Publicly-funded schools and further education establishments
Local Authorities could previously only charge for the collection of waste, but not disposal, from educational establishments including universities, schools and colleges.
The new regulations now allow local authorities to also charge for disposal of waste. However an exemption applies, where publicly funded educational establishments had their waste disposed of without charge by Dorset Council prior to the new regulations coming into force; they would be able to continue to receive free of charge disposal after the Regulations came into force on 6th April 2012.
The regulations make no distinction between local authority maintained schools and academies. As the ability to continue to receive free of charge disposal derives from the collection of waste from premises prior to the regulations coming into force, it will therefore make no difference, and a school receiving a free collection prior to the regulations will continue to do so after any change of legal status to an academy.
Where an establishment uses a commercial provider for their waste disposal, but, chooses to move to Dorset Council after the Regulations came in on 6th April, then Dorset Council will be able to charge the full cost of both collection and disposal.
Policy recommendation:
- where Dorset Council provided a free of charge collection prior 6th April 2012 the partnership will only charge for collection (not disposal)
- where Dorset Council charged for both collection and disposal prior to 6th April 2012 continue to charge for collection and disposal
- any new requests for collections will be charged at full collection and disposal rates
Small and micro-businesses
The government has included the following exemption to help minimise the impact of the new Regulations on small and micro businesses.
The new Regulations provide an exemption from waste disposal charges for businesses which immediately before the Regulations came into force on 6th April were (a) eligible for free waste disposal and (b) entitled to Small Business Rate Relief (SBRR). This would apply to the following businesses (as they were previously entitled to free waste disposal under the CWR 1992), provided they are also entitled to SBRR:
- self catering accommodation
- camping and caravan sites
- composite hereditament (which would include childminders etc working from home)
Policy recommendation:
- where a business meets both requirements for this exemption they would only be liable to pay a collection charge for their waste
- where a business operated from home is entitled to free disposal they would have the option of utilising spare capacity in their domestic containers for their business waste for a fixed annual charge. Extra waste would be charged at a collection only rate
Businesses employing up to 20 people
To minimise the impact of the Regulations on firms employing up to 20 people, the new Regulations have provided that local authorities shall have the freedom to decide whether to charge for collection and disposal on a case-by-case basis, allowing them to make decisions which best support local needs and aspirations.
Those most likely to be affected are in self catering holiday accommodation and childcare (pre-school) categories.
Policy recommendation
That Dorset Council policy is to charge for collection and disposal of waste where the regulations allow. Charges will not be discretionary in any circumstances as a consistent and fair approach needs to be adopted.