tom's farm

[kbekl]

Jail sentence handed out over unsafe offroading
Published date: 16 December 2010 | Published by: Richard Jones


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A MID Wales couple who allowed unrestricted off-road access to their land with ‘complete disregard to health and safety’, have been sentenced at Merthyr Crown Court.

Thomas Stephen John Breese and Elizabeth Breese operated an off-road motor-sport facility at Cwmderw, Pantydwr, Rhayader, where members of the public were allowed unrestricted and uncontrolled access to their land for a fee in order to operate off-road vehicles, such as motorcycles, quad bikes and other 4x4 vehicles.

The couple appeared before Judge Corran at Merthyr Crown Court on Monday, December 13, and were sentenced for the failure to comply with the Prohibition Notices served previously upon them, contrary to Section 33(1)(g) of the Health and Safety at Work Act 1974.

Stephen Thomas Breese was sentenced to four months (16 weeks) imprisonment, with immediate effect. Elizabeth Breese was sentenced to two months (8 weeks) imprisonment, suspended for 12 months.

The sentencing followed a long running Powys County Council Environmental Health investigation which resulted in the county council serving enforcement notices on the couple in 2006 banning them from hiring their land to members of the public or groups for off-road until essential health and safety work was carried out.

Last month Mrs Breese was convicted of failure to comply with the Prohibition Notice served previously upon her, contrary to Section 33(1)(g) of the Health and Safety at Work etc. Act 1974 following a two-day trial in Merthyr Crown Court.

Mr Breese had previously pleaded guilty to the same charge in October 2009. The sentence was adjourned until the conclusion of the case against Mrs Breese.

Environmental health officer, Catherine Davies told the court that police and environmental health officers witnessed activities at Cwmderw in breach of the enforcement notices.

She told the court that motorcycles and quad bikes were being operated by adults and children around the site with no apparent restrictions, stewards, marshals or first aid personnel.

A number of riders were not wearing a helmet and there was no demarcation of the off-road track area or appropriate signage to indicate potential hazards, speed limits, direction of travel, blind spots or participant age restrictions. There was no segregation between spectators and off-road vehicles, different types of vehicles or driver capabilities.

The couple, she added, knowingly continued to breach the Prohibition Notices served upon them and have not implemented a minimum standard of Health and Safety on site and have complete disregard to protecting public health and preventing a fatal accident from occurring.

Sentencing Judge Curran said Mr and Mrs Breese had; “Paid no attention what so ever to the Notices” and had “complete disregard to the safety of people on site” at Cwmderw, Pantydwr, Rhayader.

Following the case Powys County Council Board Member for Public Protection, Councillor Graham Brown said; “We are satisfied with the outcome of the case it brings to a close a very long and difficult investigation.

“The sentence highlights the serious implications of ignoring public safety.

“I would like to thank officers for their hard work and pay tribute to Dyfed Powys Police for their invaluable support and cooperation throughout the case.”

 

[stevecrm]

It is such a shame that such a great place cannot be used properly, but they have been going at Tom for years. I have had some great times there.

Sadly I reckon even if Tom done everything to the rules the powers that be would only find something else to moan about. The true fact is that people just cannot let others enjoy themselves in any form of off road vehicle

 

[lacroupade]

It is such a shame that such a great place cannot be used properly, but they have been going at Tom for years. I have had some great times there.

Sadly I reckon even if Tom done everything to the rules the powers that be would only find something else to moan about. The true fact is that people just cannot let others enjoy themselves in any form of off road vehicle

Totally disagree; there are plenty of vids around to show just what a danger that place was...and sadly it gives decent PnP venues a bad name. They were typical of a lot of farmers in this neck of the woods - just out to make a buck and clearly didn't give two f*cks about anyones safety. Same mentality that leaves dead livestock rotting in the fields.

and of course, if you know enough about the situation you will know there was lots of other stuff going on, not related to offroading activity, that made the place a magnet for the police and a complete PITA for the locals.

 

[stevecrm]

Not wanting to get into an argument here but may I point out that I said: It is such a shame that such a great place cannot be used properly..........meaning that it could have been great if ran properly which it wasant

and

The true fact is that people just cannot let others enjoy themselves in any form of off road vehicle................which is another fact that I think most here will agree too.

