THE company running Chester Racecourse has been fined £4,000 for using too much water during last year's season.

Chester Race Company Ltd appeared at Chester Magistrates Court on Monday to face a charge of abstracting more water than they were allowed to from a bore-hole on the racecourse.

Jonathan Gray, financial controller for the company, pleaded guilty to the offence between July 10 and August 30 last year.

Gwyn Jones, prosecuting on behalf of the Environment Agency, said: 'It's a matter which does not come before the court that often.'

He said a licence issued in 1969 enables 1,360,000 gallons, or 6,182 cubic metres, to be abstracted from Chester Race-course.

Following Environment Agency investigations, Mr Jones said: 'It became apparent as early as July 10 that the annual extraction limit had been exceeded. The company continued to abstract from the borehole until August 30, 2003. They had abstracted 3,793 cubic metres above the quantity stipulated in the licence.

'As a result, officers from the agency undertook a team inspection and informed the head groundsman the abstraction limit had been exceeded. He had not been aware the abstraction limit had been exceeded. He also stated he had not undertaken the necessary inspection to ensure the licence was complied with.'

Mr Jones added that Chester Race Company had exceeded the annual licence quantity in 1995 and the Environment Agency had advised the head groundsman in August 2002 that action needed to be taken 'to meet the growing needs of the racecourse'.

'By abstracting water from the bore-hole, the company would have avoided having to pay costs to the commercial water providers,' said Mr Jones.

'It would appear the company is paying scant regard to the legislation regarding water resources.'

Jonathon Arnold, defending, said the water pumped out of the borehole on the Roodee was used to water the track.

He said when the licence was issued 'racing took place on the racecourse for three days per year as opposed to the present 12 days'.

'2003 turned out to be the driest summer in this area for 50 years. That was why more water was used than should have been used. The company can only apologise to the court and the Environment Agency for breaching the terms of the licence.

'Fortunately it seems the borehole has replenished itself. The company has now applied for an increase of 14 megalitres (14 cubic metres).'

Magistrates fined the company £4,000 out of a maximum £5,000, taking into account their guilty plea. Chester Race Company was also ordered the pay costs of £486.47.

Following the hearing, Chester Racecourse chief executive Richard Thomas said: 'It was a very dry summer. Some say it was the driest in over 50 years. Therefore we were forced to act to ensure the safety of the horses and jockeys who are riding here. At the end of the day their safety is paramount and we had to go ahead with abstracting water.

'An application has been made to increase the volume of water abstraction in forthcoming years.

'We were sorry to take so much water but the safety of the horses and jockeys at the end of the day was paramount.'