Heck, Goole, DN14 0BT.

On 3 November 2017, the Court ordered that Mr & Mrs Wagstaff, both of Goole, would not act as directors for 9 years and 7 years respectively. The disqualification came into effect on 3 November 2017.

The order was pronounced by District Judge Ellington at the County Court at Wakefield. The Insolvency Service was represented by Simon Charles (Counsel) and Gowling WLG (UK) LLP (solicitors).

The defendants represented themselves however they did not attend the hearing on 3 November 2017.

Mr Wagstaff’s date of birth is November 1961 and Mrs Wagstaff’s date of birth is April 1963.

A disqualification order has the effect that without specific permission of a court, a person with a disqualification cannot:

  • act as a director of a company
  • take part, directly or indirectly, in the promotion, formation or management of a company or limited liability partnership
  • be a receiver of a company’s property

Persons subject to a disqualification order are bound by a range of other restrictions.

The Insolvency Service, an executive agency sponsored by the Department for Business, Energy and Industrial Strategy (BEIS), administers the insolvency regime, and aims to deliver and promote a range of investigation and enforcement activities both civil and criminal in nature, to support fair and open markets. We do this by effectively enforcing the statutory company and insolvency regimes, maintaining public confidence in those regimes and reducing the harm caused to victims of fraudulent activity and to the business community, including dealing with the disqualification of directors in corporate failures.

BEIS’ mission is to build a dynamic and competitive UK economy that works for all, in particular by creating the conditions for business success and promoting an open global economy. The Criminal Investigations and Prosecutions team contributes to this aim by taking action to deter fraud and to regulate the market. They investigate and prosecute a range of offences, primarily relating to personal or company insolvencies.

The agency also authorises and regulates the insolvency profession, assesses and pays statutory entitlement to redundancy payments when an employer cannot or will not pay employees, provides banking and investment services for bankruptcy and liquidation estate funds and advises ministers and other government departments on insolvency law and practice.

Further information about the work of the Insolvency Service, and how to complain about financial misconduct, is available.

Contact Press Office

Press Office

The Insolvency Service


4 Abbey Orchard Street
London
SW1P 2HT

This service is for journalists only. For any other queries, please contact the Insolvency Enquiry line on 0300 678 0015.

For all media enquiries outside normal working hours, please contact the Department for Business, Energy and Industrial Strategy Press Office on 020 7215 1000.

You can also follow the Insolvency Service on:

Link: Press release: Ban for waste management directors who failed to comply with environmental laws
Source: Gov Press Releases

Press release: Rural crime crackdown in north east

The Environment Agency has joined forces with Durham Constabulary in a Christmas crackdown on rural crime.

Fisheries enforcement officers supported police on patrols in the operation in Weardale on Wednesday night, 20 December.

It follows previous joint partnership operations in the north east to disrupt travelling criminals and gather intelligence about rural crime, including illegal fishing.

Also joining police and the Environment Agency was Weardale and Teesdale Mountain Rescue team and local Weardale farmers.

During the operation police used Automatic Number Plate Recognition (ANPR) technology to target vehicles suspected of being linked to crime, as well as checking vehicles in suspicious circumstances and focusing on key locations.

The operation resulted in a number of suspected lamping activities in relation to game poaching – where a light is used to hunt animals. And intelligence was passed between police and fisheries officers about suspicious activity and vehicles.

‘We always act on intelligence’

Kevin Summerson, Fisheries Enforcement Specialist for the Environment Agency in the north east, said:

This operation is another example of the close relationship that has developed over a number of years with Durham Constabulary.

We work together every day to tackle many aspects of rural, environmental and wildlife crime. It’s a co-ordinated effort to disrupt potential illegal activity, identify offenders and gather intelligence.

Illegal fishing damages fish stocks and the environment and is unfair on anglers who abide by the law and buy their rod licences – the income from which is used to improve fisheries and habitats.

We always act on intelligence we receive and I’d urge anyone with information about suspected illegal fishing to contact us.

Sergeant Simon Rogers, from Durham Constabulary, added:

We regularly work with partners such as the Environment Agency on operations to tackle rural crime. Wednesday’s operation was part of our ongoing commitment to tackle and disrupt those who choose to commit crime in rural areas.

Anyone who believes they have been a victim of crime should contact us on 101, or dial 999 in an emergency.

Anyone with information about illegal fishing is asked to contact the Environment Agency’s 24-hour Incident Hotline on 0800 807060 or the police on 101. In an emergency or to report a crime ongoing always dial 999.

Link: Press release: Rural crime crackdown in north east
Source: Environment Agency

Press release: Scottish troops send their loved ones messages for Christmas

Thousands of UK Armed Forces personnel, many of them based in Scotland, are working this Christmas to help keep Britain safe at home and around the globe.

