FOI Request - Single Use Plastic Ban Enforcement

Request 101003147977

It has now been one month since the single-use plastics ban has become fully  effective: https://www.zerowastescotland.org.uk/single-use-plastics/regulations

I’m looking to find out more about enforcement of this ban in your local authority areas.

Could you please tell me the following:

1. Generally, what is your council’s approach to enforcement of the ban? Is it fines at first instance? Warnings/engagement with offenders at first instance? Are you proactively looking for rulebreakers or waiting for people to report it?
2. How many businesses have you engaged with for breaking the rules of the ban?
3. How many businesses have you taken action against for breaking the rules of the ban?
4. What is the cost of the fines you are issuing in £? Is it a sliding scale, similar to parking fines where you get a discount if you pay within a certain period of time, etc?
5. How many fines have you issued to businesses for breaking the rules of the ban?
6. What support are you offering to businesses to help them swap too more eco-friendly, permitted items to replace the now-banned single use items?
7. How much money has your local authority spent on communicating this new rule change with businesses?

Response 05-10-2022

1. In general terms we always try to engage with businesses and encourage compliance with the ban and we would only use fines as a last resort. While we are not proactively looking for rule breakers, the issue is addressed at regular food hygiene visits. To date we have received no complaints regarding noncompliance.
2. Addressed at Food Hygiene visits. Number carried out since implementation (01/07/2022): 102 

3. Nil to date. 

4. Fine set by legislation is maximum level 5 on standard scale, currently £5000.
5  Nil to date.
6. Information provided on Council webpage and Facebook page see link: 
http://www.moray.gov.uk/moray_standard/page_142358.html  and https://www.facebook.com/MorayCouncil 

This information is therefore exempt under section 25 of the Freedom of Information (Scotland) Act 2002, information otherwise accessible.

7. Not held - no specific spend, carried out as part of normal duty. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.

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