A builder who took upfront deposits totaling £133,000 from customers for materials he never supplied has received a nine-month suspended prison sentence following action by Bath & North East Somerset Council’s Trading Standards Service.
Martin Brain, 52, from Blackhorse Place, Mangotsfield, Bristol, trading as Olive Interiors Ltd, previously pleaded guilty to one offense related to a lack of professional diligence under the Consumer Protection from Unfair Trading Regulations 2008. He defrauded four victims, including two residents of Bath.
In addition to his suspended sentence, Brain is required to complete 180 hours of community service and attend 18 rehabilitation sessions. Legal proceedings will also be initiated to recover his criminal earnings.
During the sentencing at Bristol Crown Court on June 11, 2024, Brain’s barrister expressed his remorse for the harm caused, stating he never intended to put his customers through such an ordeal. The court heard that the company’s finances had deteriorated significantly, and it was operated well below the standards expected in honest market practices.
Judge Peter Blair remarked that Brain’s actions had a profound impact on the victims, and some might view his conduct as deliberate.
The Trading Standards team received four complaints against Brain. Two Bath residents paid him a combined deposit of £133,890 for an extension and materials that were never delivered. Olive Interiors worked for only four days before disappearing. A surveyor later assessed the completed work as being worth no more than £9,683. Refund requests were denied, despite Brain having around £50,000 of the customers’ funds in his account.
Another victim paid for kitchen and bathroom materials that were never provided, incurring losses exceeding £9,000 due to substandard work. A fourth customer did receive a kitchen, but it was not the one ordered, and the job was left incomplete, resulting in further financial losses.
After the sentencing, Councillor Tim Ball, cabinet member for Neighbourhood Services at Bath & North East Somerset Council, emphasized, “Residents should never pay large amounts upfront for building work. We hope this prosecution sends a clear message that our Trading Standards team will investigate and take action against tradespeople who commit crimes.”
The council also operates an approved trader scheme called ‘Buy with Confidence,’ allowing residents to find local businesses that have been vetted and approved by Trading Standards.