Since 1 October 2023, businesses in England have been prohibited from supplying, selling, or offering a defined list of single-use plastic items. The legislation followed similar bans already in place in Wales and Scotland, and applies to all businesses that supply food or drink — including cafés, restaurants, office canteens, fast food outlets, and hospitality venues. This guide covers what is and is not banned, how the rules apply to common café and hospitality disposables, and what compliant alternatives are available.
What the Ban Covers
The legislation targets single-use plastic items that are among the most commonly littered and least likely to be recycled. The following are now banned from being supplied to consumers in England:
- Plastic plates, bowls, and trays (for consumer use)
- Plastic cutlery (forks, knives, spoons, chopsticks)
- Expanded polystyrene (EPS) food containers and cups
- Plastic balloon sticks
These items cannot be provided free or sold to end consumers — the ban covers both paid and complimentary supply.
What Is Not Banned
Several commonly used food service items are outside the scope of the ban:
- Paper cups — standard disposable hot and cold cups with a plastic lining are not banned. The lining is functional rather than single-use plastic in the regulated sense.
- Plastic lids for hot drinks cups — sip-through lids on paper hot drink cups are not included in the ban
- Plastic straws — these were banned separately in England in 2020 and are not part of the 2023 legislation, but the existing straw ban remains in force
- Wooden cutlery — fully compliant and a direct replacement for plastic cutlery
- Bagasse and moulded fibre containers — made from sugarcane pulp, these are fully compliant and not affected by the ban
- Compostable and PLA items — products certified as compostable (including PLA cups and containers) are not covered by the single-use plastic ban
Important exception: Plastic plates, bowls, and trays are still permitted when supplied business-to-business (for example, as packaging for pre-prepared food supplied to another business) or when used as packaging filled at the point of sale. The ban specifically applies to consumer-facing supply.
What This Means for Cafés and Hospitality Businesses
For most cafés and coffee shops, the practical impact is limited — paper hot drink cups were already the standard, and wooden stirrers and paper straws had largely replaced plastic equivalents following earlier rules. The main areas requiring attention are:
- Plastic cutlery — any remaining stock of plastic forks, knives, or spoons for consumer use must not be supplied. Switch to wooden or compostable alternatives.
- Polystyrene containers — EPS takeaway containers are fully banned. Bagasse moulded fibre containers are the standard compliant replacement and perform well for hot food.
- Polystyrene cups — EPS hot cups are banned. Paper cups in single, double, or triple wall formats are the direct replacement.
Compliant Alternatives Available From ADS
Our disposables range is fully aligned with the current legislation. Key compliant products include:
- Paper hot cups — available in single wall, double wall, and triple wall formats from 4oz to 20oz. Double wall cups eliminate the need for a sleeve and suit high-volume café service.
- Wooden stirrers — biodegradable and fully compliant, a direct replacement for plastic stirrers
- Paper straws — available in multiple sizes including smoothie straws, compliant with both the 2020 straw ban and current legislation
- Cold cups — compostable PLA cold cups are available for iced drinks and smoothies, with compatible lids
Shmoo milkshake cups and lids are also fully compliant — they are manufactured from 50% recycled material and are fully recyclable, placing them outside the scope of the ban.
Penalties for Non-Compliance
Local authorities in England are responsible for enforcement. Businesses found supplying banned items can face civil penalties. There is no fixed fine schedule published for all regions, but enforcement is handled similarly to other environmental trading standards breaches — typically beginning with advice and warnings before escalating to formal notices or fines.
The practical risk for most businesses that switched to compliant products in 2023 is minimal, but it is worth auditing your current disposables stock if you have not done so recently.
Browse our full compliant disposables range or contact us if you need guidance on switching to ban-compliant products for your venue.