The Food Safety (General Food Hygiene) (Butchers' Shops) (Amendment) (Wales) Regulations 2000

The Food Safety (General Food Hygiene) (Butchers? Shops) (Amendment) (Wales) Regulations 2000 (referred to in these notes as "the licensing Regulations") cover Wales only and came into force on 31 December 2000. They amend the Food Safety (General Food Hygiene) Regulations 1995 to require the annual licensing by food authorities of retail butchers? shops and other retail outlets in Wales which handle unwrapped raw meat, and sell raw meat and ready to eat foods from the same premises.

These guidance notes have been produced with the aim of providing informal, non-statutory guidance on the new legal requirements and should be read in conjunction with the licensing Regulations. They should not be taken as an authoritative statement or interpretation of the law, as only the courts have this power. Every effort has been made to ensure these guidance notes are as helpful as possible. Ultimately, it is the responsibility of individual businesses to decide, in consultation with their local authority, the most appropriate way forward for them. Any examples given are illustrative and not comprehensive.

These guidance notes are complementary to more specific guidance on compliance with the enhanced hygiene requirements in the licensing Regulations, which are provided in a supplement to the Retail Industry Guide to Good Hygiene Practice for the retail butchery sector.

Transitional Arrangements: 6 month lead-in period
Regulation 5 provides transitional arrangements for a lead-in period of six months from the date the licensing Regulations commence. From 30 June 2001 any butchers' shops, as defined, will need a licence to trade where they handle unwrapped raw meat and sell raw meat together with ready-to-eat foods. Food authorities may issue licences on or after 31 December 2000, although such licences are not required, and do not come into effect, until 30 June 2001. Authorities and business are advised to make use of the lead-in period to ensure early determination of licences.

Scope and relevant definitions
The Pennington Group identified cross-contamination from raw meat to ready-to-eat food through poor hygiene and handling practices in a butcher's shop as the main cause of the Central Scotland E.coli O157 outbreak. The Group recommended the selective licensing of premises handling open raw meat alongside cooked meats and other ready-to-eat foods subject to enhanced hygiene conditions being in place. Several of the definitions in paragraph 1 of Schedule 1A work together to establish the intended scope of the licensing scheme, and these are explained below.

Definition of Butcher's Shop
For the purposes of the licensing Regulations, a 'butcher's shop' is a retail food premises engaged in the handling of unwrapped raw meat and its subsequent sale, either wrapped or unwrapped, together with ready-to-eat foods. Such premises would typically include retail butchers' shops, mobile shops, market stalls and some on-farm shops. Certain mixed business premises selling a range of goods, such as supermarkets, with a butchery service outlet are also covered by the licensing Regulations (see paragraphs 17-20 below).

The term "retail" as used in these Guidance Notes means the handling and sale or supply of unwrapped raw meat and ready-to-eat food to the final consumer. Any premises engaged in such activities will need a licence. Butchers, such as catering butchers, selling or supplying unwrapped raw meat and ready-to-eat food to catering businesses will need a licence to cover those activities, as catering businesses come within the meaning of "final consumer" as interpreted under UK food hygiene legislation.

Delivery vehicles will not need a separate licence unless they are also a mobile shop, in which case a separate licence, and observance of the conditions, will be required. The hygiene measures taken by a licensed butcher?s shop to comply with the licensing conditions will need to include any delivery activities and operations.

Whilst the determining factor for a licence is the handling and sale of open raw meat and ready-to-eat foods, all food products sold from a licensed 'butcher's shop' are covered by the licensing conditions and would need to be addressed in the shop's food safety management arrangements and HACCP plan. This would include uncooked meat products and meat preparations, such as raw minced meat, sausages and burgers, although such products have not been included in the definition of 'raw meat'.

However, premises such as delicatessens and grocers, which may sell only these uncooked products and ready-to-eat foods will not require a licence. These types of premises are covered by other provisions in the Food Safety (General Food Hygiene) Regulations 1995 and are subject to the requirements in those Regulations to control the cross-contamination risks from any raw foods to cooked products. Paragraphs 21 and 22 below list other types of premises not covered by the licensing scheme.

