Establishing a food business is not just a question of ensuring that there is a market for the products you intend to sell. There are a number of areas of legislation that you must consider in order for the business to comply with the law and some of these are as follows: –
Registration of the business as a food business
Regulation (EC) 852/2004 Article 6 (2) and The Food Hygiene (England) Regulation’s state that Food businesses must register with the appropriate competent authority (Local Authority), at least 28 days before opening. If you are not sure whether you should be registered or not, please complete this form.
Approval of premises
Some categories of food business require either approval or licence from the Local Authority in order to trade. Approvals are required by businesses such as producers of meat products, meat preparation’s, milk and dairy products and fish products. Licences are required by business that propose to street trade. It is an offence to trade without the proper approval or licence. Advice concerning licensing or approval can be obtained by contacting the Food Team on commercial@fylde.gov.uk
Planning permission/Building control
If you are starting a new food business or making alterations to an existing business you may need permission from the Local Authority Planning Department. It is always a good idea, even if the business is already functioning as a food business, to check that the appropriate permissions are in place prior to purchase/lease of a premises for trading as a food business. Fylde Borough Council Planning Department can be contacted on 01253 658658 or please visit the planning pages.
Food legislation
The main legislation controlling the activity of food businesses are Regulation’s (EC) 178/2002, (EC) 852/2004, (EC) 853/2004, (EC) 854/2004 and The Food Hygiene (England) Regulation’s. These regulation’s came into force on 1st January 2006, as part of this all businesses must put in place, implement and maintain written procedures based on food safety Hazard Analysis Critical Control Procedure (HACCP) principals. To find out more information on this, the Food Standards Agency has introduced a Safer Food Better Business pack, which sets out a template for small catering businesses on the HACCP principles.
Regulation’s (EC) 853/2004 are for product specific premises which require approval. These replace all the previous vertical legislation e.g The Meat Products (Hygiene) Regulation’s 1994, along with revoking the Butcher Shop Licensing Legislation. If you are a producer of products of animal origin (meat, fish and dairy products) and supply to other than solely to the final consumer then these regulation’s will probably apply to you and you should therefore seek approval from the Authority prior to trading.
Trade Organisation’s
Some trade organisation’s produce Industry Guides to Good Hygiene Practice that we as enforcement office’s must recognise in carrying out our inspections. One example of this is the Catering Guide but there are many others for specific sectors. The Food Team can advise you on whether a guide exists for your business and how a copy can be obtained. For further information please email commercial@fylde.gov.uk
Provision of Sanitary Accommodation
Suitable sanitary accommodation must be available in all food businesses which is adequately separated from the food handling operation. Fylde Council’s Policy can be found here Where you are operating a large food business it may be necessary to provide more toilets. Guidelines to the number of toilets required can be found in British Standard 6465 1984.
Provision of Late Night Refreshment
If your business intends to sell hot food or drink, after 11.00pm, then you will require a Licence under the Licensing Act 2003.
Health & Safety at Work Act 1974
You will have a duty as an employer to assess the risk presented by your business activities to staff, customers and anyone else who is affected by your business. If you employ 5 or more people then you must have a written Health and Safety policy and risk assessment. Advice is available from the Health and Safety Section by e-mail at commercial@fylde.gov.uk
Environmental Protection Act 1990
You must ensure that your business does not cause a Statutory Nuisance to others. A Statutory Nuisance can occur through a number of factors e.g. smoke, fumes, noise, dust etc.. More information can be obtained from the Pollution Team by e-mail at environmentalprotection@fylde.gov.uk
Environmental Protection Act 1990 (Duty of Care)
You must make adequate arrangements for the safe storage and disposal of your waste so as to prevent a nuisance. Disposal of your waste should be carried out by a registered waste contractor or by yourself at an approved site. Business waste should not be disposed of with domestic refuse.
Details of Fylde Borough Council’s Trade Waste Collection Service can be obtained by email at tradewaste@fylde.gov.uk
Liquor Licence
If it is your intention to sell or supply alcoholic beverages or provide public entertainment/facilities such as music and dancing, then it is likely that you will require a licence from this Authority. Further details can be obtained from the licensing pages on this website or by contacting the Licensing Section by email at licensing@fylde.gov.uk
Street Trader
Under the Local Government (Miscellaneous Provisions) Act 1982 it is necessary for anyone who wishes to street trade within the Borough of Fylde to possess a valid Street Trading Licence. Street traders selling food will be subject to inspection and will be awarded a food hygiene rating
Useful information
The Health and Safety Executive website can be found here.
Download our handy New Business Starter Sheet by clicking here.
