The Scottish Government has maintained since the DRS was proposed that all retailers who sell in-scope drinks for takeaway to consumers on their premises must operate a return point.
However, in guidance published on 4 November, the Scottish Government has softened its stance.
Retailers can apply for an exemption if they can demonstrate that operating a return point would mean they would be in breach of other legislation, such as environmental health, food or fire safety.
The government now says a retailer “is likely to be approved for an environmental health exemption if the footprint of their premises is 100m2 or less” or if they are “a food-to-go retailer and the footprint of their premises is 280m2 or less”.
The guidance also outlined plans for a new return point mapping and exemption support service to help retailers identify an alternative return point.
Guidance
Published on 4 November, the guidance aims to clarify “all you need to know” before submitting an application for a return point exemption on environmental health grounds.
The Scottish Government said: “Zero Waste Scotland will assess your application against the eligibility criteria and pass it to the Scottish Ministers to take a decision.
“You should find out whether your application has been successful within 35 days.
“Please note that once you start the application, you will no longer be able to go back.”
Welcomed
The guidance has been warmly welcomed by many in the industry for providing clarity.
Data specialist Ecoveritas said the move represents a “commonsense approach”. The company said the guidance would enable thousands of smaller retailers to opt out of operating a return point as part the Scottish DRS.
Droves of smaller retail outlets will likely be breathing a sigh of relief
- Andrew McCaffery, Ecoveritas
Ecoveritas global EPR director Andrew McCaffery said: “Droves of smaller retail outlets will likely be breathing a sigh of relief, thanks to a much simpler process of applying for exemptions and a significant reduction in the operational burden of the scheme. We must avoid unnecessary, further hardship for lower-income families.”
He added: “There are welcome clarifications for environmental health exemptions, particularly concerning the footprint of premises, and much more manageable processes outlined for the specialist, food service and hospitality retailers.
“The considerable cost and lack of readiness will have played their part, but the Scottish Government is determined to get this right, so they are to be applauded.”
Local stores
The Association of Convenience Stores (ACS), a trade association for more than 33,500 local shops, also praised the Scottish Government for making the decision.
ACS chief executive James Lowman described the move as “a welcome step forward towards a workable deposit return scheme in Scotland”.
He said his association would work with its members to help them consider whether to seek an exemption or to make their store a return point.
“This will be a site-by-site decision and this new guidance makes it more likely that the right shops will act as return points in the scheme,” he remarked.
Mr Lowman added: “The UK, Welsh and Northern Ireland governments should note the challenges that Scotland is experiencing in using an exemptions system to define a workable and economically viable network of return points.”
‘Welcome intervention’
David Harris, chief executive, Circularity Scotland said the move represents a “significant intervention” from the Scottish Government.
“We have been working closely with the Minister and her team, as well as Zero Waste Scotland, to agree an approach and this new guidance will help industry to establish an accessible and inclusive network of return points across Scotland in the most effective and cost-efficient way,” he stated.
DRS
The DRS is set to go live in Scotland on 16 August next year, after several delays.
Once operational, it will see a 20p deposit placed on all single-use drinks containers made of PET plastic, steel and aluminium, or glass. The consumer will get this back once they return the contain via a reverse vending machine.
Recently, more than 500 business leaders signed an open letter calling for the Scottish Government to delay its flagship drinks recycling scheme beyond next summer, saying it would have a “catastrophic impact” on both businesses and consumers in its current form.
Subscribe for free