I did not say that the place was not dangerous etc

I can fully understand how it would have caused problems by the type of people that went there, but we were not all bad maniacs trying too destroy everything. I saw plenty of stuff while there that made me cringe but I went there purely for offroad fun on my enduro bike.

 

[nellie]

Have been to Toms farm several times on my quad bike, great place to ride but it has to be said that H&S was none existent.
It did keep all the toe rags in one place, area though.
Tom was an odd chap & was never going to spend money on H&S, he was warned.

The drain on resouces i.e police,ambulance, air ambulance must of been massive, as every wkd i was there air ambulance was called.


A shame in some ways, but we have to look at the bigger picture.

Nellie.

 

[lacroupade]

Not wanting to get into an argument here but may I point out that I said: It is such a shame that such a great place cannot be used properly..........meaning that it could have been great if ran properly which it wasant

and

The true fact is that people just cannot let others enjoy themselves in any form of off road vehicle................which is another fact that I think most here will agree too.

I did not say that the place was not dangerous etc

I can fully understand how it would have caused problems by the type of people that went there, but we were not all bad maniacs trying too destroy everything. I saw plenty of stuff while there that made me cringe but I went there purely for offroad fun on my enduro bike.

Totally agree and thanks for the qualification:thumb2. The only point I'd make is that there are places suited to this sport of activity and, as much as we'd like it, a beautiful part of central Wales isn't it. I mean can you imagine if someone allowed the landscape to be trashed like that in the Home Counties if it wasn't a retired quarry or somesuch thing?

And the kind of negative publicity that it generates does immeasurable harm to the activity, whether on private land or BOATS.....I mean you NEVER hear any bad press about proper organised events or well-run PnP sites.

Have been to Toms farm several times on my quad bike, great place to ride but it has to be said that H&S was none existent.
It did keep all the toe rags in one place, area though.
Tom was an odd chap & was never going to spend money on H&S, he was warned.

The drain on resouces i.e police,ambulance, air ambulance must of been massive, as every wkd i was there air ambulance was called.


A shame in some ways, but we have to look at the bigger picture.

Nellie.

says it all really. and it takes a hell of a lot for someone to get prosecuted for this sort of stuff, never mind land up in the nick, so I'm sure the whole story is even worse than thsat brief article says.
:thumb2

 

[stevecrm]

Tom has been in prison a few times now, I think he likes going there for a wash and a hot meal :lol

 

[lacroupade]

Tom has been in prison a few times now, I think he likes going there for a wash and a hot meal :lol

Gordon Bennett! Didn't realise it was that bad. :lol

 

[Adz]

http://www.countytimes.co.uk/news/96801/jail-sentence-handed-out-over-unsafe-offroading.aspx

 

[stevecrm]

Looks like Tom has managed to avoid finishing his prison sentence the crafty old devil, He died in his sleep last Friday 4th March.

RIP Tom

 

[TONUP]

I don't know much about this, but my first reaction was they sent him to prison... seems a bit over the top, after all the people who went there presumably had all their senses about them and were there of their own volition, however I realise the bureaucratic nanny state that we now live in doesn't allow for such expressions of free will.

I would further argue that trail bikers, 4 X 4 and other off road aficionados are far better served, as is the wider community by such a venue. I for one have strong views about the reckless use, damage caused and necessity of the use of areas that are not robust enough to withstand the impact of such vehicles and suffer because of it.

I appreciate that the above statement contains a number of contradictions, but it's about compromise I guess? It might be a different story if you lived nearby!

Regards

Alan

 

[lacroupade]

I don't know much about this, but my first reaction was they sent him to prison... seems a bit over the top, after all the people who went there presumably had all their senses about them and were there of their own volition, however I realise the bureaucratic nanny state that we now live in doesn't allow for such expressions of free will.

I would further argue that trail bikers, 4 X 4 and other off road aficionados are far better served, as is the wider community by such a venue. I for one have strong views about the reckless use, damage caused and necessity of the use of areas that are not robust enough to withstand the impact of such vehicles and suffer because of it.

I appreciate that the above statement contains a number of contradictions, but it's about compromise I guess? It might be a different story if you lived nearby!

Regards

Alan

Don't think it was just that Alan; there were loads of issues around stolen vehicles and suchlike and while the H&S issues might seem a bit heavy handed, some of the mental stuff that people used to get up to was seriously dangerous to themselves and others and there was a regular queue of ambulances, helicopters and police wasting their time up there.

