Denbighshire County Council - Starting a food business

Starting a food business

Registering your business

Article 31(1)(a) of Regulation EC 882/2004 requires food businesses to be registered.

Who needs to register?

If you run a food business establishment you must tell (or arrange for someone else to tell) the local authority about any premises you use for storing, selling, distributing or preparing food. Food premises includes restaurants, hotels, cafes, shops, supermarkets, staff canteens, kitchens in offices, warehouses, guest houses, food brokers, delivery vehicles, buffet cars on trains, market and other stalls, hot dog and ice cream vans etc.
If you use vehicles for your food business in connection with permanent premises such as a shop, or warehouse you only need to tell the local authority how many vehicles you have. You do not need to register each vehicle separately. If you have one or more vehicles but no permanent premises, you must tell the authority where they are normally kept.
The majority of premises will have to be registered. However, certain premises are exempt from registration e.g. some which are already registered for food law purposes, certain agricultural premises, motor cars, tents and marquees (but not stalls), You should contact your local authority if you think you might be exempt.
Food businesses that are not wholly retail may also need to be approved under Regulation (EC) Number 853/2004. Full details are available on our Approved Premise Page

When do I need to register?

You should register your food business establishment at least 28 days before food operations commence.

How do I register?

You will need to complete a food registration form and send the completed form to:
Food Safety
Planning, Regeneration and Regulatory Services

Denbighshire County Council
Russell House

Rhyl
LL18 3DP

How much does registration cost?

There is no charge for registration and the council cannot refuse to register premises.

What happens to the information given on the form?

Denbighshire is required to maintain a list of food business establishments registered with them and make it available for inspection by the general public at all reasonable times. The list will contain the name, address and type of food business.
Requests for information on food business establishments which is not included in the list will be handled with due regard to Freedom of Information and Data Protection legislation.

Can I have a Certificate of Registration?

Denbighshire County Council does not issue Certificates of Registration because of their potential to mislead consumers into believing that a food business has 'official approval'.
However, if requested, we will confirm safe receipt of the registration form and the entry of your establishment onto the list of registered food business establishments.

What if I change my activities or sell the food business?

You must ensure that we always have up-to-date information about your food business establishment and must notify us, preferably in writing and within 28 days, of any significant changes of activities, or closure. Notification of a change of operator should be made by the new food business operator.

What happens if I have two or more food businesses on the same site?

You must ensure that each establishment under your control is registered separately. You should therefore complete a registration form for each separate establishment.

What if I share my site with one or more food business establishments under the control of different food business operators?

Each of those operators must register their businesses separately. For example, an independently owned coffee shop within a supermarket will not be covered by the supermarket's registration and must be registered in its own right by its operator. Coffee shops, snack bars, etc operated by the supermarket itself would be covered as part of the supermarket's registration.

The only food on my premises comes from vending machines. Do I need to register?

Vending machines are subject to the relevant provisions of food hygiene legislation but registration is not required if the only food-related activity on your premises relates solely to these machines.

I operate a market stall. Do I need to register?

If you use a vehicle and/or stall (regardless of whether the stall is provided by the controller of the market) for transporting or preparing food or for the sale of food to consumers within the area of a market, you should register the place where your stocks of food to be sold are ordinarily kept. This could be your home address, a warehouse etc.
If the controller of the market is also the provider of permanent units (and not simply stalls) within a market, you should register that unit as your food business.

What about registering mobile food vendors?

Moveable establishments, other than those which form part of a market or operate within the area of a market, e.g. ice cream vans, hot dog vendors etc. should be registered by the food business operator with the Food Authority in the area in which they are ordinarily kept. Therefore, if you normally keep your van at home which the County, you should register the food business establishment with Denbighshire County Council.

Identifying and controlling food hazard

As the proprietor of a food business, you must:-

make sure food is supplied or sold in a hygienic way;
identify food safety hazards;
know which steps in your activities are critical for food safety;
ensure safety controls are in place, maintained and reviewed.

The majority of food businesses will require to have a documented food safety management system in place. For catering businesses the 'Safer Food Better Business' pack, published by the Food Standards Agency, which is available in a number of languages, may be ideal. Further information can be obtained by clicking on the link Food Safety Management System.

Basic requirements for food businesses

Food premises should:
be clean and maintained in good repair;
be designed and constructed to permit good hygiene practices;
have an adequate supply of potable (drinking) water;
have suitable controls in place to protect against pests;
have adequate natural and/or artificial lighting;
have sufficient natural and/or mechanical ventilation;
provide clean lavatories which do not lead directly into food rooms;
have adequate hand washing facilities;
be provided with adequate drainage.

Rooms where food is prepared, treated or processed should generally have surface finishes which are easy to clean, and where necessary, disinfect. This would, for instance, apply to wall, floor and equipment finishes. The rooms should also have:

adequate facilities for washing food and equipment;
adequate facilities for the storage and removal of food waste.

Of course, many of the regulations are basic minimum hygiene standards which apply to every food business. But how they are applied still depends on the situation. For example, every food premises must be kept clean. But how they are cleaned, and how often, will be different for a manufacturer of ready-to-eat meals or for a bakery selling bread.