Meat and Raw Meat
Taken together these two definitions encompass fresh meat, which is not ready to eat food, and include red meat, poultry, rabbit, and wild and farmed game meat within the meaning of the three product-specific hygiene regulations listed under the definition of 'meat' in Schedule 1A. Meat includes chilled and frozen meat.

Unwrapped
For the purposes of the licensing Regulations, unwrapped meat means meat that is open, i.e. without any wrapping surrounding or covering it, or not wholly enclosed in wrapping or packaging which would prevent the passage of micro-organisms. It is envisaged that cuts of raw meat placed in trays and securely wrapped in plastic or cling film would be regarded as wrapped.

Ready to eat food
Ready-to-eat food is defined as any food for consumption without further treatment or processing. This definition covers both open and pre-wrapped ready-to-eat products and is intended to apply whether the ready-to-eat food may be consumed hot or cold. The expression "further treatment or processing" is not intended to include food preparation activities such as light washing, slicing, chopping, portioning, marinating or preservation carried out by the consumer by way of preference to an otherwise ready-to-eat food item.

Examples of ready-to-eat food items may include:
sliced cooked meats, cooked meat products and preparations such as pies, sausage rolls and black pudding, cooked/roast chickens, sandwiches and filled rolls, dairy products such as milk and cheese, fruit, pre-washed/topped and tailed vegetables, prepared vegetable salads, whole salad items such as tomatoes or cucumbers, quiches, scotch eggs, savoury pies, open and tinned ready-to-eat fish and fish products such as salmon, tuna or sardines, preserves and jams, condiments, bread, confectionery and biscuits.

The definition of ready-to-eat food is not intended to include raw foods which should be cooked prior to consumption for food safety reasons, such as raw shell eggs, or foods such as potatoes which would normally need to be cooked before being eaten.

The inclusion of wrapped ready-to-eat foods in this definition recognises the importance of controlling and minimising any contamination of the outer wrapping of these foods within handling, storage and display arrangements.

Mixed business premises
Premises such as supermarkets, grocery and convenience stores that also engage in butchery activities will need a licence if they satisfy any one or more of the criteria listed in paragraphs 5(6)(a) to (c) of Schedule 1A. These types of premises are described in the licensing Regulations as 'mixed business premises' where the sale of meat is not the predominant activity ? i.e. where over half the floor space is given over to the storage, handling or display of goods other than meat.

Where one or more of the criteria in paragraph 19 below are satisfied the mixed business premises would be a butcher?s shop for the purpose of the licensing Regulations. However, the licensing conditions in paragraph 5(1) of Schedule 1A would only apply to those parts of a mixed business premises where these criteria were met and not to the shop?s other activities. A single licence only would be required to cover all parts of a mixed business premises to which the licensing conditions apply.

The criteria are:

Paragraph 5(6)(a) - "where both unwrapped raw meat and ready to eat food are stored, handled or displayed in the same part of the premises, that part". This would include arrangements where a mixed business premises is operating integrated raw meat and ready-to-eat food sections, such as a raw meat butchery counter and delicatessen within the same part of the premises.

Paragraph 5(6)(b) ? "where unwrapped raw meat is handled, stored or displayed in one part of the premises and ready to eat food is stored, handled or displayed in an adjoining part of the premises; each of those parts". It is anticipated that areas for unwrapped raw meat and ready-to-eat food which are directly linked or directly adjacent to each other would be regarded as adjoining within the meaning of this condition. Both areas would be subject to the licensing conditions under these circumstances. The term ?adjoining? is not intended to apply where unwrapped raw meat and ready-to-eat food areas are separated by a physical barrier such as a dividing wall or main thoroughfare or aisle, or where a sales area for non-food items is placed between them. Such separation would need to extend through to any directly accessible backroom food preparation and storage areas.

Paragraph 5(6)(c) ? "where the same food handler is working on the storage, handling or display of both unwrapped raw meat and ready to eat food, or the same equipment is in use in relation to such meat and food, each part in which such meat or food is stored, handled or displayed". A mixed business premises would require a licence if the same food handlers or equipment are in use for unwrapped raw meat and ready-to-eat food. An example of where this might occur is where a food handler moves between otherwise separate raw meat and ready-to-eat food areas during the course of their normal daily duties and handles products in both areas in the process. The licensing requirements would apply to both areas under these circumstances.

