Purpose

The duty of local authorities to collect and dispose of household waste is set out in Section 45 of the Environmental Protection Act 1990. Following the announcement of the new Food Waste Collection contained within the Environmental Protection Act 1990 (introduced by the Environment Act 2021) on 31 March 2025, new recycling regulations will come into effect, requiring businesses across England to ensure that all food waste is separated out from other waste streams and presented separately for collection by an approved contractor.

Under existing contractual arrangements at a Liverpool City Region level, Sefton Council are not able to offer this facility directly to businesses, hospitals, care homes, office blocks, schools & colleges, garages and transport hubs without the necessity of a third party.

A third-party contractor, Bensons Products Ltd can, when requested by Sefton Council, collect and dispose of all separated food waste from commercial properties.

Decision

Decision(s): That

(1)

the legislative requirements to introduce an offer for commercial food waste collection service for 2025/26 should this be requested of the Council be noted;

(2)

the content of the report be noted and the arrangements detailed be agreed to commence in April 2025;

(3)

the fees & charges for Commercial Food Waste 2025/26 be approved;

(4)

all rates be applied from 1st April 2025;

(5)

authority be delegated to the Assistant Director - Operational In-House Services in consultation with the Cabinet Member - Cleansing and Street Scene, to procure the necessary arrangements for commercial food waste collection service from 1st April 2025 should this be requested of the Council; and

(6)

the current arrangements in place for all educational facilities be utilised across the borough through a continuation of their contract with Bensons Products Ltd if requested to collect commercial food waste.

Reason(s) for the Decision(s):

Local authorities have a duty to arrange for the collection of household waste and, if requested, of commercial and industrial waste.

In October 2023, the government announced a range of changes to waste collections under the general policy heading termed ‘Simpler Recycling’.  These changes aim to improve national recycling rates by several measures which include the requirement for separate collection of Domestic & Commercial Food Waste by Waste Collection Authorities (WCAs) which includes Sefton Council.

The Environment Act 2021 received Royal Assent on 9 November 2021. Section 57 (4) of the Act introduces a new section 45A into the Environmental Protection Act 1990 which requires the separate collection of food waste for recycling, at least once a week.

When this section 45A of the Environmental Protection Act 1990 comes into force, the Council has a duty to collect food waste for recycling at least once a week.

Alternative Options Considered and Rejected.

Sefton Council, under the currently legislation, are placed under a duty of local authorities to collect and dispose of household waste is set out in Section 45 of the Environmental Protection Act 1990.

Following the announcement of the new Food Waste Collection contained within the Environmental Protection Act 1990 (introduced by the Environment Act 2021) on 31 March 2025, new recycling regulations will come into effect, requiring businesses across England to ensure that all food waste is separated out from other wastes and presented separately for collection by an approved contractor. Sefton Council cannot ignore the legislation and doing nothing is not an option.

Sefton Council visited and discussed the opportunity with RSL Waste however this proved to be cost prohibitive.