And its not as if he wasn't warned time and time and time again until they eventually had to clamp down on him.

I agree that youngsters especially need somewhere to let off steam, but not when they are danger like they were there.

 

[jace]

he shouldve turned to islam and burned poppys,you only get a £50 fine,all those prohibtion notices are gonna make it difficult for new owners to get a proper p+p site on there now aswell!

 

[lacroupade]

he shouldve turned to islam and burned poppys,you only get a £50 fine,all those prohibtion notices are gonna make it difficult for new owners to get a proper p+p site on there now aswell!

I don't think it will - AFAIK he had zero H&S, zero first aid, zero marshalling etc..just collected the money.

 

[TONUP]

Don't think it was just that Alan; there were loads of issues around stolen vehicles and suchlike and while the H&S issues might seem a bit heavy handed, some of the mental stuff that people used to get up to was seriously dangerous to themselves and others and there was a regular queue of ambulances, helicopters and police wasting their time up there.

And its not as if he wasn't warned time and time and time again until they eventually had to clamp down on him.

I agree that youngsters especially need somewhere to let off steam, but not when they are danger like they were there.

It seems fair then that some action was taken. Especially if the activity at the venue was placing an unreasonable demand on the emergency services, which are probably overstretched anyway.

As for the use of stolen vehicles etc, then that is an issue that impacts on everybody, not the least the original owners.

I picking up that there was a general atmosphere of lawlessness that went further than that of an overactive/over zealous local authority planning and environmental health department?

Alan

 

[lacroupade]

It seems fair then that some action was taken. Especially if the activity at the venue was placing an ureasonable demand on the emergency services, which are probably overstretched anyway.

As for the use of stolen vehicles etc, then that is an issue that impacts on everybody, not the least the original owners.

I picking up that there was a general atmosphere of lawlessness that went further than that of an overactive/over zealous local authority planning and environmental health department?

Alan

I wouldn't go so far as saying lawless, but technically I suppose thats true. basically every idiot you can imagine would turn up in every kind of legal/illegal or roadworthy/unroadworthy kit and do what they like with no interference, especially after a bit of drink if they were camping there (which many did). You paid your £20 and, however sensible you were, mixed with whats best described as a "range of folk".

The owner was seen by some 4x4 elements as being a "great bloke" for obvious reasons.

Personally I think he was an arsehole and no loss to the human race because I've not time for people who abuse their livestock. This is why he cashed in on the 4x4 craze... http://news.bbc.co.uk/1/hi/wales/2006594.stm

Oh and look, yet another one.... http://www.carmarthenshire.gov.uk/English/news/Pages/UnnecessarySuffering_2.aspx

 

[TONUP]

I wouldn't go so far as saying lawless, but technically I suppose thats true. basically every idiot you can imagine would turn up in every kind of legal/illegal or roadworthy/unroadworthy kit and do what they like with no interference, especially after a bit of drink if they were camping there (which many did). You paid your £20 and, however sensible you were, mixed with whats best described as a "range of folk".

The owner was seen by some 4x4 elements as being a "great bloke" for obvious reasons.

Personally I think he was an arsehole and no loss to the human race because I've not time for people who abuse their livestock. This is why he cashed in on the 4x4 craze... http://news.bbc.co.uk/1/hi/wales/2006594.stm

That makes distressing reading. I think I am convinced of his character now!

Alan

 

[lacroupade]

That makes distressing reading. I think I am convinced of his character now!

Alan

Not the only example either as you see from my EDIT. What goes around comes around.:thumb2

 

[stevecrm]

Personally I think he was an arsehole and no loss to the human race because I've not time for people who abuse their livestock. This is why he cashed in on the 4x4 craze... http://news.bbc.co.uk/1/hi/wales/2006594.stm

Oh and look, yet another one.... http://www.carmarthenshire.gov.uk/English/news/Pages/UnnecessarySuffering_2.aspx

errr, wrong end of the country and completely the wrong person !!

since when has Carmarthenshire been near Rhayader ?

Both Farms have the same name but different owners, Toms farm did have problems with animals which he done time for then after that the powers that be were just after Tom for the health and safety breaches for using his farm as an offroading place.

I think that none of us are aware of all the facts, either way Tom is dead now and if that makes you happy then that is good

 

[lacroupade]

Fair play, the crime was right but you're correct, this one wasn't him.