Starting a new food business
On the 22 February 2021 the Government announced the roadmap out of the national lockdown. The ‘COVID-19 Response - Spring 2021’, setting out the roadmap out of the current lockdown for England document that can be found here: Gov.Uk.
The plan is made up of four parts, with the first part dealing with the reopening of schools and colleges, which began on 8 March 2021.
The next stage of the roadmap began on 29 March 2021 with outdoor sports facilities such as tennis and basketball courts, and open-air swimming pools, being allowed to reopen, and people are able to take part in formally organised outdoor sports.
The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (SI 2021. No. 364) have been laid. These regulations came into force on 29 March 2021 and replace the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020.
The ‘Steps Regulations’ detail the restrictions that will be in place through the various stages of the roadmap. They also amend several other Regulations, including:
The Health Protection (Coronavirus, Restrictions) (Obligations of Undertakings) (England) Regulations 2020
The Health Protection (Coronavirus, Collection of Contact Details etc and Related Requirements) Regulations 2020
The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020
The Health Protection (Coronavirus, Restrictions) (Local Authority Enforcement Powers and Amendment) (England) Regulations 2020
These Regulations require certain undertakings in the hospitality industry, to take measures to ensure that their customers follow the rules on social distancing.
These regulations impose a number of obligations on relevant persons, in order to protect against the risks arising from coronavirus. The main obligations are as follows.
Regulation 5 provides who the regulations apply to, in particular to a relevant person (as defined in regulation 4) who occupies relevant premises (also as defined in regulation 4). The regulation makes clear that where relevant premises are hired or used by more than one relevant person on a temporary basis, any obligations under the regulations will apply to that person for the time during which they hire or use the premises.
Regulation 6 provides that relevant persons must display and make available a QR code at relevant premises they occupy or operate to enable certain individuals who seek to enter the premises (in the circumstances in regulation 9) to scan that QR code.
Regulation 7 provides the requirement to request certain details (as set out in regulation 10), where an individual seeks to enter relevant premises (in a case set out in regulation 9), unless that individual is under 16 or has a mental or physical disability that means they are unable to provide the details.
The NHS have advised that on the 24 September 2020 a new app for mass use will be released.
The app will be a critical enhancement of NHS Test and Trace in England, and the Test, Trace and Protect service in Wales. It will allow the NHS to know quicker if we’re at risk of the virus, so we can take action, fast, to protect our communities and the ones we love. The app will provide users with local risk information, alert them if they have been in close contact with someone who has tested positive and very importantly has a built-in QR scanner to check-in at venues.
So we need businesses and venues across England and Wales who will require QR code posters to use the time between now and that launch date to get prepared. To see the Guidance (pdf 1.5 Mb) and Poster Guidance (pdf 1.5 Mb).
The Health Protection (Coronavirus, Wearing of Face Coverings in a Relevant Place) (England) Regulations 2020 (SI 2020 No. 791). The Regulations require members of the public to wear face coverings whilst inside a relevant place specified in the Regulations, except in certain limited cases, from Friday 24 July.
Any issues on the enforcement implications and report any concerns please send through to firstname.lastname@example.org
The following information is designed to help you understand your legal responsibilities and help you get your food business off to a good start.
All food businesses in Newcastle upon Tyne are legally required to register the business with this authority 28 days before starting. There is no fee for registration it simply involves completing a form.
Register Food Business Form (pdf 238 kb)
The Food Standard's Agency website is a good starting place if you are unsure on which legal requirements you will be required to comply with. Telephone FSA: 0330 3327149
Businesses that handle foods of animal origin and supply them to another business may require approval (this would not normally include retailers or caterers). If you are unsure whether your business requires approval, please contact the Food Safety service by phone (0191) 2116102 or Email: email@example.com
Approval of a Food Business Establishment Form (pdf 198 kb)
The use of any premises (including your home) for food business purposes may be construed as a change of use. Before making any changes or commencing operations, you are advised to ensure that you have the correct planning permission to do so.
Will tacit consent apply?
No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact it using the contact details below.
Food Safety service, Directorate of Operations and Regulatory Services, Civic Centre, Newcastle upon Tyne, NE1 8QH. Phone: (0191) 2116102. Email: firstname.lastname@example.org