Deposit Return Scheme – queries for the licensed trade and others

This scheme affects all businesses whether you are a producer, retailer, wholesaler or work in hospitality – if you have have an off sales or takeaway facility for drinks whether or not alcoholic in bottles or cans

Deposit Return Scheme I refer you to the web site

https:// depositreturnscheme.zerowastescotland.org.uk

I wonder if the following matters are covered.

1. PLANNING Although there is a general blanket ban on requirement for planning consent – this may not be the case where DRS machines require to be located in conversation areas, listed building curtilages or within some listed buildings – post covid there are significant delays in most local authorities’ planning services who as far as I am aware have no guidance on how they expect to deal these matters – planning/listed building fees are based on a SCOTGOV table and you should speak to your local planning service or your solicitor or architect for more information

Please see link re planning issues

https://depositreturnscheme.zerowastescotland.org.uk/planning-permission-no-longer-required-for-many-vending-machines

2. BUILDING STANDARDS There may be a requirement for building standards consent if shop or other premises requires to be re-fitted or layout amended – post covid there are significant delays on most local authorities’ building standards service who as far as I am aware have no guidance on how they expect to deal these matters. This is based on a SCOTGOV table and you should speak to your local building standards service or your solicitor or architect for more information

I can find no information on the DRS web site re whether or not building standards applications need to be made

3. LICENSING Licensing consent for premises benefiting from liquor licences – I cannot say whether this would be a minor or major variations – minor variations are prescribed and the emplacement of DRS machine is not one of the categories – this would require application of one sort or another which would require in most cases engagement of a solicitor to carry out the legal work i.e making the application and amending the operating plan and checking the layout plans, an architect or architectural technician to amend the layout plan, fee to local authority building standards (probably) licensing applications (if minor fee would be £20.00 – if major depends on fee for each board from about £40.00 – £800.00- unless the applications for this would be able to be deemed “minor” you can be subject to delays of up to and on occasion over 9 months before consent is granted.

I can find no information on the DRS web site re whether or not applications for amendment of liquor licences need to be made if these DRS facilities are installed within licensed premises

4. FOOD HYGIENE I am sure that EHOs will have to have an input and you should check with your local EHO food safety teams before installing the machines as you may have to submit plans detailing where the machines will be placed so that food hygiene matters can be assessed. However this is not defined and the only information on the DRS web site is attached

https://depositreturnscheme.zerowastescotland.org.uk/search/node?keys=environmental+health+

5. LOCAL GOVERNMENT / LICENSING BOARDS I can find no guidance on this apart from basic references to the DRS web site [ https:// depositreturnscheme.zerowastescotland.org.uk ] which unless I have missed it does not effectively cover the above matters 

I think these issues will have to be addressed by Scottish Government in very short order