Launching a fast-food or Quick Service Restaurant (QSR) is an exciting venture. Whether you’re gourmet burgers, artisan kebabs, traditional pizza or pan-Asia fusion, there is a maze of legal requirements that can make even the most seasoned operators stumble. Get these wrong and your grand opening could be a costly headache faster than you can say “do you want fries with that”.
But do not worry, from restaurant licenses and planning permissions to food hygiene and insurance, we cover everything you need to know about launching before flipping that first patty. These are not just boxes to tick, but the foundations that keep you compliant, protected and profitable.
1. Nail Your Planning Permission
Picture the scene. You have found the perfect high street spot with the right amount of footfall. The price is right, it’s available on just the right terms, but this former bookstore has different planning permission to what you need (most likely sui generis). With local planners taking a hard line on offenders, making sure you have the right planning permission in place is vital.
Engage a planning consultant early; especially before signing any lease. Your consultant will confirm the current permissions and the history of the premises along with the local policy and advise you if what you want to do is possible.
It is not uncommon for there to be restrictions on the hours of use in the conditions which might be prohibitive to what you want to achieve. Your consultant will be able to advise you on the likelihood of changing any restrictions before you get too deeply committed to a location.
2. Licences for a quick service restaurant
Once you’ve got your planning permission squared away, it is important to consider if you need any other legal permissions to trade your business. A key aspect to that will be whether you plan to sell alcohol, provide regulated entertainment or sell hot food and drink between 23:00 and 05:00 the following day. Want to do any of these things, and you will need a premises licence.
What licences do I need for a quick service restaurant?
Premise Licence
There are multiple considerations when it comes to licensing and securing timely advice is always going to be advantageous. Whilst it is usually the case that securing a premises licence for food-led businesses is usually more straightforward than other types of premises, local considerations such as licensing policies or Cumulative Impact Zones (CIZ) can add a layer of complexity which can be difficult to navigate. Add to that concerned local groups and there can be a lot to juggle.
Alcohol Personal Licence
If you are planning on selling alcohol, you will need an alcohol personal licence holder to be your Designated Premises Supervisor (DPS). They are the person with day-to-day responsibilities for supervising licensable activities at the premises. It can take several months to obtain a personal licence so it is worthwhile checking that your newly hired GM has one well in advance of opening night.
The licensable activity which is going to be relevant for most fast-food restaurants is late night refreshment. This is the selling of hot food and hot drinks between 23:00 and 05:00. Many operators get caught out by thinking that they can operate their kitchens during these hours without a licence and rely on delivery services. Whether your customer is coming to your premises at 23:45, or whether it is delivered to them, it will require a licence. More and more councils are now adding special conditions to licences to deal with nuisance issues perceived to be created by delivery drivers and you may require assistance handling such requests.
Temporary Event Notices
You may also need to consider what permissions you may need to host any entertainment at the premises. With many types of entertainment falling under one of the various exemptions, many operators can have the occasional live band or DJ without any issue, but it’s important that you will be able to operate as intended. Failing that, you may have to rely on temporary permissions (Temporary Event Notices) which offer limited ad hoc authority for licensable activities.
How long will it take to get a premise licence?
At the very best, getting a premises licence will take 4 weeks; this is the minimum period during which representations can be made.
If any representations are made, the council has to hold a hearing which may take several weeks to organise and hold. Getting your licence secured may be the difference between whether you open the site or not. You may want to consider making your lease conditional on securing the licence you need. We have many years of experience helping many different businesses obtain a premise licence efficiently, get in touch.
3. Register your food business – the 28-day countdown
This one is deceptively simple but non-negotiable. Every food business in the UK, whether the latest in a multi-national chain or a one of a kind, needs to be registered with the local authority at least 28 days before it trades.
Some authorities raise this when you apply for your premises licence, but many do not. And forgetting to do this may mean you have to delay your opening even if you have secured everything else.
Registration is free and straightforward and covers the location where you handle, prepare, store or sell food. Registration alerts the authorities to you trading as a food business and will lead to your first inspection and the all-revealing food hygiene rating which no doubt you will want to proudly display on your door. Which leads us nicely on to the next tip.
4. Master Food Hygiene
Food safety is no laughing matter. Your customers will pay attention to your food hygiene rating and vote with their feet if you are found to be lacking in the hygiene department. And whilst this will hit you in the wallet, failing to comply may very well hit you elsewhere as you could find yourself in the dock facing criminal charges with the potential for unlimited fines in some cases.
Consider if you need any expert advice in setting up your kitchen and your procedures.
- Do you understand the latest issues around allergens?
- Do your staff have access to the right training and equipment?
- Do you have the correct policies in place to ensure that you have nothing to fear when inspections take place.
- Are pests a consideration?
- Do you have the right contractors on hand to assist you when you need them?
More and more operators find themselves on the receiving end of legal proceedings for failing to take the appropriate measures when it comes to food safety and with fines easily in the tens of thousands being imposed for first time offenders, it is not a chance that is worth taking.
5. Don’t forget employment, insurance and the essentials
You have your nice shiny kitchen. The custom tablecloths are set. The menus are the right shade of ivory and you are ready for business. But are you? There are still plenty of other considerations.
Employment law is a huge part of hospitality; whether it’s contacts, minimum wage compliance, working time regulations or right to work checks, compliance is essential to your survival.
Insurance is non-negotiable. Employers’ liability is legally required (with a minimum cover of £5m), as well as public liability for slips and trips. Add to that property, stock and business interruption cover for full protection. Tax basics include VAT registration, PAYE for staff and business rates.
With such important considerations, and the risk of mistakes being costly both in financial terms and potential criminal liability, it is important to secure solid advice at each stage.
How Poppleston Allen Can Help!
At Poppleston Allen, we have a team of expert solicitors that can help you obtain all the relevant licenses to ensure your new food venue stays compliant and can open and stay open. To speak to us, contact us or fill out the form below.
