One baker has told how her local authority has ordered her to get the correct certificates
Home bakers selling goods out of ‘cake sheds’ have been warned they may have to stump up hundreds of pounds to keep operating. The trend has become popular in communities across the UK in recent months, with people selling baked goods from stalls in their gardens or out the front of their homes, often unmanned and relying on an honesty box.
Sarah Baker launched her cake shed in Mote Avenue, Maidstone, last September after getting a visit from a food and safety officer, obtaining insurance and a hygiene and allergen certificate. The mum-of-three, who has made cakes for weddings for the past 10 years, said the project was a hit with passers-by, while also being a way for her to make extra cash.
But earlier this month, she learned from other cake shed operators that Maidstone council requires a street trading licence or the bakers could be fined £1,000. At first, Sarah thought it was “scaremongering”, but after she got in touch with the council, officers confirmed it was true. According to Maidstone council’s website, you need a street trading licence if you trade in the street. It says the application takes 90 days to be processed, costs £385 to apply for and £307 to renew.
As part of this process, the 55-year-old was told she would need a Disclosure and Barring Service (DBS) check and public liability insurance to the value of £10 million. Although Sarah, 55, only operates a few days a week with the shed in her front garden using an honesty box system, she was told such a licence would set each baker back £181 for a consultation application fee for initial paperwork even if refused, and a further £309 if approved.
“I was gutted really, because I thought I work hard, I’ve got a good little thing and then I could lose that money, that little bit of income,” she said. “I’m devastated to be honest because you work so hard and put your heart into it to try and build this. It’s really gutting that I could lose this if I can’t afford to do it. I feel like they’re trying to take everything away from you. I feel it’s just another way to make money from us. I just think it’s unfair. Nine months of working hard and it could go. I could lose it all.”
Sarah is fighting against the proposals for a trading licence and wants any decision made by the council to be fair to those operating a cake shed on their own property, not a street. The grandmother hopes the council decides not to charge cake shed operators, or for them to propose a lower fee that is proportionate to the days they operate. If she does have to obtain a street trading licence, she says it’s unlikely she’ll be able to afford to keep trading, as she tends to make from £60 to £100 a weekend.
Sarah, who cares for her parents from her home, says the cake shed had provided her with a flexible, additional income that she could balance alongside her caregiving. She added: “I just feel it’s unfair for us to pay that [trading licence] when we were never told about it in the first place.”
Another baker, Mel Houston, operated a cake shed from her garden in Harrietsham, but has since closed it down after learning the council may require her to obtain a licence. The dementia carer only opened the shed a few months earlier, once a week on a Sunday, as she said her kitchen is her “happy place”. The 51-year-old has a five-star hygiene rating, a level two food safety and hygiene certification and food safety allergen awareness, but was shocked to learn she could be fined for not having a licence.
“It was a bit of a kick in the teeth,” she said. “I shut it down straight away. I was deflated more than anything and upset for the residents as it brought the community together.”
If she had to pay the fees, Mel says the venture wouldn’t make sense financially, as she only operates once a week and the money also needs to cover the costs of ingredients and her time. She is hopeful she will be able to reopen if the council decides against imposing a street trading licence on cake shed operators.
Earlier this month the council said it was consulting on its Street Trading policy, and the licensing committee will consider the policy on June 11. A council spokesman said: “Street trading legislation can apply where goods are sold in locations accessible to the public, including in some circumstances from residential premises. However, this is not always straightforward and each case needs to be considered individually.
Street Trading Policy
“Maidstone council is aware of the concerns being raised by small-scale operators such as ‘cake sheds’. Many of these are low-level, home-based businesses that are already appropriately registered with Environmental Health, and we recognise the positive role they play within local communities.
“The council’s current Street Trading Policy was not designed with this type of activity in mind, and we accept that it can appear disproportionate when applied in these circumstances. As a result, we are actively reviewing the position to ensure the approach we take is fair, proportionate and supports small local businesses, whilst still meeting our legal obligations.
“Where enquiries are received at the moment, our focus is on providing advice and clarity, rather than enforcement. Any action would only ever be considered on a case-by-case basis, taking into account the nature and impact of the activity. For other examples, such as egg sales from residential properties, the same principles apply and it will depend on the specific circumstances, including the scale and nature of the operation.
“We would encourage anyone who is unsure to contact the council for advice.”
The rules differ depending on the local authority. In neighbouring Swale, the council takes a more relaxed approach to cake shed enterprises. A Swale council spokesman said: “We don’t have a policy that specifically covers selling homemade cakes from ‘sheds’ and using honesty boxes, and we are not currently applying our street trading policy to this activity.”
