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Pricing of Food and Drink on Catering Premises

 

The aim of Warrington Borough Council’s Trading Standards Service is to ensure there is a fair trading environment for businesses in Warrington. It deals with problems which consumers encounter when they buy goods and services. They also advise traders on the complex issues of trading law. 

INTRODUCTION
This leaflet gives guidance on the law surrounding the pricing of food and drink on catering premises and retail premises such as sandwich bars. The requirements are different depending on the type of establishment. The legislation does not apply to private members clubs, staff canteens or canteens in educational establishments. Nor does it apply to food which is prepared by special request or for functions where the price of the food is agreed in advance. 

If you are a provider of food and drink which is consumed on the premises, please read section A & C of this leaflet. (E.g. restaurant, café, public house etc.) 

If you are a provider of food and drink which is consumed off the premises,  please read sections B & C of this leaflet. (E.g. fish & chip shop, takeaway, retailer of sandwiches or hot pies & pasties etc.) 

A separate guidance note covers the issue of the description of food and drink on menus. A copy of this guidance note and advice on the issue can be sought from Warrington Trading Standards Service. This Service is happy to inspect menus, for compliance with pricing legislation and the law surrounding the description of food and drink, prior to the expense of printing. 

If you need further advice on this, or other trading issues, please contact the Duty Officer on 01925 442658, Monday to Friday between 9.00 a.m. and 5.00 p.m.. 

Should you require any advice on food hygiene issues relating to food production and/or storage, please contact: 

Pen Icon Environmental Health, Palmyra House, Palmyra Square North, Warrington. WA1 1JN.
Telephone Icon 01925 442577.
Email Icon environmental.health@warrington.gov.uk

Only the Courts can interpret the law with any authority.

The information contained in this guidance note is, to the best of our knowledge and ability, correct on the date of publishing. The law may change at a future date.

SECTION A: Food consumed ON the premises

(E.g. restaurant, café, public house etc.) 

Where should the prices be shown?

  • In eating areas (E.g. non self-service restaurant and café )  

The prices must be displayed, where they can be seen, before a customer enters the eating area. If there is a waiting area, which customers must pass through to reach the eating place, it can be displayed there. But a price list visible from outside can save everyone embarrassment. 

  • In supply areas (E.g. self-service restaurant and public house with bar service)  

The prices must be displayed at the place where the customer chooses his/her food and drink. If the prices cannot be seen before the customer enters the supply area, a further list of prices must also be displayed at the entrance to that area. 

SECTION B: Food consumed OFF the premises
(E.g. fish & chip shop, mobile food van, sandwich bar, retailer of hot pies, which are ready to eat). Where should the prices be shown? 

The prices of the food and drink must be displayed so that your customers can see them before  ordering. This could be a price list or a blackboard. 

SECTION C: General pricing information

How must the prices be shown?

  • As a whole meal (E.g. Haddock & Chips £3.00); or  
  • As individual components of the meal (E.g. Haddock £2.50, Chips 50p); or  
  • As a price per unit/quantity, in which the food or drink is sold (E.g. Lager £2.00 per pint).  

Prices should be clear and legible so that an average person can easily read them. Perhaps the easiest way to show the prices would be by means of a price list or menu. 

How many prices must be shown?

  • Food & Drink (other than table wine)  

If no more than 30 descriptions of food and drink are sold, the prices of each must be shown. 

If more than 30 descriptions are sold, the price of at least 30 must be shown. These may be divided into groups such as "Starters", "Main Courses", etc., but the prices of at least five descriptions of food and drink in each group must be displayed. If fewer than five are sold in each group, the price of every description of food and drink in that group must be shown. 

  • Table Wine  

If no more than 6 types of table wine are available a price must be given for all wines. Where more than 6 types of wine are available, at least 6 prices must be shown. If you sell more than one type of wine (E.g. white, red and rose), the prices of at least two wines of each type must be displayed. 

VAT and other charges

All prices shown should include VAT. 

If there is a minimum charge or service charge, this must also be shown on any menu or price list. It must be as prominent as the prices of the food or drink. 

The Code of Practice for Traders on Price Indication, made under the Consumer Protection Act 1987, recommends that any non-optional charges, such as service charges, should be incorporated within fully inclusive prices wherever possible. This can then be made clear by such phrases as "All prices include service". 

If you want to charge consumers extra to cover the bank charges incurred by accepting credit cards or cheques, you can do so. However you must indicate what the extra charge will be either as an amount or as a percentage. This extra charge must be shown at the entrance, the point of payment and on any menus.