Rules and ethics
Business licence basics for West Midlands food businesses
A business licence is not one permit: this West Midlands guide covers food registration, national premises-licence fees and local street-trading differences.
What to take away
- There is no single business licenceregister the food business with the council at least 28 days before trading. Registration is free and covers kitchens, vans and online sellers.
- A premises licence is generally required for alcohol, late-night refreshment or regulated entertainment; a Temporary Event Notice may authorise qualifying occasional activity instead. National band fees run from £100 to £635 for most premises, plus an annual charge.
- Street trading consent is separate from both, and each West Midlands council designates its own streets.
- Statutory guidance expects councils to determine premises licence applications within two months, and the 28-day representation period is fixed.
- Approval in one authority transfers nothing, because licences attach to the site rather than the company.
The three permissions a West Midlands food business needs
A cafe, a mobile van and a cocktail bar need different permissions even when one company owns all three; there is no single business licence covering every activity. Decide what the site will actually do before you apply. Our guide to starting with the activity rather than the company type explains why that order saves weeks of wasted applications.
Food business registration is a free notification, not a permission. The duty covers almost every food operation, including home kitchens, market stalls and online-only sellers. It must reach the council at least 28 days before you trade. Food business registration sets out the rule and the exemptions.
Birmingham food registration in four steps
- Register 28 days before trading
- Use council online form or national portal
- Give trading name, address, food activity, responsible person
- No fee, no approval, then risk-based inspection
A premises licence covers alcohol sales, late-night refreshment and regulated entertainment. It attaches to the premises rather than the person, so buying a business with a licence in place is often faster than applying from scratch. GOV.UK premises licence guidance covers the process.
The designated premises supervisor on a premises licence authorising alcohol sales will normally hold a personal licence; qualifying community premises can apply to disapply that requirement. For an occasional event, a Temporary Event Notice may be an alternative to a premises licence, subject to statutory limits.
Street trading consent covers selling from a pitch, van, stall or pavement spot. A mobile coffee van can need all three sets of paperwork. Street trading licence guidance explains how to apply to an English council.
Premises licence fees by rateable value band
Fees are set nationally under the Licensing Act 2003, so the headline figure is the same in Solihull as in Sandwell. The band comes from the premises' non-domestic rateable value.
| Band | Rateable value | Application fee | Annual fee |
|---|---|---|---|
| A | Up to £4,300 | £100 | £70 |
| B | £4,301 to £33,000 | £190 | £180 |
| C | £33,001 to £87,000 | £315 | £295 |
| D | £87,001 to £125,000 | £450 | £320 |
| E | £125,001 and over | £635 | £350 |
Bands D and E carry a multiplier for premises used mainly for drinking on the premises: two times in Band D (£900 application, £640 annual) and three times in Band E (£1,905 application, £1,050 annual). Local variation comes from everything around the licence: variations, duplicate licences, re-inspections and pavement permits. Confirm the current figures with the licensing team before you budget. If timing is your pressure point, our note on how long an alcohol licence takes breaks the stages down.
Local details to check with West Midlands councils
Food registration is free everywhere, and premises licence fees follow the same national bands. The differences sit in conditions, designated streets and local policies.
How councils differ
Street trading consent
- Birmingham
- Consent streets in the city centre, including New Street
- Coventry
- City centre pitches
- Solihull
- Limited designated areas
- Sandwell
- Town centre pitches
- Walsall
- Market and street pitches
- Wolverhampton
- City centre zones
- Dudley
- Limited designated streets
Local points to check
- Birmingham
- Broad Street cumulative impact assessment
- Coventry
- Cumulative impact zones in parts of the centre
- Solihull
- Planning and neighbour objections
- Sandwell
- Duplicate licence fees
- Walsall
- Market trading rules
- Wolverhampton
- Zone boundaries
- Dudley
- Annual renewal terms
Councils do not publish routine processing times for premises licences. The fixed points are the 28-day representation period and the two-month determination expected in statutory guidance. Birmingham's cumulative impact assessment covers the Broad Street area, so check the current statement before signing a lease.
Example: a three-site cafe rollout
Suppose a cafe chain opens in Birmingham city centre, Solihull and Wolverhampton. Use a market entry checklist before you commit to a site, then work through the same sequence three times.
- Check planning use class and extraction for each site before exchanging contracts.
- Register each food business with its own council at least 28 days before trading.
- Apply for a premises licence per site for ongoing alcohol sales, and expect two months; a Temporary Event Notice may cover qualifying occasional events.
- Apply for street trading consent if pavement tables sit on a designated street.
- Name a designated premises supervisor who holds a personal licence, unless a qualifying community premises has obtained a disapplication.
Budget for three fee payments, three sets of conditions and three inspection schedules. Do not book an opening date until each licence is determined.
Planning, use class and extraction consent
Licensing and planning are separate consents, and a valid premises licence does not cure a planning problem. Cafes and restaurants sit in Class E, while hot food takeaways and drinking establishments are sui generis, so a change of use usually needs permission.
Check use class, extraction and noise before signing the lease. A premises licence cannot fix a planning refusal.
Extraction and flues may need their own permission, and cooking odour can trigger statutory nuisance action under the Environmental Protection Act 1990. Check whether the site sits in a smoke control area, as much of Birmingham does.
Common questions
Do I need food registration and a premises licence?
Sometimes. Food registration is generally required for a food business and is free. A premises licence is generally needed for ongoing alcohol sales, late-night refreshment or regulated entertainment; a Temporary Event Notice may cover a qualifying occasional event.
How much does a premises licence cost in Birmingham?
The application fee follows the national band, from £100 to £635, or up to £1,905 for a large premises used mainly for drinking on site, with a national annual fee on top. Variations and re-inspections add local costs.
Does one licence cover sites in different councils?
No. Each premises needs its own licence, and no West Midlands authority treats another council's decision as precedent.
Do pavement tables need street trading consent?
It depends on the site. Pavement licences under the Business and Planning Act 2020 cover tables and chairs on the highway, while street trading consent covers selling goods.
