Rank: New forum user 
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Hi
Does anyone know the legal position about a Company giving away Hot Drinks to its customers while they are waiting for product etc.
There is no "food " involved purely a hot drink. Do you still have to apply for a food licence and do the usual HAZACCP ?
If any one can help that would be great.
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Rank: Super forum user 
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Well I sincerely hope not, as most businesses provide tea and coffee to their visitors including both suppliers and customers!
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Rank: Super forum user 
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There are no critical control points with making or providing hot drinks with the exception of the storage of milk! I would sincerely doubt that providing hot drinks would constitute a food business.
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Rank: Super forum user 
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No such thing as a food licence. There is food registration, which is free and mandatory if you fall under its purview. No Local Authority will want you to register for provision of hot drinks in this fashion though, of this I am confident.
However, drinks still count as food. And additionally the definition is supply, not sale. Giving them away is included. So your business does still have duties to comply with food safety law. Its just that in very real terms, no-one is ever going to come checking unless you do something spectacularly wrong.
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Rank: Super forum user 
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You don’t need to be inspected or approved if you sell direct to the public or retailers like caterers, pubs and restaurants, as long as: - food is less than 25% of your trade
- you don’t handle any wild game meat products
- you don’t sell food outside the county your business is registered in
You must still follow the rules for controlling the temperature and storage of any food you transport.
From the food stabdards agency, so the answer is no you don't have to do anything, but I would serve it in clean cups and remember McDonalds!
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Rank: Super forum user
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Invictus. can you provide a link to where on the food standards agency web site you found that information please.
There is a big difference between approval and registration and I have never come across the 25% info for registration before.
I am in agreement with Xavier, while drink is food I don't think any local authority would want a company to register in the circumstances described.
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Rank: Super forum user
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Originally Posted by: Brian Hagyard  Invictus. can you provide a link to where on the food standards agency web site you found that information please.
There is a big difference between approval and registration and I have never come across the 25% info for registration before.
I am in agreement with Xavier, while drink is food I don't think any local authority would want a company to register in the circumstances described.
Brian,
here you go, I am involved in food hygiene for our premises, so although I am not aware of everything I do look stuff up.
https://www.gov.uk/food-premises-approval
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Rank: Super forum user
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thanks Invictus I tried to look it up but could not find it. As I suspected you are confusing Approval with Registration. Approvals are for very specific food operations mainly classed as manufacture. I am fairly sure that the 25% limit does not apply to retail sail and registration. But then its a long time since I worked for Environmental Health as a food inspector and I know things have changed.
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Rank: Super forum user
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Originally Posted by: Brian Hagyard thanks Invictus I tried to look it up but could not find it. As I suspected you are confusing Approval with Registration. Approvals are for very specific food operations mainly classed as manufacture. I am fairly sure that the 25% limit does not apply to retail sail and registration. But then its a long time since I worked for Environmental Health as a food inspector and I know things have changed.
Brian,
I am not confusing anything with anything I just cut and pasted it and what it says id what is on the page.
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Rank: Super forum user
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yes Invictus but the page is about Approval Not Registration two totally different things under food hygiene.
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Rank: Super forum user
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Brian,
but we are talking in relation to giving a cup of coffe away, something we do here to every visitor and I certainly wouldn't contact the local authority to even ask the question do I need to register as a supplier, caterer, etc.
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Rank: Super forum user
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Contact the council to register your business if you want to carry out any ‘food operations’. Food operations include: - selling food
- cooking food
- storing or handling food
- preparing food
- distributing food
RestrictionsYou must register every premises where you carry out food operations, including your home, and mobile or temporary premises such as stalls and vans.
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Rank: Super forum user
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Originally Posted by: Invictus Contact the council to register your business if you want to carry out any ‘food operations’. Food operations include: - selling food
- cooking food
- storing or handling food
- preparing food
- distributing food
RestrictionsYou must register every premises where you carry out food operations, including your home, and mobile or temporary premises such as stalls and vans.
Please ensure that you register prior to making your dinner, and you need to give 28 days notice.
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Rank: Super forum user
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Invictus
The food standard agency has never been great. When I was inspecting food premises it the definition used to be offering food, including drink and giving food away, any 4 times in 5 consecutive weeks. And yes we used to register hairdressers and the like who gave their customers a cup of tea! However I believe LA's use more sense now and that the guidance and definition has been changed so you are OK to give a cup of tea to visitors without registering.
You certainly don't need to register your home kitchen for production of food, or a staff rest area where they prepare their own food.
So as I said I agree that the answer to the original question is No you don't need a license and you don't need to register.
But that does not change the fact that your original post was about the approval process which is a totally different thing!
A bit like COSHH and CHiP - they may be related but not the same.
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Rank: Super forum user
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Need edit button! Food Standards Agency WEB SITE! is what I was trying to say
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Rank: Super forum user
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Rank: Super forum user
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Originally Posted by: Brian Hagyard Invictus
The food standard agency has never been great. When I was inspecting food premises it the definition used to be offering food, including drink and giving food away, any 4 times in 5 consecutive weeks. And yes we used to register hairdressers and the like who gave their customers a cup of tea! However I believe LA's use more sense now and that the guidance and definition has been changed so you are OK to give a cup of tea to visitors without registering.
You certainly don't need to register your home kitchen for production of food, or a staff rest area where they prepare their own food.
So as I said I agree that the answer to the original question is No you don't need a license and you don't need to register.
But that does not change the fact that your original post was about the approval process which is a totally different thing!
A bit like COSHH and CHiP - they may be related but not the same.
Original post states approval or register.
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Rank: Super forum user
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This seems to have gotten a little out of hand... Can I help put this to rest? 1. Drink classifies as food. Even a vending machine supply hot chocolate would count as food and as a food operation. 2.Broadly speaking, food operation = food business and therefore likely registration. Approval is something quite different and is for certain food types and activities. 3. The FSA have given advice on registration and food businesses providing exemptions from certain elements of the legislation, including registration. Occasional and small scale supply being one of them. Vending machines have also been specifically addressed in their guidance as serving 'no practical value' in being registered albeit would still fall under the general food hygiene requirements.
4.The FSA have a document addressing the law in relation to occasional and small scale provision in church halls and charity events and conclude that daily small scale provision of low risk food such as tea do not 'require a degree of organisation'. This is a reference to a legal requirement that leads to deeming the business as falling under the requirement to register etc. 5. One can draw quite clear parallels between the OP and the church hall scenario to conclude that registration is not required.
The docs you need to follow this up are below. Knock yourself out. The EU food law and cross referencing is a painful read.
https://www.food.gov.uk/enforcement/codes-of-practice/food-law-practice-guidance-england-2015/3-2-registration-of-food-establishments#toc-7 https://www.food.gov.uk/sites/default/files/multimedia/pdfs/hall-provision.pdf
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Rank: Super forum user
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The answer is still no you do not have to apply for a licence to give a cup of tes/coffee to custumers otherwise every business in the country would have to to apply and how would it ever be enforced 'common sense' is the key here.
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