The Food Premises (Registration) Regulations 1991

Regulation 2(3)

SCHEDULE 1 REGISTRATION REQUIREMENTS FOR PREMISES WITHIN MARKETS

1.  Where relevant moveable premises are used within the area of a market by a person other than the controller of the market, and those premises are not provided by the controller of the market, registration is required by regulation 2(1) in respect of those relevant moveable premises, even though registration may also be required by regulation 2(2) in respect of such of the area of the market as includes the place where the relevant moveable premises are stationed when they are so used.

2.  Where relevant moveable premises which are provided by the controller of a market are used within the area of a market by some other person, separate registration of those relevant moveable premises is not required by regulation 2(1) where registration is required by regulation 2(2) in respect of the place where the relevant moveable premises are stationed when they are so used.

3.  In this Schedule references to using premises are to using them for the purposes of a food business for five or more days, whether consecutive or not, in any period of five consecutive weeks.

Regulation 2(4)

SCHEDULE 2 REGISTRATION REQUIREMENTS FOR PERMANENT PREMISES WITHIN OTHER PERMANENT PREMISES

1.—(1) This paragraph applies where permanent premises (“the larger premises”) contain one or more smaller permanent premises each of which, if used for the purposes of a food business, is used only for the purpose of one (but not necessarily the same) food business.

(2) Where this paragraph applies, registration is not required by regulation 2(2) in respect of the larger premises, but is required by regulation 2(1) in respect of each of the smaller premises or, in a case where all of the smaller premises which are used for the purpose of a food business are used for the purpose of the same food business, in respect of the smaller premises together.

2.  In this Schedule references to using premises are to using them for the purposes of a food business for five or more days, whether consecutive or not, in any period of five consecutive weeks.

Regulation 2(5)

SCHEDULE 3 REQUIREMENTS FOR REGISTRATION ARISING FROM USE OF MOVEABLE PREMISES, OTHER THAN RELEVANT MOVEABLE PREMISES USED IN MARKETS

1.  Moveable premises are exempt from registration under these Regulations, except as provided by Schedule 1, but their use may give rise to a requirement to register permanent premises in accordance with this Schedule.

2.  Any use of moveable premises other than relevant moveable premises shall be disregarded for the purposes of determining whether any premises are required to be registered under these Regulations.

3.  No use of relevant moveable premises, except their being ordinarily kept at permanent premises, shall give rise to a requirement to register permanent premises under this Schedule.

4.  Where permanent premises are used for the purposes of a particular food business only because relevant moveable premises are ordinarily kept there, the permanent premises shall be registered in accordance with regulation 4(4).

5.  Subject to paragraph 4, the proprietor of a food business shall not use any permanent premises for the purposes of that business by ordinarily keeping there relevant moveable premises unless—

(a) those permanent premises are registered in respect of their use for the purposes of that business; or

(b) an application for those premises to be registered in respect of their use for those purposes has been made in accordance with regulation 4(3) to the relevant registration authority at least 28 days before the first day of such use.

6.  The ordinary keeping at permanent premises, in the course of a food business, of relevant moveable premises shall not affect any exemption from registration otherwise applicable to the permanent premises.

7.  A requirement to register permanent premises, under regulation 2(1) in connection with a food business, shall not be affected by the ordinary keeping there of relevant moveable premises used for the purposes of another food business.

8.  No obligation to register permanent premises under regulation 2(2) shall arise only from the ordinary keeping there of relevant moveable premises for the purposes of more than one food business.

Regulation 4(4)

SCHEDULE 4 FORM OF APPLICATION FOR REGISTRATION OF FOOD PREMISES