Edinburgh restaurant considers legal action after 'smelly' bin hub placed next to outdoor seating

A family-run Edinburgh restaurant fear they could face closure as a result of the council’s installation of a “smelly” bin hub just a few feet away from its outside tables.

Waste and recycling bins appeared outside Tapas3 in Newington this month. This follows the owners voicing concerns about the potentially “devastating” impact on their business and a “flawed” location approval process last year.

They fear it will attract pests and drive customers away over the summer when the Spanish eatery doubles its capacity with outdoor tables and chairs.

Director David Hutchison said he is now considering taking legal action as he believes “due process” was not followed by officials.

“Their criteria [for bin hubs] is they have to have a minimum of two metres pavement width for safe access,” he said. “There’s not two metres there because they never took into account the tables and chairs permit. This is a decision which has been imposed on us with zero benefit for us, with a massive impact which could threaten the business.

“In their own impact assessment they say some residents may have impact from odour, noise and vermin – so it’s recognised in their impact assessment yet they still feel it’s okay to put it outside a business. All this has been raised since last July and nobody’s listening.”

Councillor Scott Arthur, Transport and Environment Convener at Edinburgh City Council, said: “Our city-wide communal bin review project is grouping together recycling and waste bins to improve recycling provision and waste collection reliability for around 130,000 of our residents. The first phase of the project has been a great success and has led to a massive drop (85%) in the number of overflowing mixed recycling bin reports to the Council.

“When selecting bin hub locations, colleagues apply the approved criteria to ensure each location is suitable. This location meets the criteria by providing full usage of waste and recycling services, sufficient capacity and it reduces the need for residents to walk further than 50 metres or cross a road to dispose of their waste or recycling.”

“We have a framework, approved by committee last May, which we use this to investigate all requests for alternative locations and where we can accommodate these we will. This allows us to be as flexible as possible and fair to all residents. Nonetheless, I respect Tapas3’s right to challenge the installation via the complaint process and I will ensure the case is dealt with in a fair manner.”