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Opening a takeaway: registration, hygiene, licences ​

Before the first order goes out, three things decide whether you can trade smoothly: registering with your council as a food business, getting ready for the hygiene inspection that gives you your rating, and, if you will serve hot food late, a late night refreshment licence. None of them is difficult, but each has a deadline or a rule that catches new owners out. This guide covers England and Wales. Northern Ireland registers food businesses the same way and uses the same hygiene rating scheme, but has its own licensing law. Scotland has its own rules for all three: start with Food Standards Scotland and your council.

Register as a food business ​

If you sell, cook, store, handle, prepare or distribute food, you need to register with your local authority.

  • When: at least 28 days before you start trading. The Food Standards Agency recommends not registering much earlier than that.
  • Cost: registration is free, and it cannot be refused.
  • Who: every type of food business, including one run from home, a van, a stall or temporary premises, or one that sells only online. Taking over an existing business counts as starting one: you register too.
  • Where: each site is registered separately, with the council it is in.
  • Already trading without registering? Register as soon as possible. It is a legal requirement.

You register online through the Food Standards Agency’s registration service, which passes your details to your council.

Get ready for the hygiene inspection ​

Once you are registered, your council’s food safety officer will inspect you. Before that, the FSA says every food business must have:

  • Food safety management procedures based on HACCP (hazard analysis and critical control points). The FSA’s free Safer Food, Better Business pack is one way to do it.
  • Trained staff. A food hygiene certificate is not compulsory, but you must be able to show that you and your staff are adequately trained in food hygiene.
  • Allergen information. You must be able to tell customers if any food contains one of the 14 allergens that food law requires you to declare. See our allergen guide, and our Natasha’s Law guide if you pack food before it is ordered.
  • Traceability records, so you know where your food came from.

If you have five or more employees, you also need a written health and safety policy.

Your food hygiene rating ​

The officer checks three things: how hygienically food is handled, the condition of the premises, and how you manage food safety. You get a rating from 0 to 5:

  • 5: very good
  • 4: good
  • 3: generally satisfactory
  • 2: some improvement necessary
  • 1: major improvement necessary
  • 0: urgent improvement necessary

You are told the rating in writing, at the inspection or within 14 days. A 5 is published on the food hygiene ratings website as soon as the council uploads it. A rating from 0 to 4 is published three to five weeks after the inspection, to leave time for an appeal. After that, how often you are inspected depends on the risk: from every six months for the highest-risk businesses to every two years for lower-risk ones.

Displaying it. In England, showing the sticker is voluntary. In Wales and Northern Ireland, you must display it at or near each customer entrance. In Wales, a takeaway menu or leaflet that lets people order without visiting must also carry a bilingual statement pointing to the ratings website.

If you disagree with it, you have three options:

  • Appeal in writing within 21 days of being told the rating. Speak to the officer first, so you understand why it was given.
  • Right to reply: a written comment, published next to your rating, about what you have improved or anything unusual on the day. There is no deadline.
  • Re-rating inspection: once you have made the improvements the officer asked for, you can request a new inspection. In England some councils charge for it, and in Wales and Northern Ireland all of them do. The officer looks at everything again, so the rating can go up, down or stay the same.

The late night refreshment licence ​

Under the Licensing Act 2003, you need a licence to supply hot food or hot drink to the public between 11pm and 5am, whether it is eaten on the premises or taken away.

  • “Hot” means heated so it can be eaten above room temperature, or food you let customers heat on the premises after buying it, such as in a microwave.
  • The time that counts is when the food is handed over, not when it was paid for. A meal served at the table or a takeaway passed over the counter after 11pm needs the licence.
  • Cold food and cold drink only does not need it.
  • Exempt: hot food or drink given away free (with no charge for entry or for anything else to get it), supplied by a registered charity, hot drinks from a vending machine the customer operates, and food sold on a vehicle that is moving. A parked van selling hot food is not exempt.
  • Your council can exempt whole areas, types of premises or times of night. Check its licensing policy before you apply.

The licence is a premises licence, issued by your council as the licensing authority. You can apply online if your council accepts it, or on a paper form. The fee depends on the rateable value of the premises. The police and other authorities are told about the application. If nobody objects, the council must grant it; if someone does, there is a hearing. Anyone applying as an individual must have the right to work in the UK.

Selling alcohol as well? The same premises licence can cover both, but alcohol has extra requirements, including a personal licence holder as the designated premises supervisor. See our alcohol licence guide.

Also before you open ​

  • Staff: employers’ liability insurance, registering with HMRC as an employer, and a right to work check for every new starter before their first shift. See our hiring checklist and right to work guide.
  • Premises: your business rates bill depends on the rateable value and the reliefs you claim. See our business rates guide.
  • Fire and gas: a written fire risk assessment and gas appliances kept safe by Gas Safe registered engineers. See our fire and gas safety guide.
  • Customer data and CCTV: with a CCTV camera you must pay the ICO’s data protection fee. See our data protection guide.
  • Tables outside: in England, a pavement licence from your council. See our pavement licence guide.
  • Waste and grease: a registered waste carrier, a transfer note for each load, food waste kept separate in England, and no cooking oil down the drain. See our commercial waste guide.
  • Music: playing recorded music or the radio to customers usually needs TheMusicLicence from PPL PRS. See our music licence guide.
  • Pay and pensions: at least the minimum wage, with tips not counting towards it, and a workplace pension for eligible staff from your first employee. See our minimum wage and workplace pension guides.

A short checklist ​

  • Register with your council at least 28 days before you open, one registration per site.
  • Written food safety procedures, such as Safer Food, Better Business.
  • Food hygiene training for you and your staff.
  • Allergen information ready for every dish.
  • Know your rights on the hygiene rating: appeal within 21 days, right to reply, re-rating.
  • Hot food or drink between 11pm and 5am: a premises licence, unless you fall under an exemption or your council has exempted you.

How this works in Yumee POS ​

Yumee installs the system and loads your menu for you from a photo or PDF, so it can be ready before your opening day. Allergies are flagged on the order so they reach the kitchen in writing, and VAT is split by rate from your first sale. See our guide to VAT on takeaway food.

Sources ​

This guide is general information, not legal advice. For your own premises, ask your council’s food safety and licensing teams.