Food establishments

When you start a new food business, or take over an existing business, you must register the business at least 28 days before you start trading.

Registration is free and cannot be refused. If you are already trading and have not yet registered, you need to register as soon as possible as this is a legal requirement.

Below are examples of types of operations that require registration. This list is not exhaustive:

• restaurants, cafes and takeaways
• retail shops selling food
• making food and selling from your home
• catering businesses run from home, mobile catering including marquees, food stalls, food pop-ups and food vans
• nurseries, schools and care homes
• distance selling, mail order and food delivery, including food supplied online or through social media channels or marketplaces
• fishing vessels

Once you have registered, you must make sure the information is kept up to date. You should tell us if you:

• decide not to start trading
• make significant changes to your operating model, such as selling food online or from a mobile unit, or diversifying your business
• plan to close your food business

If you are unsure whether you need to register or to inform us of any changes, please contact us.

Further information and guidance about starting a food business is available from the Food Standards Agency (FSA) (opens new window).

Find out if you need to become an approved food premises and how to apply.

Businesses required by law to be an approved food premises

If your business makes, prepares or handles food of animal origin such as meat, fish or dairy, and supplies it to other businesses and not directly to the public, you may need to apply to us to become an approved food premises.

The types of premises that by law have to be approved include:

• meat processing or preparation plants
• minced meat processing operations or mechanically separated meat processing plants
• cold stores
• manufacturers of meat, dairy, egg or fish products

This is different to our normal food registration requirements.

Applying for approval

Please contact the Commercial Team regarding your food business if you think you may require approval.

Food businesses which require food hygiene advice can request an advice visit. There is a charge of £158 per advice visit, up to 2 hours.

We can provide advice on:

• your food business premises and facilities
• good food hygiene practices
• documented food safety management systems
• handling and managing food allergens

 You can request an advice visit at any time, by writing to us at health@great-yarmouth.gov.uk. You will need to tell us what you would like advice about.

• advice visits are available Monday to Friday, 9am to 4pm (subject to availability)
• we will contact you to arrange a convenient time for the visit
• payment must be made in advance of the visit, payable by credit or debit card - information on how you can pay will be sent to you
• there is no limit on the number of advice visits that can be requested

Food business operators must ensure that food handlers receive appropriate supervision and training in food hygiene.

The law does not require food handlers to hold a food hygiene certificate to prepare or sell food, however it is recommended. Skills can also be gained through self study, on-the-job training and through relevant prior experience.

The following food safety training courses are available from online or face-to-face providers:  

• Foundation certificate (Level 2) - suitable for food handlers preparing or cooking food  
• Intermediate certificate (Level 3) - suitable for supervisors and managers in food establishments

The Food Standards Agency offers the following free online training:

• Food allergy and intolerance training(opens new window)
• Food labelling e-learning course(opens new window)

The Food Hygiene Rating Scheme (FHRS) helps consumers choose where to eat out or shop for food by giving them clear information about a food business' hygiene standards. We deliver the scheme in partnership with the Food Standards Agency.

The hygiene standards found at the time of inspection are rated on a scale from '5 - very good' to '0 - urgent improvement is necessary'. To get the top rating, a business must do well in each of the following three elements:

• food hygiene and safety procedures
• structural requirements
• confidence in management and control procedures

All businesses should be able to achieve the top rating of 5. Following a food hygiene inspection the rating is published on the Food hygiene ratings website

To ensure that the scheme is fair to businesses, a business can:

• appeal a food hygiene rating
• have a right to reply to tell customers about improvements or unusual circumstances  
• request a re-rating inspection

Food businesses are required to put in place, implement and maintain food safety procedures based on the principles of Hazard Analysis and Critical Control Points (HACCP).

The Food Standards Agency have produced the Safer food, Better Business (SFBB) pack to help businesses comply with the law. It is designed to be practical and easy to use, and can be adapted to suit your business.

Safer food, Better Business (SFBB) packs available for download include:

• caterers (such as restaurants, cafes and takeaways)
• retailers
• Indian cuisine
• Chinese cuisine
• childminders
• residential care homes

Using SFBB will help demonstrate compliance with food hygiene law and it can help you get a better food hygiene rating, if:

• the pack is available at the premises when the business is open
• the 'safe methods' in the pack are completed for all your food operations, before you start food operations
• the pack is reviewed regularly and updated if your food operations change
• you fill in the diary every day and write down anything different that happens, including anything that goes wrong
• food handlers have been given training in your 'safe methods'
• the safe methods are being followed

Food businesses which did not receive a food hygiene rating of '5 - very good' can request a re-rating inspection to get a new rating.

You can request a re-rating inspection only if you have accepted the rating and once you have made all the necessary hygiene improvements identified at the last inspection: 

• a re-rating inspection can be requested at any time. There is a charge of £211 per re-rating inspection, payable by credit or debit card
• you will need to tell us about the improvements you have made or upload supporting evidence such as photos - if you do not provide this information we may decline your application and refund your payment

• we will carry out the unannounced re-rating inspection within three months of your application and payment
• you will given a new food hygiene rating based on the level of compliance found at the time of the re-rating inspection. Your rating could go up, down or remain the same
• there is no limit on the number of re-rating inspection applications which can be made

Please do not apply for a re-rating inspection until you have made all of the necessary improvements.

If you provide any seating for people to eat and drink at your premises, you must provide public toilets and hand washing facilities for those people to use.

Great Yarmouth Borough Council has adopted a Code for the Provision of Customer Toilets in Eating and Drinking Establishments. 