This condition is not intended to apply if a food handler is employed exclusively in a dedicated raw meat area during one period of a working day and in a dedicated ready-to-eat food area during another period of the day, provided the periods are separate. During the interval between these separate periods the food handler would be expected to take adequate hygiene precautions. Such precautions would include hand washing and changing of protective clothing.

It is anticipated that a mixed business premises would not need a licence to operate a separate and self-contained raw meat only area with dedicated staff, equipment, storage and preparation facilities, which was not adjoining a ready-to-eat food area.

Premises not covered by the licensing scheme
On the basis of the definitions explained in paragraphs 6-16 above, the licensing Regulations do not apply to the following types of premises, although it should be noted that other hygiene regulations will continue to apply to these premises:

1. retail food outlets handling and selling raw meat only;
2. retail food outlets which do not sell any raw meat, as defined. As explained in paragraph 10 above, premises selling only uncooked meat products and meat preparations together with ready-to-eat foods fall into this category, as do outlets operating hot rotisseries and cooking fresh meats for sale as ready-to-eat food, but not selling any raw meat alongside the ready to eat food. (Rotisseries are covered, however, where operated in a licensed butcher's shop);
3. outlets handling and selling pre-wrapped bought in raw meat together with ready-to-eat foods. The wrapping around the raw meat must remain intact throughout the time it is in the shop up to and including the point of sale to the consumer;
4. catering premises;
5. activities carried out in food premises that are Licensed or Approved by the product-specific food hygiene legislation listed in regulation 3(2) (including any relevant amendments) of the Food Safety (General Food Hygiene) Regulations 1995. Premises engaged in wholesale activities that have had those activities approved under product-specific regulations would also require a separate licence to cover any retail activities falling within the scope of the licensing Regulations.

It is anticipated that raw meat butchers who operate in indoor markets would not require a licence based solely on their shared use of communal rooms or areas provided by the operators for food preparation or the cleaning of equipment, with other businesses handling ready-to-eat foods. The conditions of the Food Safety (General Food Hygiene) Regulations 1995 would continue to apply to premises trading only in raw meat within an indoor market.

Authorities may wish to refer to part 6 of the Industry Guide to Good Hygiene Practice in Markets and Fairs which contains advice on the management of facilities and services provided by market operators for communal use.

Licence applications
The licensing Regulations do not specify the relationship between the applicant and the premises. However, in normal circumstances we would suggest that the applicant is someone who has a strong connection with the ownership or management of the business for which the licence is needed. This might, for example, be the owner, manager, or if the premises is part of a chain, the recognised corporate headquarters of the business. For ease of administration, food authorities should accept applications from the headquarters of a multiple retailer in respect of individual outlets operating in their areas. Enforcement authorities should discuss and agree appropriate arrangements with the applicant company and its home authority.

Licence applications must be submitted in writing to the appropriate food authority at least 28 days before the licence is required (see paragraph 3 of Schedule 1A). The appropriate food authority is the authority for the area in which the shop is situated or the food authority which has registered the shop under regulation 2 of the Food Premises (Registration) Regulations 1991. In the case of moveable premises, such as a mobile shop or market stall, the appropriate food authority is the authority for the area in which the shop is ordinarily kept.

Applications should give the address of the premises for which the licence is intended. In the case of movable premises, the application should give as the address the place where the shop is ordinarily kept, together with any other information which identifies the premises (see paragraph 4(1)(a) of Schedule 1A). This could include such information as the address of the depot of a parent company where the shop is parked overnight or, if independently owned and run, the name and home address of the proprietor and the vehicle registration number if appropriate.

Licence applications should also contain any other information reasonably requested by the food authority to assist in determining whether the premises fulfils the licensing conditions listed in paragraph 5 of Schedule 1A (see paragraph 4(1)(b)). Food authorities may also draw on any relevant information acquired during an inspection of the premises or otherwise. It will be for individual food authorities to satisfy themselves that they have obtained sufficient information to be able to identify the premises for licensing, inspection and enforcement purposes.

