Court tells Greggs to provide customer toilets

Takeaway food shops that provide seating areas could soon be forced to provide customer facilities, if a high court judgement becomes precedent.

FTSE 250 bakery chain Greggs was told by Mr Justice Kerr that, because it provides seating for diners purchasing food and beverages, it must also provide toilets as restaurants are.

Hull City Council celebrated the ruling, after both Greggs and Whitehall claimed the chain did not have to provide toilets because most customers carted their baked goods away from the store for consumption.

Advice given by Newcastle City Council, with support from the Department for Business, Innovation and Skills, stated the need to provide customer facilities should be based on a “predominant trade test,” i.e. whether the shop’s main trade is from eat in or takeaway customers.

“It is obvious that if a person sits down in a Greggs outlet at the seats provided and proceeds to eat a pasty and a fizzy drink just purchased at the counter for that purpose, that is a normal use of the premises,” said Mr Justice Kerr in his judgement at the High Court in Leeds.

“The fact that most customers take away their purchases and those who stay do not normally stay long, does not change that.”