The code covers any premises or establishments used in the sale of food or drink to members of the public for consumption at the place of sale, such as cafes, restaurants, licensed pubs, bars, and clubs.

1. Introduction

This code has been produced to ensure that adequate toilet provisions are provided within eating and drinking establishments within the Borough of Great Yarmouth. This code supersedes the Great Yarmouth Borough Council Code of Practice: Provisions of Customer Toilets at Cafes and Restaurants. (Approved October 2007) 

In producing the Code, consideration has been given to the standards laid down in the 2007 Code of Practice and BS 6465-1:2006: Sanitary Installations - Part 1: Code of Practice for the Design of Sanitary Facilities and Scales of Provision of Sanitary and Associated Appliances. 

2. What type of premises does the code cover?

The code covers any premises or establishment used for the sale of food or drink to members of the public for consumption at the place. This includes but is not limited to - cafes, restaurants, licensed pubs, bars, and clubs. 

3. Where does the code not apply? 

The code does not apply to establishments used for the sale of food and drink which is all consumed off the premises. The code shall also not apply where a maximum of 10 seats are provided within an establishment for the consumption of food or drink at the premises but where the primary use of the establishment is for takeaway food and drink. 

4. When does the code apply? 

This code must be applied in the following situations: 

• new buildings intended to be used as an establishment defined in section 2
• where significant refurbishments are being carried out in any establishment defined in section 2
• change of use of a premises to a use defined in section 2

Outside of these situations the guidance shall be applied where authorised officers of this Council identify significant deficiencies in toilet provisions in premises defined in section 2. In these circumstances they may require, by service of a statutory notice, the business operator/owner to provide adequate toilet provisions within a specified period from the date that the deficiencies are identified. 

Please Note: building regulations approval or planning permission may be required for changes to facilities or the provision of additional facilities. Nothing within the code removes the requirement for building regulations or planning permission.

5. Standard for provisions

5.1. Minimum provisions for establishments where seating is provided for food and drink for consumption at that place.

Where there are a maximum of 20 seats at the premises 1 toilet shall be provided for use by customers. Where no more than 20 seats and where a maximum of 5 staff are working at any one time (including proprietors), staff may use the toilet provided for customers.

Where there are 21 seats or more, minimum provisions for toilet facilities within establishments where food is served:

Toilets (WC)

Male customers: where urinals are provided: 2 for up to 150 males; plus 1 for every additional 250 males or part thereof. Where urinals are not provided: 2 for up to 50 males.
Female customers: 2 for up to 30 females; plus 1 for every additional 30 females up to 120, plus 1 for every additional 60 females or part thereof.

Hand basin

Male customers:1 per WC, plus 1 per 5 urinals or part thereof.
Female customers: 1 per WC.

Urinal

1 per 60 males or part thereof up to 120 males; plus 1 for every additional 100 males or part thereof.

5.2. Minimum provisions for licensed pubs, bars, nightclubs, and discotheques

Toilets (WC)

Male customers: 2 for up to 150 males; plus 1 for every additional 200 males or part thereof 2 for up to 40 males if urinals are not provided
Female customers: 2 for up to 25 females; plus 1 for every additional 25 females or part thereof up to 200 females; plus 1 for every additional 35 females or part thereof.

Hand basin

Male customers: 1 per WC, plus 1 per 5 urinals or part thereof.
Female customers: 1 per WC, plus 1 per 2 WCs or part thereof.

Urinal

1 for every 50 males up to 200 males; plus 1 for every additional 70 males or part thereof.

Please Note: to calculate the number of male or female customers, an assumption should be made that an establishment will receive a 50:50 ratio of male and female customers, i.e. for establishments with seating for up to 100 customers, requirements should be calculated based on 50 male customers and 50 female customers.

5.3. Requirements for employees

In addition to toilets provided for customers, toilets are also required for employees. Where 5 or more employees are likely to be in the workplace at any one time, these facilities must be separate to customer toilet facilities. For more information, please refer to Workplace (Heath, Safety & Welfare) Regulations 1992 or refer to the Health and Safety Executive website www.hse.gov.uk

6. Relaxation of the standards laid down in this code 

The Council recognises that there may be situations where it is impossible to meet the requirements of this code and to ensure that local economic growth is not hindered, there may be certain circumstances where the Council may agree to a relaxation of the standard laid down in the code. Such circumstances may include:

• specific restrictions imposed by Planning and Development Control
• physical restrictions that do not allow the required facilities to be accommodated
• where change of use is sought with no major refurbishment

Also having regard to the following criteria:

• number and type of customer seats provided
• proximity of other sanitary accommodation available to customers
• nature of food provided. 

Written agreement must be obtained from Environmental Services.

7. Enforcement of the code 

Toilet provisions within relevant premises will be checked during routine Food Hygiene or other inspections at the premises. Visits to specifically check the adequacy of toilet provision may also be made in the following situations:

• following a complaint
• planned initiative

The Local Government (Miscellaneous Provisions) Act 1976 provides powers to Local Authorities to require sanitary facilities to be made available in relevant places, as defined in section 2 of this code. 

Authorised officers of this Council will enforce the standards laid down in this code through the service of a statutory notice requiring the provision of adequate toilet provisions to meet those standards within a specified period. 

8. Limitations 

This code does not cover requirements under the Disability Discrimination Act 1995. For more information visit the Council's website.

Food businesses which have been assessed as being low risk may be included in our alternative enforcement strategy. Those businesses will alternate between a routine food hygiene inspection and another type of official control.

If your business has received a letter advising that you have been included in the alternative enforcement strategy, please complete the low risk food establishment questionnaire. You will need to enter your unique reference number which can be found on your letter.