A standard application form, which food authorities may wish to use and make available to prospective applicants, is attached to this guidance at Appendix 1. Applications may be made in other written formats provided they contain the information required under paragraphs 4(1)(a) and (b) of Schedule 1A of the licensing Regulations.

An application in respect of a new business not yet operating as a butcher's shop should include information on the commercial operations, staff training and HACCP control procedures which are proposed for the shop (see paragraph 5(7) of Schedule 1A). The application should also indicate how many staff will be employed in the shop. Food authorities may wish to revisit the premises once opened to ensure the licensing conditions are being met in practice.

Licensing butchery concession operations within mixed business premises
A butchery service outlet operating under a concessionary arrangement, i.e. as an independent company, within the mixed business premises will require its own licence where it handles and sells unwrapped raw meat together with ready-to-eat foods. In these circumstances, it may be appropriate for the concessionary business to apply for and hold the licence.

Determining licence applications and issuing licences
Food authorities must determine licence applications and inform applicants of the outcome in writing within 28 days of receiving an application (see paragraph 3(2) of Schedule 1A). The handling of notifications in respect of outlets which are part of a multiple chain should be agreed with the applicant company and its home authority. If notifications concerning the outcome of licence applications are to be sent to the corporate headquarters, the arrangements should ensure the management at the local premises for which the licence has been requested is made aware as soon as possible of the outcome of the application. Such arrangements should be kept under review to ensure they are working as intended.

Where a food authority decides to refuse a licence, it must specify which of the licensing conditions listed in paragraph 5 of Schedule 1A has not been satisfied. The authority should also inform the applicant of his or her right to appeal against the decision and the appeals mechanism that will apply (see paragraph 3(3) of Schedule 1A).

Where an authority decides to grant a licence, it should issue the licence together with the notification to the applicant confirming the outcome of the determination. The notice of determination should inform the person (or corporate body) to whom the licence is issued of his or her legal requirement to notify the appropriate food authority of any material change to the shop which may reduce the safety of the food sold or supplied (see also paragraphs 51 and 52 below). A suggested format for a licence is attached at Appendix 2. Authorities using other formats should ensure that all licences quote the name of the applicant or the name under which the company trades, as appropriate, the address of the premises, the date the licence comes into force and the expiry date. In the case of a moveable premises, information by which the premises can be identified should be included on the licence. The licence should also clearly state that the premises:

"is licensed under the Schedule 1A of the Food Safety (General Food Hygiene) Regulations (as amended by the Food Safety (General Food Hygiene) (Butchers? Shops) (Amendment) (Wales) Regulations 2000) to carry out commercial operations in relation to the supply and sale of ready to eat food and raw meat".

The licensing Regulations do not require licences to be displayed, although authorities may wish to encourage their display in licensed shops.

Licence charge
A charge of £100 is payable by the business to the issuing authority on receipt of a licence. Payment in full or part of the licence fee may accompany an application but any such payments must be refunded if an application is refused. The amendment Regulations contain a provision to allow a food authority to recover as a civil debt any unpaid fees or part fees in respect of licences it has issued.

Duration and renewal of licences
A new licence shall remain in force for one year commencing on the day it is issued (see paragraph 6 of Schedule 1A). Any licences issued during the lead-in period will come into force for one year commencing on 30 June 2001.

An existing licence holder may apply for a new licence up to four months before the existing licence is due to expire. The new licence would come into effect when the existing one expires (see paragraph 7 of Schedule 1A). This is a practical arrangement intended to facilitate effective administration of the licensing scheme at local level. Responsibility for applying for licence renewals rests with businesses, although food authorities are encouraged to issue a reminder as part of their licensing arrangements. Applications for licence renewals must be submitted to the appropriate food authority not less than 28 days before the new licence is required.

Paragraph 5(1) of Schedule 1A lists the four conditions which premises must satisfy before a food authority can grant a licence. These conditions are explained below together with advice on the issues which food authorities should take into account when assessing satisfactory compliance for licensing purposes.

