Pubs could face prosecution and fines of up to £5000 if they fail to comply with regulations on recycling.
A ruling in the High Court means any pub or pub company with an annual turnover of over £2m or producing more than 50 tonnes of waste packaging will have to take responsibility for its own recycling.
The Environment Agency confirmed that the judgement means that pub companies and licensees would be required to register compliance with them, but said it was still considering whether to appeal the decision and is waiting for the full ruling to be issued by the High Court.
A spokeswoman for the agency said: "There are people registered for compliance, such as brewers, that no longer need to be and people that are not registered through no fault of their own. The agency will take a fair approach to sort this out."
But Tom Bainbridge, a solicitor at Cameron McKenna, said: "Failure to register is a criminal offence and one which the regulators have been enforcing with increasing aggression."
He also confirmed that pubs and pub companies would see an increase in costs from the new ruling while brewers and drinks suppliers would be saving money.
Tony Payne of the Federation of Licensed Victuallers Associations said the ruling would be more likely to affect large pubs that sell a high volume of bottled and canned drinks.
He also expressed concern about the role of local authorities, which are responsible for the emptying of bottle banks and removing waste and can levy charges for recycling. He said: "If local authorities take action then it could lead to extra charges for licensees."