Judge rules Westminster ‘unlawfully’ issued waste fines

The council sent out blanket Enforcement Notices to around 48,000 businesses for the incorrect management of their waste. The fines would have equated to about £1,000 a day. 

The businesses launched a legal challenge to the charges with representation from Watts Legal who argued that the council issued the notices without any inquiry into waste collection arrangements or the reasonableness of the requirements. 

Andrew Thomas KC from Watts Legal explained: “The council’s failure to conduct a proper investigation or to engage with businesses had resulted in notices being served when it was unnecessary and had the inevitable consequence of imposing unreasonable requirements.” 

The court determined the council acted unlawfully, citing a “lack of knowledge and training” regarding the legal requirements of Section 47 of the Environmental Protection Act. 

The judge said that the council had not engaged with businesses before sending out the notices and described the process as “wholly unreasonable”.  

Westminster city council told Letsrecycle.com: “The council has a key role in keeping central London clean and accessible. We believe that all businesses and residents should play their part by disposing of their waste responsibly – having regard for all users of our streets.

“The council will continue to provide clear, robust and personalised guidance for all commercial premises based on individual circumstances.

“The recent rulings relate to small number of notices where specific businesses had placed waste on the street for collection at a time and in a way that the council believed to be problematic.

“We note the findings and judge’s comments on the way notices are worded and will review these in the spirit of improving our communication with businesses.”

The case was backed by the United Resource Operators Consortium (UROC), which supports independent waste collectors.  

UROC has now issued a call for Westminster to review its enforcement policies.  

CEO of UROC and solicitor at Watts Legal, Jenny Watts, commented: “The ruling is a victory for fairness. 

“It’s staggering that businesses, already struggling, were burdened by these unlawful fines. 

“It’s time for the council to change their approach and engage constructively with the business community, including the waste sector, especially as Simpler Recycling for business waste is coming in to force on 31 March 2025.”