Compliance with the general hygiene and temperature control regulations - Paragraph 5(1)(a)
Satisfactory compliance with the Food Safety (General Food Hygiene) Regulations 1995 and the Food Safety (Temperature Control) Regulations 1995, where appropriate, is a condition of the licence. However, seeking to establish minor or technical breaches in this context may not be appropriate. Such breaches may be better and more readily pursued through other enforcement approaches in the first instance.

Enforcers should use their professional judgement when assessing regulatory compliance in this regard and act proportionately. Due consideration should be given to the observance in the premises of any guidance and advice in the Retail Industry Guide to Good Hygiene Practice, and the industry guide supplement for the retail butchery sector, in respect of the general food hygiene and temperature control regulations.

Staff training requirements - Paragraphs 5(1)(b) and (c)
All food handlers working in a butcher's shop must receive hygiene training to enable them to perform their food handling duties consistent with ensuring food safety. At least one member of staff at supervisory level working within the shop must receive training to a level to enable him/her to supervise the food activities in the business and the operation of the HACCP system. This would also apply to temporary and casual staff working as food handlers or supervisors.

The licensing Regulations do not set down specific training levels to be achieved in either case. However, Basic or Level 1 food hygiene courses from the main awarding bodies, such as CIEH, RIPHH, RSH, SOFTE, REHIS or equivalent, are likely to fulfil this requirement in relation to food handlers. Although on-the-job instruction would be an important element of an individual?s training, it is unlikely that it would, in itself, be sufficient to satisfy this condition. Intermediate or Level 2 food hygiene training courses from the main awarding bodies are likely to fulfil the training requirement for staff at supervisory level. Formal in-house training courses of an equivalent level and content are also likely to satisfy the training requirements in paragraphs 5(1)(b) and (c) of Schedule 1A.

New employees who have not previously been trained to the levels required should receive appropriate instruction and be closely supervised pending formal training, which should be facilitated as quickly as practicable. It is anticipated that training would be received within three months of appointment. Enforcement officials should satisfy themselves that food handlers and supervisors are using their skills in a practical way consistent with food hygiene rather than relying totally on training records to assess compliance with the training requirements (see paragraph 44 below on training records).

It is anticipated that one person with the higher level of training in food safety management would be present in the shop in normal circumstances, although practical allowance for holidays or absences due to other business needs may be made. Arrangements should be in place in the premises to ensure the food hygiene management and HACCP arrangements are working effectively during any such absences. In the case of a mixed business premises, it is envisaged that this person would normally be deployed within the parts of the premises covered by the licensing conditions. The deployment of one person with the higher level of training to supervise the food safety and HACCP arrangements at more than one premises will not satisfy the legal requirement.

HACCP procedures - Paragraph 5(1)(d)
Premises must operate documented HACCP food safety management procedures as described in paragraph 1 of Schedule 1A. In assessing the adequacy of the HACCP procedures, food authorities will need to be satisfied that the business has correctly identified the food hazards within the shop and has put effective arrangements in place to control the steps and activities which are critical for final food safety. The HACCP plan should describe the checks or monitoring arrangements in place for any controls which are critical for final food safety, including the corrective action to be taken if critical limits are breached. The HACCP plan should be reviewed at least annually to ensure it is still relevant.

While the HACCP plan should cover all of the food processes in the shop, the emphasis should be on encouraging the operation of practical and manageable arrangements consistent with ensuring food safety. A simple system integrated with existing commercial operations is likely to be best. The business may wish to group food items with similar characteristics and common process steps and critical control points within the HACCP plan for the shop.

Record keeping requirements
The licensing Regulations require certain records to be kept in respect of HACCP procedures and staff hygiene training. The applicant, proprietor or manager (as appropriate) of a butcher's shop is required to make available to the appropriate food authority on request records of the HACCP procedures which apply in the shop and the training which staff have undertaken to fulfil the legal requirement.

Such records can be in written form or, where there is a means by which they may be read, electronic form. Records setting out how the HACCP procedures apply in the shop, i.e. the overall HACCP plan, must be retained in the premises until they are replaced by a new or amended HACCP plan for the shop. Records which show how the HACCP plan has been implemented, e.g. temperature logs and cleaning schedules and records, must be retained at the premises for at least one year from the date they are created.

