A rising number of budding bakers looking to prove themselves with their own small enterprise has prompted a Devon council to review its policies.
Because such so-called ‘whisk takers’ aren’t operating from a business premises and usually sell their goods from their own properties from simple sheds, there has been debate about what licences or permissions they need to apply for.
The discussion even occupied an Institute of Licensing webinar last month, delving into how local councils need to secure street trading licences or consents.
East Devon District Council said it had seen a growing number of enquiries from people seeking to run bake sheds from their properties, thus prompting the question of how such an activity fits within its street trading policies.
At a recent licensing meeting, its chair Councillor Joe Whibley (Independent, Exmouth Town) said: “I do think the ‘whisk takers’ need to know where they stand.
“No ‘bun’ intended.”
Phillippa Norsworthy, a licensing manager at the council, said bake sheds were treated in line with its current street trading policy.
“This means the majority of bake sheds fall into the category of requiring street trading consent and we are dealing with them on this basis,” she said.
“This means that a street trading consent application must be made and it is treated to the same application criteria as all street trading consents. However, we are currently reviewing our street trading policy.”
Ms Norsworthy said no updates had yet been made to this policy, and therefore, there was no further clarity on bake sheds and whether the rules around them might change.
“All street trading applications are subject to an initial application fee of £45.00 and an annual consent renewal fee of £45.00,” she added, outlining the current situation.
Mikaela Bartlett runs The Treat Shed in Kingsteignton, something she started after trying to find a creative outlet during her maternity leave with her second child having previously worked in corporate jobs.
While Kingsteignton isn’t in East Devon, the keen baker has had to navigate the permissions of her local council.
“The Treat Shed officially opened its doors at the end of April, so it’s a relatively new venture,” she said.
“I have a 5 very good food hygiene rating, my kitchen has been inspected – everyone who opens a food business is required to register with the council and have your kitchen inspected as we’re selling to the public.
“I also have public liability insurance, business insurance and have done food hygiene and allergen awareness courses.”
Ms Bartlett added that when she spoke to Teignbridge District Council, her local authority, they stated that a street trading licence was not required in her area.
The Institute of Licensing webinar, which an officer from East Devon attended, suggested all councils must have regard to the legislation around street trading – the Local Government (Miscellaneous Provisions) Act 1982, their own street trading policies and their own guidance when considering street trading consents for bake sheds.
However, all local councils “vary greatly” when it comes to dealing with street trading applications, Ms Norsworthy added.
She also said bake sheds in East Devon need to be registered with the environmental health team, and that when submitting a street trading consent, this needed to include a map of the site, a photograph of the trading unit, a copy of an insurance certificate, evidence of a food hygiene rating, as well as other formal identity documentation.
The planning department is included in consultations about street trading applications, and so would contact the applicant if there were any planning issues.
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