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Toilet ruling could hit takeaways hard


Following a controversial High Court judgment which could lead to tens of thousands of small takeaways being forced to provide public toilets, the Federation of Small Businesses (FSB) is urging local councils to take a common sense approach to their guidance to small business owners.

“It’s not reasonable to expect your local chippy to build customer toilets when almost all their customers will be eating their food elsewhere. All we’re asking for here is a bit of common sense,"said Mike Cherry, FSB National Chairman.

“While it’s true that many public loos are disappearing from our highstreets and town centres, it could put an added burden on small businesses if they have to comply with the ruling and provide toilet facilities. There are already many really good voluntary schemes in place, showing where toilet facilities are available, which local shops can sign up to support. I would encourage small businesses to support them if they can. “If local councils are concerned about a lack of public loos, they should provide them – not small businesses on tight margins.”

In 2015 the Better Regulation Delivery Office approved guidance to councils which said that takeaways with fewer than 10 seats would not be required to provide customer toilet facilities. This differs from restaurants and cafes where, as food is mainly consumed on the premises, toilets must now be provided. On Tuesday 17 May, the High Court ruled in favour of a challenge to this guidance made by Hull City Council. FSB is concerned that the ruling opens the door to thousands of small businesses being forced to refurbish their premises in order to comply with heavy handed local regulation, either to build or fit-out new toilet facilities, or remove their seating areas.

A BIS spokesperson said: “We have lodged an appeal against the judgement of the court. Primary Authority continues to give businesses the confidence to invest, grow and create jobs for people, by providing them with assured regulatory advice.”


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