In the case of retail butchers, including supermarkets etc., with multiple outlets operating a centralised HACCP plan or policy, sufficient information would need to be available at individual shop level to enable the enforcement authority to check local compliance with the corporate arrangements. The information held locally would need to reflect the extent to which any HACCP arrangements were devolved to local shop level. It is envisaged that local authority assessment of HACCP systems in multiple outlets will be carried out in accordance with the Home Authority principle. Separate LACOTS guidance explains how these arrangements should work in practice in this context. The application of the Home Authority principles in relation to butchers' licensing will be without prejudice to the responsibility of individual local authorities to assess licence applications and enforce the licensing Regulations in individual stores at local level.

Records of relevant training undertaken by staff working in the butcher's shop must be retained on the premises. They must be retained until the member of staff to which they relate ceases to be employed by the business or is no longer engaged in food handling or supervisory duties. In the case of mixed business premises, such records would need to be retained for food handlers and supervisors working in the parts of the premises covered by the licensing conditions until they are permanently moved to duties unconnected with the licensed activities.

Other conditions on licence holders
Paragraph 8 of Schedule 1A requires a licence holder to inform the appropriate food authority of any material change, such as a material change to the layout of the shop or a change in ownership or management, which may reduce the safety of food sold or supplied from the shop. This arrangement is intended to ensure food safety arrangements are not compromised by any changes made within the premises. It does not imply that a new licence would have to be issued and a further licence charge paid whenever a material change is notified, although this may be appropriate in exceptional circumstances, for example, where the premises is extended beyond the area covered by the original licence.

A significant change to the layout of display counters or storage arrangements are examples of the kind of changes that businesses would be expected to notify. As a licence is issued in respect of a premises, a simple change in ownership or management, including the transfer of a licence to another family member, is unlikely to require a new licence to be issued.

Revocation and suspension of licences and right of appeal
The licensing Regulations give the appropriate food authority the discretionary power to suspend or revoke a licence which it has issued in respect of a premises which has ceased to satisfy any of the licensing conditions listed in paragraph 5 of Schedule 1A (see paragraph 10 of Schedule 1A). A food authority must give notice to the proprietor of the shop of any decision to revoke or suspend the shop's licence specifying which of the licensing conditions have been breached. Any such notification should be in writing. The notification should contain details of the appeals arrangements.

The licence holder may appeal against a decision by the appropriate food authority to suspend or revoke his/her licence. The appeals mechanism is that contained in section 37(5) of the Food Safety Act 1990. A decision to revoke or suspend a licence would not take effect until the time for bringing an appeal had expired (1 month from the date of the suspension or revocation), or if a section 37(5) appeal is brought, until the appeal is finally disposed of or abandoned. In practice, this means that a premises which has had its licence suspended or revoked may continue to trade until the appeals mechanism has been exercised as described. Where there is an imminent risk to public health, the food authority would wish to use the existing powers under the Food Safety Act 1990 to seek immediate closure alongside revocation action.

When to suspend or revoke a licence
Food authorities should approach enforcement of the licensing Regulations in accordance with the relevant Codes of Practice issued under section 40 of the Food Safety Act 1990. As such, suspension or revocation of a licence should not generally be considered as the first option where breaches are found on inspection, where other enforcement approaches are likely to secure compliance with the licensing requirements within an appropriate time scale.

In deciding whether to suspend or revoke a licence, a food authority will have regard to the nature and seriousness of the breach of the licensing requirements. In practice, we envisage that the suspension power will be used only in exceptional circumstances, such as during an extensive refurbishment period which would render the premises unsuitable to trade.

The Act under which the licensing Regulations are made does not provide for an authority to lift a suspension before the specified time period has expired or to attach conditions which would need to be met before a suspension could be lifted. Authorities may wish to use the suspension power alongside other enforcement measures, such as improvement notices, in which the desired improvements and time limits can be specified. There may, therefore, be some benefit in having the same period for the improvement notice and suspension, taking into account the time period allowed for appeals.

