Jonathan Harris, who has operated Shine salon, in Gloucester Road, Brighton, for 17 years, has spent two months challenging Brighton and Hove City Council over the £300 fine.
An environmental enforcement officer issued the fixed penalty notice stating that the bin was “overflowing” at 6am on Friday 19 July.
A picture of the bin, taken from within the business’s private courtyard was included with the fine, showing the lid was open with tied black bags visible but within the bin.
Brighton and Hove City Council\’s environmental enforcement officer\’s image of Shine\’s bin
An email from the environmental enforcement officer said that businesses signed a contract agreeing to keep their bins locked and secure and not overflowing.
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He said: “It feels like someone has made a mistake and they don’t know how to get out of it and a bit of pride is getting in the way now.
“What do you do as a business owner? We’ve tried to put another appeal in with information about what the council says businesses can do with their waste.
“I do get there is potential for an issue with the waste but I do feel we did nothing wrong.”
Mr Harris said that his bin is secure because it is kept in a locked store throughout the week and he empties it early on Friday mornings before the business opens at 9.30am.
He said that other commercial businesses were able to leave their rubbish in tied bags in the street and the residents’ communal bins opposite his business were often overflowing but they were not fined.
Mr Harris said: “I feel really shocked because we invest so much in our waste. We have a company that takes away our hair for recycling. We have our foils recycled. We’ve been diligent about it from day one.
“I’m against bin bags being put in the streets because the seagulls get to them so we’ve kept them in a bin in a store and we bring it out.
“It’s on our property. It’s not on the highway. That was the first question I asked: ‘Why are you on our premises?’ And (I) was told they could if they suspected an environmental issue but it didn’t look like one to me.”
Mr Harris appealed against the fine but his appeal was rejected. He has repeatedly contacted the council challenging its position.
Shine Hair Salon courtyard
Since receiving the fine, Mr Harris has bought a lockable bin.
The new Green MP for Brighton Pavilion, Siân Berry, has taken up Mr Harris’s case and challenged the council’s position.
She said that Shine was a responsible business taking care to store its waste securely and the fine was based on a “hypothetical situation” because the enforcement team argued the bin was “publicly accessible”.
Ms Berry said: “I recognise that the council needs to have robust measures in place to tackle litter and fly-tipping offences. Enforcement action needs to be proportionate.
“I do not believe that this fine is fair given that waste remained in the business’s bin at all times, it was secured in bin bags and no waste escaped.
“I’ve written to the council on several occasions about their position but, worryingly, they insist this fine stands because the waste was ‘publicly accessible’.
“Yet other businesses are advised to leave their waste out in bin bags overnight and many council-owned bins are also publicly accessible. The rules are confusing and contradictory.
“Rather than digging in its heels, the council should do the right thing and waive this fine.”
The council’s cabinet member for net zero and environmental services, Tim Rowkins, said: “We always look to be proportionate and consistent in the way we issue fixed penalty notices and we are currently reviewing our environmental enforcement service.
“This particular case is still under review and we are considering whether the fixed penalty notice was appropriate.
“We set up a new process in June to make this process easier for residents and traders to challenge a fixed penalty notice without the need to go to court. In these cases, it is reviewed by a senior officer.”
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