Supplies of raw materials

Do not buy or supply any raw materials if you think that even after sorting or processing they could make food unfit for human consumption. Any material which you suspect or know to be infected or contaminated with parasites or foreign substances to this extent should be rejected.

Quality of water in food

There must be an adequate supply of potable (drinking) water, to be used whenever necessary to ensure food is not contaminated. In the vast majority of cases, this is supplied via the public water supply. But if there is any doubt about the quality of a water supply, you should seek advice from Denbighshire's Environmental Health Services.

Personal hygiene for food handlers

Anyone who works in a food handling area must maintain a high degree of personal cleanliness. And the way in which they work must also be clean and hygienic. Food handlers must wear clean and, where appropriate, protective over-clothes. Anyone whose work involves handling food should:

observe good personal hygiene;
routinely wash their hands when handling food;
never smoke in food handling areas;
report any illness (like infected wounds, skin infections, diarrhoea or vomiting) to their manager or supervisor immediately.

If any employee reports that they are suffering from any such illness, the business may have to exclude them from food handling areas. Such action should be taken urgently. If you have any doubt about the need to exclude, you should seek urgent medical advice or consult Denbighshires's Environmental Health Services.

Preventing food contamination

Food handlers must protect food and ingredients against contamination which is likely to render them unfit for human consumption or a health hazard. For example, uncooked poultry should not contaminate ready-to-eat foods, either through direct contact or through work surfaces or equipment.

Training and supervising food handlers

Food handlers must receive adequate supervision, instruction and/or training in food hygiene. Each food business must decide what training or supervision their food handlers need by identifying the areas of their work most likely to affect food hygiene. Useful guidance may be found in relevant Industry Guides to Good Hygiene Practice.

Temporary and occasional food businesses

Many of the guidelines apply equally to food businesses trading from temporary or occasional locations like marquees or stalls. But because not all of them will be practical, there are also some slightly different requirements.
However, wherever food is sold, two basic rules always apply:

there should be adequate facilities to prepare and serve food safely; and
food handling procedures should avoid exposing food to risk of any contamination.

Industry guides to good hygiene practice

The voluntary industry guides to good hygiene practice are currently being updated to take into account the changes to legislation.
Although these guides are not legally binding like the regulations, they help you assess how well you are following the regulations and provide invaluable advice on food safety. Importantly, enforcement officers will refer to them when examining how businesses are operating.

Further Information

New business checklist

Have you registered your business with us?
Does the design, layout and construction of your premises meet the legal requirements?
Do you and your staff understand the principles of good food hygiene?
Have you and your staff had food hygiene training?
Have you considered what food safety problems there could be at each stage of your business?
Have you put the necessary food safety procedures in place and are you making regular checks to make sure they are working?
Do you have a pest control contract?
Do you have a refuse collection service?
Have you considered Health and Safety and Fire Regulations?
Have you registered as self-employed?
Do you need to register for VAT?
Do you describe food and drink accurately?
Do you need to apply for a licence to sell alcohol?

Health and Safety

New and existing businesses have to comply with the Health and Safety at Work etc Act 1974 and health and safety regulations. The Act imposes duties on employers, the self employed and employees to ensure the health and safety of workers and to protect the public from workplace dangers.

Accident statistics show that the main risk areas for the catering and hospitality industry are slips and trips, manual handling accidents and work related contact dermatitis. In the retail sector the main risk areas are slips and trips, manual handling and falls from height. In food manufacturing the main risk areas are manual handing/musculo-skeletal injuries, slips and trips, falls from height, workplace transport (including lift trucks), being struck by something (eg sharp knives or falling objects) and machinery accidents.

More information on health and safety is available from Denbighshire's Health & Safety Team or the Health and Safety Executive (www.hse.gov.uk) or 0845 345 0055. For small and medium sized businesses (5-250 employees) in Wales free and confidential advice is also available from Workboost Wales at www.workboostwales.com or by telephoning 0845 609 6006.

Planning permission.

If you are starting a new food business in premises which has not been used previously for this, you may need to obtain planning permission. The same applies if you wish to open a restaurant or a take-away in a premises which was previously just a retail outlet. Please check with the Planning Department on 01824 706727

Statutory nuisance
It is necessary to ensure that your premises are not the cause of a statutory nuisance to neighbouring premises. This covers matters such as smoke, fumes, gases, dust, steam, noise, and accumulations or deposits that are prejudicial to health or a nuisance. Certain planning conditions may apply to control these problems.

Storage and disposal of waste.

Adequate arrangements must be made for storage and disposal of waste. This will include ensuring that you have sufficient bins and regular collections by a registered waste carrier.

Liquor licensing

The Licensing Act 2003 became law on 24 November 2005 and this saw the responsibility for the issue of licences for the sale or supply of alcohol pass from the local magistrates court to the council (the licensing authority).

A Premises License, or a Club Premises Certificate, or in certain circumstances a Temporary Events Notice will be necessary to carry out what is known as 'Licensable Activities' in a premises. These activities are described by the new licensing act as being:

any sale of alcohol by retail
the supply of alcohol in a members club
regulated entertainment, such as films, plays, indoor sports, boxing or wrestling, live or recorded music or dancing
late night refreshment (hot food or hot drink between 11p.m and 5a.m the next day).

For further information contact the Licensing team:

Russell House

Churton Road

Rhyl

LL18 3DP

01824 706405