Duty of care waste transfer notice

If your business is not supplied with a duty of care waste transfer note from your waste service provider, you might not be registered. If your waste is then dumped or disposed of illegally, you could be held responsible.  

Check the company through the Environment Agency's waste carrier's public register.

Our Environmental Enforcement Team perform regular checks across the city to make sure businesses have their duty of care waste transfer notices. 

If you do not have a legal way of disposing of your waste you could receive a fine. This could lead to prosecution and a criminal record. 

Download a waste transfer note

Reduce the risk of getting a fine (also known as a fixed penalty notice)

If there is evidence that you are not complying with your duty of care waste transfer note, you may be issued with a fine for non-compliance. This applies whether you store or present your waste for collection on public and private land. 

To make sure you do not get a fine, you must:

• use bins or sacks - waste must not be presented for collection loose
• take every precaution to ensure you waste bins and/or sacks are safe and secure
• take a photo with a date and time stamp when you put your waste out for collection, in case of any subsequent issues
• ensure your collection point is as close to your business as possible
• label your bins with your business name

If you use bins to dispose of your waste:

• use a padlock to keep it secure, prevent waste from being removed, and prevent anyone else using the bin
• ensure the bin has a working lid and it is always fully closed - do not allow sacks, boxes or other items to prop the lid open
• do not allow any waste to spill out.

If you use sacks to dispose of your waste:

• use a hessian sack (rather than a plastic one) to prevent the contents from being strewn across the pavement
• secure it to your premises, for example,  padlock or tape to reduce the likelihood that it is transported somewhere else

If you use Brighton & Hove City Council trade waste sacks to dispose of your waste and your nearest communal bin is full, find one that has space for your waste inside. Do not leave the sack outside of the bin.

Examples of non-compliance include:

• not containing your waste in a bins or sacks
• leaving a bag/s on top of your bin or around your bin
• the lid being open, partially or wholly
• waste spilling out of your bins and/or sacks

Read more about business waste offences in the Environmental Enforcement Framework.