A food authority should consider revoking a licence for a significant or persistent breach of the licensing conditions, for example, where the authority has little or no confidence in the ongoing hygiene and food safety management arrangements and conditions at the premises. A revocation amounts to permanent removal of the licence which has been issued and cannot be reversed other than by a magistrate in the course of giving a decision on a section 37(5) appeal taken by the proprietor. Revocation of a licence is therefore a serious step which authorities should not take lightly.

The revocation arrangements would not prevent a proprietor whose licence had been revoked from applying for a new licence for the same premises at some later stage or for a premises other than the one which has had a licence revoked. A charge of £100 will be payable in respect of any new licence which is issued.

Enforcement in mobile shops by an authority other than the appropriate food authority
A mobile butcher's shop will only need to obtain a single licence whether or not it operates across a number of local authority areas. The appropriate (licensing) authority in this case would be the authority in whose area the shop is ordinarily kept or the authority which has registered the shop under regulation 2 of the Food Premises (Registration) Regulations 1991 (see paragraphs 25 and 26 above). This arrangement does not preclude an authority from taking appropriate enforcement action under existing hygiene regulations against a mobile butcher's shop which has been licensed by another authority but trading in its area.

Only the authority which has issued the licence to the mobile butcher's shop may legally suspend or revoke it. Authorities which have concerns about compliance with the licensing requirements in mobile shops which have been licensed by other authorities, are encouraged to contact the licensing authorities with a view to discussing their concerns and any appropriate enforcement action. The licensing Regulations are intended to permit the licensing authority to suspend or revoke the licence of a mobile shop for breaches of the licensing requirements which had occurred outside its jurisdiction. Licensing authorities in this situation may wish to consider obtaining a formal witness statement from the relevant officer or officers in the authority which has raised the concerns to support any potential legal action arising from suspension or revocation of a licence.

Offences
Subject to the exception set out in paragraph 9 of Schedule 1A, it will be a criminal offence for any person to use a premises as a butcher's shop without a current licence. The exception is that where an application for a licence has been refused in respect of an existing butcher's shop

1. which has applied for a licence before the lead-in period has ended, i.e. before 30 June 2001; or
2. for which a licence is already in force on the day the new application is made
3. the premises to which the application relates may continue to be used as a butcher's shop until the time specified in section 37(5) of the Food Safety Act 1990 for bringing an appeal under that section has expired or, if an appeal under that section is brought, until the appeal is finally disposed of or abandoned. The time limit for bringing an appeal is one month from the date on which the notice of the decision to refuse the application is served on the applicant.

A new premises applying for a licence on or after 30 June 2001 would be committing an offence if it began trading before receiving a licence from the appropriate authority.

Form of application for a licence under Schedule 1A of the Food Safety (General Food Hygiene) Regulations 1995 (as amended by The Food Safety (General Food Hygiene) (Butchers' Shops) (Amendment) (Wales) Regulations 2000). See below.

SUGGESTED FORMAT OF LICENCE

[insert Trading Name of butcher's shop (or corporate name of business, as appropriate), followed by the shop's address or, in the case of a moveable premises, information by which it can be identified]

is licensed under Schedule 1A to the Food Safety (General Food Hygiene) Regulations 1995 (as amended by the Food Safety (General Food Hygiene) (Butchers' Shops) (Amendment) (Wales) Regulations 2000 to carry out commercial operations in relation to the supply and sale of ready to eat food and raw meat. This licence is issued subject to the condition that the person that holds it shall give notice to this authority, as the appropriate food authority, of any material change which may reduce the safety of food sold or supplied from the above named premises, including any material change to the layout or ownership of the premises or the operation of the food business.

Date licence comes into force___________________

Expiry date____________________

Name of issuing authority: ......................................................

Signed on behalf of the issuing authority by: .................................

Name (BLOCK CAPITALS) ..............................................

[Guidance Notes, not for inclusion on issued licences:

(1) The recognised logo or seal of the issuing authority should be displayed prominently on the licence

(2) 30 June 2001 should be entered as "Date licence comes into force" for licences issued during the lead-in period, i.e. between 31 December 2000 and 30 June 2001.]