With Simpler Recycling in England being introduced over the next few years, it brings with it new obligations for local authorities to collect waste from businesses. This is to be implemented in a similar way to the household requirements, introducing source separation for recycling and food waste.

On paper, this could be seen as a replication of the household requirements. A resource challenge, but nothing new. In reality, this isn’t the case, and local authorities in England are beset with various challenges – not least for those who have not offered this type of service before. There are over five million businesses in the UK, the vast majority of which are small or micro businesses, and their waste stream volumes and types will vary depending on the type of business they are. There are also huge discrepancies in their whereabouts. It could be a small farm cafe down a rural country road with limited access, a large business on a retail park, or a busy city centre shop. Each type brings with it their own logistical challenge when it comes to collection.

Location is also a challenge when it comes to infrastructure and the treatment options local authorities have for food waste. Whilst some businesses will rely on existing agreements with waste management companies, the true numbers are unclear, and the regulations mean local authorities must be prepared to provide a service to all of them if requested to do so.

Simpler Recycling mandates the introduction of food waste collections for households from April 2026. This is already the most difficult stream to get people to recycle on a regular basis, and with business collections to be introduced a year prior to this people will not necessarily be used to recycling food waste at home, so it will take extra effort to make them do it at work.

One of the greatest challenges, and one that mirrors other policy changes, is the lack of clarity and communications from the regulators. Previous communications from the Department for Environment, Food & Rural Affairs (DEFRA) have assured exemptions, including for microfirms (businesses with less than 10 full-time equivalent staff) until 2027. These exemptions were, according to DEFRA, to be agreed by autumn 2024, and whilst LARAC has received verbal assurance that these will be passed before the legislation is introduced, by the letter of the law, as things stand, all are within scope from April 2025. This, understandably, makes local authorities nervous, particularly as microfirms make up the majority of businesses across the country.

There are also basic operational questions still being asked. What costs can be charged by local authorities to businesses that waste management companies do not want to provide a service for, perhaps those that are hard to access? Can local authorities ‘signpost’ to waste management companies if collection is requested? Or must it be a local authority contract or handled in-house? What happens with businesses that fail to meet their obligations to abide by the legislation? What are the consequences of failing to do so?

One of the biggest questions is who exactly will be enforcing these new requirements? We know that the Environment Agency (EA) are unlikely to be on the ground ensuring businesses separate out their food waste, so the burden falls on local authorities to educate and communicate with their commercial customers without any real power to enforce.

This is a lot of questions still being asked of a policy that is being introduced in less than five months’ time.

Whilst local authorities are doubtlessly seeing a lot of challenges from these changes, a number already provide these types of collections and have achieved improving recycling rates without suffering financially in doing so.

The variation in authorities across England may play a key role in how this can be achieved successfully on a council-by-council basis. But with a strong regulatory approach and the correct support and guidance, we hope to see these changes become a positive rather than a burden.

This article was first published in the winter issue of LAPV.