The Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024

SCHEDULE 10 Licensors and Pub Operating Businesses

Regulation 102 PART 1 Licensors Meaning of “licence agreement”, “licensor” and “licensee” 1 In this Part of this Schedule— (a) a “licence agreement” means an agreement or a number of related agreements in or under which one person (the “licensor”) grants another person (the “licensee”) a licence that— (i) allows the licensee to use a trade mark as the name under which the licensee sells or otherwise supplies from premises goods that are associated with that trade mark; and (ii) includes an obligation (whether expressed as a positive obligation or as a prohibition or restriction) on the licensee that relates to the presentation of those premises; and (b) “licensor” and “licensee” are to be interpreted in accordance with sub-paragraph (a). Obligations of licensors 2 (1) A licensor (“LR”) has the obligations set out in paragraphs 5 and 6, where the case in paragraph 3 or the case in paragraph 4 applies. (2) Where the case in paragraph 4 applies, LR’s obligations under paragraphs 5 and 6 are in addition to LR’s producer responsibility obligations. 3 The case in this paragraph is that— (a) LR— (i) is a producer, and has a turnover which meets the criterion in regulation 24(2)(a); but (ii) does not have producer responsibility obligations, because the amount of packaging supplied by LR does not meet the criterion in regulation 24(2)(b); (b) one or more of LR’s licensees are producers, but do not have producer responsibility obligations because they do not meet one or both of the criteria in regulation 24(2); and (c) the total amount of packaging specified in paragraph 7 which is supplied by LR and the licensees referred to in sub-paragraph (b) meets the criterion in regulation 24(2)(b). 4 The case in this paragraph is that— (a) LR has producer responsibility obligations; (b) one or more of LR’s licensees are producers, but do not have producer responsibility obligations because they do not satisfy one or both of the criteria in regulation 24(2); (c) the total amount of packaging specified in paragraph 7 which is supplied by the licensees referred to in sub-paragraph (b) meets the criterion in regulation 24(2)(b). 5 (1) Where LR has obligations under this Part, LR must collect the data referred to in sub-paragraph (2) in relation to packaging specified in paragraph 7 which is supplied by— (a) LR and the licensees referred to in paragraph 3(b), where the case in paragraph 3 applies; or (b) the licensees referred to in paragraph 4(b), where the case in paragraph 4 applies. (2) The data referred to in this paragraph are the data specified in— (a) paragraph 11 of Schedule 4 (which for this purpose is to be read as if references to “the producer” were references to the persons referred to in sub-paragraph (1)(a) and (b)); and (b) paragraph 14 of Schedule 4, if the relevant packaging supplied by any of the persons referred to in sub-paragraph (1)(a) or (b) includes plastic or paper bags supplied in England. (3) LR must— (a) use its best endeavours to obtain from its licensees the data which LR is required by sub-paragraph (1) to collect; and (b) make an estimate, and record it, in any case in which it is unable to obtain such data. (4) LR must keep the data collected under sub-paragraph (1) and a record of any estimates made under sub-paragraph (3)(b) for at least 7 years after the end of the reporting period to which the data relate. 6 (1) LR must report every 12 months— (a) to the appropriate agency, the data specified in paragraph 11 of Schedule 4; and (b) to the Environment Agency, the data specified in paragraph 14 of Schedule 4, which it has collected under paragraph 5(1), or estimated under paragraph 5(3)(b), in relation to the packaging specified in paragraph 7. (2) Regulation 39 applies to LR in relation to information which LR is required to report under sub-paragraph (1), as it applies to a producer in relation to information which the producer is required to report under Chapter 2 of Part 3. 7 For the purposes of paragraphs 3 to 6, the packaging specified in this paragraph is— (a) packaging that bears, or for goods that bear, a trade mark of LR, where a licence to use that trade mark has been granted to LR’s licensees under their licence agreement; (b) packaging for goods supplied by a licensee, where the licensee has been required by its licence agreement to purchase— (i) the packaged goods; or (ii) the goods, and packaging for them, either from LR, or from a supplier nominated or authorised by LR with whom LR has negotiated some or all of the terms of their supply to the licensee. PART 2 Pub Operating Businesses Meaning of “pub operating agreement”, “pub operating business” and “tenant” 8 (1) In this Part of this Schedule— (a) a “pub operating agreement” means an agreement or a number of related agreements in or under which— (i) one person (a “pub operating business”) grants a tenancy or lease of premises referred to in sub-paragraph (2) to another person (a “tenant”); and (ii) the tenant is under an obligation to purchase from the pub operating business, or from a person or persons nominated or authorised by or on behalf of the pub operating business, some or all of the alcohol (or, in Northern Ireland, intoxicating liquor) to be supplied on or from the premises; (b) “pub operating business” and “tenant” are to be interpreted in accordance with paragraph (a). (2) The premises referred to in this sub-paragraph are premises— (a) in respect of which a premises licence