Be Aware – Duty of Care

All business premises are required by law to employ a registered Waste Contractor to collect and dispose of their refuse, even if it only appears to be daily domestic type waste.

OR, alternatively you may transport your waste to a refuse disposal site as long as you declare it as business waste, pay for its disposal, and keep receipts [transfer note] for a 2-year period. This is known as, Duty of Care.

You may be required to present evidence of a commercial waste contract at any time, Keep your contract on the premises and accessible for inspection.

You must keep records for a 2-year period and may be asked to produce these by an Authorised Officer from Birmingham City Council.

If you fail to provide evidence of a Commercial Waste contract you may be served with a Legal Notice under the Environmental Protection Act. Failure to comply with this notice may result in a Fixed Penalty Notice [£300] being issued. Alternatively you may be taken to Court [criminal charge] with a maximum fine of up to £5,000.

Business Rates do not cover a free refuse collection; so do not put black refuse sacks out for the domestic service.

  • DO ensure you have a valid contract.
  • DO ensure you only use the receptacles provided by your contractor and that this is sufficient for your business needs.
  • DO ensure that all your staff are familiar with waste disposal methods in particular the collection times/dates given by your contractor.
  • DO NOT fail to take up a Commercial Waste contract, Remember, it is a legal requirement for your business.
  • DO NOT place your waste out too far ahead of the designated collection time. This only encourages RATS and other VERMIN and has the potential to turn away present and potential customers from your business.
  • DO NOT put waste out unless it is securely contained in the correct receptacles, e.g. do not stack waste around container bins, failure to control your waste is an offence.

Remember first impressions count keeping the streets free from piles of rubbish can only be good news for your business.
All business premises are due for a Duty Of Care inspection by an Officer from Birmingham City Council’s Regulatory Services – Environmental Health.

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