Crackdown on stores which block pavements with big bins

West Lothian Council could impose fines of up to £1,000 on shop-owners who block town centre pavements with large commercial waste bins.

New rules over fines have been drawn up as part of a wider tightening up of regulations.

Existing legislation could be used to crack down on stores which leave 1,000-litre dumpster-style bins as obstructive eyesores on pavement areas, such as in Bathgate’s Steelyard and Linlithgow’s historic high street.

In a presentation to the Environment and Sustainability PDSP, Victoria Mungall, Interim NETs, Land and Countryside Manager, said: “The council will manage and enforce the placement of commercial waste bins on footpaths in a fair, proportionate, and risk-based manner to ensure public safety and accessibility.

“Businesses must ensure that bins are not stored on the public footway except during agreed collection times and that they do not obstruct pedestrian movement, including access for wheelchair users, pushchairs, and people with visual impairments.”

A spokesperson for the council later stressed while fines could be as high as £1,000, it is hoped deterrence rather than enforcement is needed.

In December 2025, a working group for commercial waste was established within the council. West Lothian, unlike some councils including Edinburgh, does not lift commercial waste, and thus has limited control over collection.

Chair of the PDSP, Linlithgow’s Tom Conn asked if the council could make demands on private firms and private commercial waste operators over uplift times: “ when stores are open and can retrieve bins. Can we do that?”

Ms Mungall said: “We can. There should be a trade waste agreement in place with local businesses which would stipulate when those collection times are. We have been working with colleagues in planning.”

Councillor Conn said: “I’m aware of businesses in Linlithgow that are only open part of the week. At the end of business week they present their bin and its not collected for two or three days. I think that’s a practice we need to state is not acceptable in the public realm.”

Ms Mungall said; “I would hope that part of the promotion of these service standards would be to engage with local businesses and set out what our expectations are.”

She added there may be exceptions, such as where collections take place in the early hours of the morning, and bins are put out at the end of the working day.

The purpose of the group is to collaborate with local businesses to encourage responsible waste-disposal practices.

Cleaner Communities are working alongside colleagues in the Planning Department to ensure that appropriate waste considerations are taken into account when granting consent for new developments, as well as when approving changes of use for existing buildings.

This is particularly important where proposed business operations differ significantly from previous uses, resulting in substantial changes to waste generation and management requirements.

Ms Mungall told the meeting: “Where bins are found to be causing obstruction or risk, the council will engage with the business to secure compliance and may require immediate removal. If an immediate safety issue is identified, the obstruction may be removed and all associated costs are recoverable.

“Persistent or serious non-compliance may result in formal enforcement action in line with relevant legislation (Section 59 of the Roads (Scotland) Act 1984) and council policy, with the primary aim of maintaining clear, safe, and accessible footpaths for all users. Contravention of Section 59 of the Roads Scotland Act is a criminal offence and if convicted businesses may be liable to a fine if imposed by the Courts.”

Bathgate councillor Willie Boyle first raised a motion at full council in early 2024 calling for an end to retailers clogging pavements in Bathgate with huge dumpster bins.

The problem is particularly acute in the Steelyard, Bathgate’s pedestrianised area. It is also common in other streets in the town, as well as in Linlithgow and other traditional town centre locations.

A report to the Environment and Sustainability PDSP at the time said: “Several councils use existing legislation to operate schemes to control the storage and presentation of trade waste with designated control zones. Progressing a similar scheme within West Lothian will require a more detailed assessment.”

At this week’s PDSP, councillors approved the proposals, which will now go to the Executive for debate.