is in force; and (b) that are used by the tenant— (i) in England and Wales, for— (aa) the sale by retail of alcohol for consumption on the premises or both on and off the premises; or (bb) the supply of alcohol by or on behalf of a club to, or to the order of, a member of the club, for consumption on the premises or both on and off the premises; (ii) in Scotland, for the sale by retail or supply of alcohol for consumption on the premises or both on and off the premises; (iii) in Northern Ireland, for the sale of intoxicating liquor by retail for consumption either in or off the premises, or for consumption off the premises. Obligations of pub operating businesses 9 (1) A pub operating business (“PB”) has the obligations set out in paragraphs 12 and 13, where the case in paragraph 10 or the case in paragraph 11 applies. (2) Where the case in paragraph 11 applies, PB’s obligations under paragraphs 12 and 13 are in addition to PB’s producer responsibility obligations. 10 The case in this paragraph is that— (a) PB— (i) is a producer, and has a turnover which meets the criterion in regulation 24(2)(a); but (ii) does not have producer responsibility obligations, because the amount of packaging supplied by PB does not meet the criterion in regulation 24(2)(b); (b) one or more of PB’s tenants are producers, but do not have producer responsibility obligations because they do not meet one or both of the criteria in regulation 24(2); and (c) the total amount of packaging specified in paragraph 14 which is supplied by PB and the tenants referred to in sub-paragraph (b) meets the criterion in regulation 24(2)(b). 11 The case in this paragraph is that— (a) PB is a producer and has producer responsibility obligations; (b) one or more of PB’s tenants are producers, but do not have producer responsibility obligations because they do not satisfy one or both of the criteria in regulation 24(2); (c) the total amount of packaging specified in paragraph 14 which is supplied by the tenants referred to in sub-paragraph (b) meets the criterion in regulation 24(2)(b). 12 (1) Where PB has obligations under this Part, PB must collect the data referred to in sub-paragraph (2) in relation to packaging specified in paragraph 14 which are supplied by— (a) PB and the tenants referred to in paragraph 10(b), where the case in paragraph 10 applies; or (b) the tenants referred to in paragraph 11(b), where the case in paragraph 11 applies. (2) The data referred to in this sub-paragraph are the data specified in— (a) paragraph 11 of Schedule 4 (which for this purpose is to be read as if references to “the producer” were references to the persons referred to in sub-paragraph (1)(a) and (b)); and (b) paragraph 14 of Schedule 4, if the relevant packaging supplied by any of the persons referred to in sub-paragraph (1)(a) or (b) includes plastic or paper bags supplied in England. (3) PB must— (a) use its best endeavours to obtain from its tenants the data which PB is required by sub-paragraph (1) to collect; and (b) make an estimate, and record it, in any case in which it is unable to obtain such data. (4) PB must keep the data collected under sub-paragraph (1) and a record of any estimates made under paragraph (3)(b) for at least 7 years after the end of the reporting period to which the data relate. 13 (1) PB must report every 12 months— (a) to the appropriate agency, the data specified in paragraph 11 of Schedule 4; and (b) to the Environment Agency, the data specified in paragraph 14 of Schedule 4, which it has collected under paragraph 12(1) or estimated under paragraph 12(3)(b) in relation to the packaging specified in paragraph 14. (2) Regulation 39 applies to PB in relation to information which PB is required to report under sub-paragraph (1), as it applies to a producer in relation to information which the producer is required to report under Chapter 2 of Part 3. 14 For the purposes of paragraphs 10 to 13, the packaging specified in this paragraph is packaging for goods that a tenant is required by their pub operating agreement to purchase from PB or from a person nominated or authorised by PB. PART 3 Interpretation Interpretation of this Schedule 15 (1) In Parts 1 and 2 of this Schedule— (a) “premises” means any sales outlet on which packaging is handled and includes any land, vehicle, vessel, mobile plant and stall; (b) references to the criteria in regulation 24(2)(a) or (b) (threshold criteria for small producers) are to those criteria read together with regulation 24(3) to (7). (2) For the purposes of paragraph 8 of this Schedule— (a) in relation to England and Wales— (i) “alcohol” has the same meaning as in section 191 of the Licensing Act 2003; (ii) “premises licence” has the same meaning as in section 11 of that Act; (iii) “sale by retail”, in relation to any alcohol, has the same meaning as in section 192 of that Act; (iv) “supply of alcohol” has the same meaning as in section 14 of that Act; (b) in relation to Scotland— (i) “alcohol” has the meaning given in section 2 of the Licensing (Scotland) Act 2005; (ii) “premises licence” has the meaning given in section 17 of that Act; (c) in relation to Northern Ireland— (i) “intoxicating liquor” has the meaning given in article 2 of the Licensing (Northern Ireland) Order 1996; (ii) “premises licence” means a licence for premises granted under article 7 or 11 of that Order; (iii) “sale by retail” means a sale at any one time to any one person of quantities not exceeding— (aa) 9 litres or 1 case of spirits or wine; or (bb) 21 litres or 2 cases of beer or cider.