Single-Use Disposable Beverage Cups Charge: Partial Business and Regulatory Impact Assessment

15. Digital impact test

• Does the measure take account of changing digital technologies and markets?

Potential changes in digital technologies and markets are being accounted for during the development of this legislation.

• Will the measure be applicable in a digital/online context?

Any price increases would apply equally to both online and offline retailers, as they apply to all affected products that enter the Scottish market.

• Is there a possibility the measures could be circumvented by digital / online transactions?

As the affected single-use disposable beverage cups are sold by both traditional and online retailers such as food delivery platforms, the legislation would also need to apply to online transactions in order to be effective and meet the stated objectives.

Online transactions, particularly delivery services, will limit the accessibility of avoiding the charge when those suppliers provide drinks in single-use disposable beverage cups. Due to the nature of the transaction, consumers will unlikely be able to provide their own re-useable cup or ‘sit-in’ at the supplier, therefore incurring the charge and limiting any potential reduction in single-use disposable beverage cups in this sector.

The impact will vary between retailers, for example: food restaurants may be able to provide drinks in cans or bottles which will avoid the charge and can potentially be recycled through the planned Deposit Return Scheme. Fewer options may exist for coffee shops operating delivery of drinks, for example, but new opportunities could exist for reusable takeaway alternatives and returnable cup loan schemes.

• Alternatively, will the measure only be applicable in a digital context and therefore may have an adverse impact on traditional or offline businesses?

The legislation would be applicable equally to both digital and traditional businesses and would therefore not result in an adverse impact on traditional or offline businesses.

• If the measure can be applied in an offline and online environment will this in itself have any adverse impact on incumbent operators?

No