There has been a surge in home bakers selling from their own properties in recent years
Mikaela Bartlett runs The Treat Shed in Kingsteignton (Image: Local Democracy Reporting Service / Mikaela Bartlett)
A surge in budding bakers looking to establish their own small businesses has prompted a Devon council to reassess its policies.
Given that these so-called ‘”whisk takers” are not operating from commercial premises and typically sell their goods directly from their own properties via modest sheds, questions have arisen over what licences or permissions they are required to obtain.
The matter even featured in an Institute of Licensing webinar last month, examining how local councils need to secure street trading licences or consents.
East Devon District Council confirmed it had received a growing number of enquiries from individuals seeking to run bake sheds from their properties, raising the question of how such an activity sits within its existing street trading policies.
At a recent licensing meeting, 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, confirmed that bake sheds were being handled in accordance 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 confirmed that no updates had yet been made to this policy, meaning there remained no further clarity on bake sheds or whether the regulations surrounding them might be revised.
“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, setting out the current position.
Mikaela Bartlett runs The Treat Shed in Kingsteignton, a venture she launched after seeking a creative outlet during maternity leave with her second child, having previously worked in corporate roles.
Although Kingsteignton falls outside East Devon, the passionate baker has had to navigate the permissions required by her own 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 upon speaking to Teignbridge District Council, her local authority, she was informed that a street trading licence was not required in her area.
An Institute of Licensing webinar, attended by an East Devon council officer, indicated that all councils must take into account the legislation governing street trading – namely the Local Government (Miscellaneous Provisions) Act 1982 – alongside their own street trading policies and guidance when assessing street trading consents for bake sheds.
However, Ms Norsworthy noted that local councils “vary greatly” in their approach to handling street trading applications.
She further explained that bake sheds operating in East Devon are required to register with the environmental health team, and that any street trading consent application must include a site map, a photograph of the trading unit, a copy of an insurance certificate, evidence of a food hygiene rating, along with other formal identity documentation.
The planning department is routinely consulted on street trading applications and would therefore contact the applicant directly should any planning concerns arise.
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