Over 100 soldiers from the 2nd Battalion The Royal Regiment of Scotland (2 SCOTS) are currently deployed to Iraq where they are undertaking a training and mentoring role to counter Daesh terrorists.

They left for the task from their base at Glencorse Barracks in Penicuik, near Edinburgh earlier this month to join more than 600 British soldiers in the country in non-combat roles, helping to train Iraqi forces. Over the last three years UK forces have helped train over 58,000 Iraqi Security Forces.

Meanwhile the Fife-based Scots Dragoon Guards are playing a key role as part of the UN Peacekeeping force in Cyprus. Also in the Gulf, two Clyde-based Minehunter ships are serving over the festive period.

2018 marks a busy year for Scottish units, as of January, four of the seven Battalions of the Royal Regiment of Scotland as well as the Scots Dragoon Guards and the 19 Regiment Royal Artillery (The Scottish Gunners) will be deployed on operations overseas where they will not only be developing the defensive capabilities of the UK’s allies but also playing a critical part in assuring the security of the UK.

Since 1969 the UK has also had a submarine on patrol for every minute of every day, providing the UK’s nuclear deterrent and this Christmas is no different. As you read this a submarine is underwater on patrol. As one submariner based at Clyde said “It will be odd spending Christmas onboard the boat, but the Navy are never off duty and its part of the job. We’ll make sure we do Christmas properly but I will be thinking of my wife and wee boy back home in Glasgow.”

In total around 5,000 UK sailors, marines, soldiers, airmen and airwomen are serving on operations across the globe from Somalia and South Sudan to Kuwait and Ukraine.

Troops based in Scotland will be busy at home as well as abroad and as ever the Squadrons of the UK’s Quick Reaction Alert will be on duty at RAF Lossiemouth, many of them ready in their green flight suits waiting for the call to scramble.

Secretary of State for Scotland David Mundell said:

I pay a huge tribute to the brave servicemen and women from across Scotland who are away from their families over the festive period – and throughout the year – to keep us safe. I offer a heartfelt ‘thank you’, commend their professionalism and wish them a very happy and safe Christmas and New Year.

Commanding Officer, The Royal Scots Dragoon Guards, Lt Colonel Dominic Coombes said:

The Royal Scots Dragoon Guards is currently deployed on Operation TOSCA as part of the United Kingdom’s commitment to the UN Peacekeeping Force in Cyprus. Christmas will always be a bittersweet time for those deployed and their families back at home, but while we miss our loved ones in Scotland and elsewhere, we will come together as a Regimental family to make the most of an opportunity to enjoy Christmas as a collective. At the same time, we’ll redouble our efforts in our operational role as we go into the New Year and the latter stage of our tour before looking forward to returning home in time for Easter.

Also sending messages home were:

Squadron Leader Karen Swanston, deployed to Afghanistan, who said: “I’d like to say a big Hi to my parents at home in Hawick, my nieces Isobel and Katie. Merry Christmas!”

Corporal Musson, Royal Scots Dragoon Guards, Cyprus: “I’d love to say hello to my wife and three kids and I cannot wait to see you in January for your holidays.”

Drum Major Gordon Prescott, Royal Scots Dragoon Guards, Cyprus: “I’m going to be out here for Christmas, so I just thought I’d take this moment to wish my wife, Jill, a happy Christmas, love you loads. Merry Christmas to the rest of the family as well.”

Trooper Knowles, Royal Scots Dragoon Guards, Cyprus: “Wishing a great Christmas to all my friends and family at home in Scotland.”

Link: Press release: Scottish troops send their loved ones messages for Christmas
Source: Gov Press Releases

Press release: Update on Wimbledon & Putney Commons Conservators inquiry

The Charity Commission (‘the Commission’) opened a statutory inquiry into Wimbledon and Putney Commons Conservators (‘the charity’) on 18 August 2016. This was to examine regulatory concerns regarding the granting of an easement in August 2014 for access rights over part of the charity’s land at a significant undervalue and the consequent potential financial loss to the charity.

The Commission was also concerned about an ongoing dispute within the trustee body relating to the easement that might impact some trustees’ decision making and the group’s effectiveness and ability to work together.

On 31 May 2017 the Commission appointed an interim manager to consider the trustees’ decision not to take further action in respect of the loss suffered by the charity following the granting of the easement. The charity’s trustees remain responsible for the day-to-day management of the charity.

