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Exemption from section 23Q of Act in relation to beverage products for use or consumption in hotel rooms, etc.

Resource Sustainability (Exemptions — Beverage Container Return Scheme) Order 2026

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—(1) Any operator (D) of a hotel is exempt from collecting a deposit under section 23Q of the Act in relation to any beverage product that D supplies to any person (E) in any of the following circumstances:(a)any beverage product that D supplies to E upon request by E, for use or consumption within a hotel room occupied by E, through what is commonly known as an in‑room dining service;(b)any beverage product that D pre‑stocks in a hotel room occupied by E, for use or consumption by E, whether or not E is charged for such use or consumption;(c)any beverage product that D supplies to E for use or consumption within a hotel function area.(2) The exemption in sub‑paragraph (1) is subject to the condition that D must implement one or more of the following measures to facilitate the collection of any beverage container that is used for any beverage product supplied in the circumstances mentioned in sub‑paragraph (1):(a)retrieving such beverage container from E (including after it is left behind by E) from any place mentioned in sub‑paragraph (1);(b)providing or ensuring the provision of a means (including a place or facility, whether shared or otherwise) for E to return such beverage container to D —(i)within the hotel; or(ii)no more than 5 metres’ walking distance from any boundary of the hotel.(3) In this paragraph —“hotel” means any premises registered as a hotel under section 5 of the Hotels Act 1954;“hotel function area” means any premises or part of the premises within a hotel that are used or intended to be used for holding any event such as a meeting, a conference, a seminar, a course, a workshop, an exhibition, a corporate retreat, any corporate training, a wedding or a banquet, or for the purpose of serving meals;“hotel room” means any guest room, suite or dormitory space in a hotel;“operator”, in relation to a hotel, means the person responsible for the day‑to‑day operations of the hotel, being —(a)an individual, if so responsible as a sole proprietor; or(b)any body of persons, corporate or unincorporate.

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