Diner in residential home??
Diner in residential home??
Author
Discussion

Lois

Original Poster:

14,706 posts

274 months

Wednesday 17th February 2010
quotequote all
I've had constant issues with my neighbour for one reason or another, mainly them making the nice row of houses look like a council estate with slats of wood, broken plastic chairs and a mattress amongst other things littering their front garden. I'm not only concerned about it attracting vermin, but also the affect it will have on the value of my house. The council doesn't care.
Anyway, I've now seen that he is advertising his house as a student "diner" and is charging people for this service 2 days a week. His house is rented, I assume this would only be on a residential basis.
I want to ring the company he rents off tomorrow but dont want to sound like a fool so was wondering if anyone knows the legalities about what contracts you need to have to legally sell food from a residential property.

pugwash4x4

7,644 posts

243 months

Wednesday 17th February 2010
quotequote all
wtf is a student diner?

he'd need to prove to enviromental health that he is competent to run such a facility and that the establishment was stuibale for the purpose it is being used for. houses rarely are.

Lois

Original Poster:

14,706 posts

274 months

Wednesday 17th February 2010
quotequote all
Certainly the state that that place is in. Maybe a phone call to environmental health is in order too.

Balmoral Green

42,554 posts

270 months

Wednesday 17th February 2010
quotequote all
Not to mention running a proper set of accounts and his tax liability.

wiffmaster

2,616 posts

220 months

Wednesday 17th February 2010
quotequote all
Has to charge VAT on hot food I believe, so if he isn't then Inland Revenue might like to know...

Lois

Original Poster:

14,706 posts

274 months

Wednesday 17th February 2010
quotequote all
How would I know that?

H_Kan

4,942 posts

221 months

Wednesday 17th February 2010
quotequote all
wiffmaster said:
Has to charge VAT on hot food I believe, so if he isn't then Inland Revenue might like to know...
Unlikely his turnover would reach the threshold tbh and with a cash in hand business very hard to prove a certain level of turnover as well.

80quattro

1,804 posts

217 months

Wednesday 17th February 2010
quotequote all
Sounds like a fantastic opportunity to *erm* press your point home.
I'd be straight over there on the opening day, with a group of sympathetic 'friends'.









And a massive bong smokinsmokin

Balmoral Green

42,554 posts

270 months

Wednesday 17th February 2010
quotequote all
VAT registered or not, still has to have a set of accounts, even if they're made up. He will be liable for tax somewhere, it's a business, albeit it part time. Unless he's a registered charity, which is doubtful.

You can't just set up a restaurant without H&S, profit & loss, tax liabilities, insurance etc. It's not like he's the WI or the local church coffee morning.

jessica

6,321 posts

274 months

Wednesday 17th February 2010
quotequote all
Has he registered the change of use with the local council?????
enviromental health... kitchen etc.
tax man.
ground rent/council tax. business tax
letter to landlord.

anything else you need just holler........
Has he got adequate insurance to run a business from home..........

DavidHM

3,940 posts

222 months

Wednesday 17th February 2010
quotequote all
Benefit fraud? Whether actual benefits or tax credits...

Maxf

8,441 posts

263 months

Wednesday 17th February 2010
quotequote all
There was a TV program about people doing this a few months ago - quite a few well to do people were doing it, including some chefs charging £100 a seat. It all seemed a bit too good to be true, and the obvious tax/H&S issues were glossed over, but I'd imagine thats where he got his idea from. A few articles online, but I refuse to link to the Guardian!

This was it: http://www.bbc.co.uk/programmes/b00nnlxx

Edited by Maxf on Wednesday 17th February 23:09

Mill Wheel

6,149 posts

218 months

Thursday 18th February 2010
quotequote all
Contact your local COUNCILLOR, not the council, and CC the letter to your local paper.

Ask your other neighbours if they support your stance - if so, get them to write too.

Google [bot]

6,828 posts

203 months

Thursday 18th February 2010
quotequote all
I'm not familiar with UK law but surely any change in usage is constrained by the zoning and would require submission of a Development Application, which in turn would require all neighbours notified and their own comments/submissions invited before determining if it is approved? Which I would guess it wouldn't be.

ETA and a quick tip off to council for someone operating without the consent would be enough to sort this?

Edited by Google [bot] on Thursday 18th February 01:29

hornetrider

63,161 posts

227 months

Thursday 18th February 2010
quotequote all
I remember coming out of a Guns n Roses gig at Maine Rd back in the day. Loads of people were selling hotdogs out of their front doors. Happy days.

Carry on smile

Busa_Rush

6,930 posts

273 months

Thursday 18th February 2010
quotequote all
Strange isn't it . . . we all hate these petty laws that restrict freedom . . . except when we don't like what somebody else is doing and want to restrict his freedom . . . smile

andye30m3

3,496 posts

276 months

Thursday 18th February 2010
quotequote all
I would speak to the planning department as they would need to have changed the class use of the building from residential to commercial if they are running a cafe / diner from it.

Nic jones

7,178 posts

242 months

Thursday 18th February 2010
quotequote all
hornetrider said:
I remember coming out of a Guns n Roses gig at Maine Rd back in the day. Loads of people were selling hotdogs out of their front doors. Happy days.

Carry on smile
Same happened when I went to a Charlton game a couple of years ago, all the people were out the front of their houses flogging burgers, hotdogs and drinks. smile

W124Bob

1,847 posts

197 months

Thursday 18th February 2010
quotequote all
Do you know any student types who might test his menu have a good look round and give you an idea on what is actully happening.Series on TV recently had peoples own homes acting as temporary restaurants full regulations seemed to apply,signage in kitchens etc.Contact enviromental health and trading standards.

telecat

8,528 posts

263 months

Thursday 18th February 2010
quotequote all
Busa_Rush said:
Strange isn't it . . . we all hate these petty laws that restrict freedom . . . except when we don't like what somebody else is doing and want to restrict his freedom . . . smile
He'd probably be OK if he wasn't already causing a problem in the street!!