The interim manager’s duties include:

  • reviewing the information supplied to the trustees’ legal advisers;
  • considering whether the decision was taken properly and was in the best interests of the charity;
  • obtaining further legal or valuation advice for a new decision to be properly made if required; and
  • making recommendations as to whether further action on this matter is proportionate and in the interests of the charity

The interim manager’s work at the charity continues. He has spoken to current and ex-trustees and other relevant parties and reviewed a substantial level of documentation. Having presented a progress report to the Commission, he is gathering further information on valuation matters before submitting his final report.

The Commission is aware that elections for new trustees for the charity are due to take place in February 2018 and that the deadline for applications to stand is 2 January 2018 if applicants wish their details to be published and sent out with the ballot papers by the Electoral Reform Services. The actual deadline for candidates as specified in the charity’s 1990 election bye laws is ‘not less than two weeks before the date of the election’ ie 14 February 2018.

The Commission is providing this update to help potential candidates decide whether to stand. It would encourage those with appropriate knowledge and skills to consider standing.

The Commission hopes that after the election all the elected and appointed trustees will work together to take the charity forward. This would include considering mediation to resolve any outstanding issues within the trustee body and putting into place any actions issued by the Commission.

The Interim Manager will submit a final report to the Commission when he has gathered further information on valuation matters and completed his review. The Commission will, subject to the Interim Manager’s findings, look to close the inquiry as soon as is reasonably practicable. We cannot put a definite timescale on this at present but envisage it being within the first six months of next year.

It is the Commission’s policy, after it has concluded an inquiry, to publish a report detailing what issues the inquiry looked at, what actions were undertaken as part of the inquiry and its findings and conclusions.

Ends

PR 84/17

Notes to editors

  1. The Charity Commission is the independent regulator of charities in England and Wales. To find out more about our work, see the about us page on GOV.UK.
  2. Search for charities on our check charity tool.
  3. Section 46 of the Charities Act 2011 gives the Commission the power to institute inquiries. The opening of an inquiry gives the Commission access to a range of investigative, protective and remedial legal powers.

Press office

Link: Press release: Update on Wimbledon & Putney Commons Conservators inquiry
Source: Gov Press Releases

Press release: Blue UK passport to return after EU exit

After Brexit, the UK travel document will no longer be required to conform to EU standards. So in a move to symbolise our national identity, the cover will be changing from the standard EU burgundy colour to a blue and gold design.

The new, unique blue passport will be one of the most secure travel documents in the world, with a raft of new and updated security features and technologies to protect against fraud and forgery. For example, the current paper-based picture page will be replaced with a new, super-strength plastic polycarbonate material that will be more difficult to alter.

Immigration Minister Brandon Lewis said:

Leaving the EU gives us a unique opportunity to restore our national identity and forge a new path for ourselves in the world.

That is why I am delighted to announce that the British passport will be returning to the iconic blue and gold design after we have left the European Union in 2019.

It will also be one of the most secure travel documents in the world, with a raft of new security measures to protect against fraud and forgery.

To save the taxpayer money, the newly designed passports will be introduced in a phased approach.

After the UK leaves the EU, burgundy passports will continue to be issued but with no reference to the European Union.

New blue and gold passports will be issued from October 2019, when the new passport contract begins, to those renewing or applying for a new passport.

There is no need for British passport holders to do anything ahead of their current passport renewal date.

The blue cover is a return to the original appearance of the British passport, with the colour first used in 1921. It remained the colour of choice until the UK joined the EU and the burgundy common format colour was agreed and adopted.

More details about the new passport will be announced when a supplier is appointed in spring next year.

Link: Press release: Blue UK passport to return after EU exit
Source: Gov Press Releases

The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2017

Regulation 2 of these Regulations provides for an increase of approximately 20% for all existing fees to be paid to local planning authorities in respect of applications, deemed applications, requests or site visits in respect of which a fee is payable under the Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) Regulations 2012 (S.I. 2012/2920), “the 2012 Regulations”. The increase was offered by Government to all local planning authorities in Command Paper 9352 (paragraph 2.15) if they agreed that the additional money would be re-invested within their planning department. All local planning authorities accepted the offer.

Link: The Town and Country Planning (Fees for Applications, Deemed Applications, Requests and Site Visits) (England) (Amendment) Regulations 2017
Source: Legislation .gov.uk

The Environmental Protection (Microbeads) (England) Regulations 2017

These Regulations prohibit the use of microbeads as an ingredient in the manufacture of rinse-off personal care products and the sale of any such products containing microbeads (regulation 3). Breach of these prohibitions is an offence (regulation 3). (Definitions of “microbead” and “rinse-off personal care product” are contained in regulation 2.) The prohibition on the manufacture of such products comes into force 21 days after these Regulations are made and the prohibition on the sale of any such products comes into force 6 months after the day on which these Regulations are made.

Link: The Environmental Protection (Microbeads) (England) Regulations 2017
Source: Legislation .gov.uk