18/05/2024
LOO-DICROUS.
NNDC strike again. Our cafe, No.17, has been threatened with enforcement and eventually closure if:
A: We don’t provide a customer toilet or
B. We don’t remove seating.
Simply put, there is no where physically to build a toilet in our premises. We don’t have any spare space whatsoever.
Likewise, if we remove seating from the limited amount of seating we currently have, there would be no where for visitors to enjoy their purchase when the weather is against us, which let’s be honest, is most of the time.
The rules state that if a premises has more than 10 seats, it MUST provide a customer toilet. If you have visited, you will know we have exactly 10 seats indoors and 8 temporary seats outside. NNDC is classing the 8 outdoor temporary seats as permanent even though they aren’t used in the winter months. If we take away the seats indoors, this would effect the business dramatically during the winter months as we rely on those customers who come in and grab a coffee and a bite to eat whilst sheltering from the weather. Further to this, we had some lovely local people coming in just to warm up during winter as they simply couldn’t afford the heating on at home due to the cost of living crisis we are all facing.
NNDC have sighted that “we should have known this ruling before we set about starting a food business”. We pointed out that we tried to contact NNDC on 3 separate occasions before opening desperately trying to get help and assistance on all aspects of compliance to make sure we did the right thing from the beginning. Opening a food business is an absolute minefield with regard to compliance, the amount of rules and regulations are exhaustive and at no point anywhere during our own research did we find anything regarding the 10 seat or more customer toilet policy. Karen Baker (Environmental Health Officer) herself admitted there are so many rules and regulations, it would be very difficult to list everything. Karen also stated that enforcing the toilet policy was taking up a significant amount of her time. (Wouldn’t her time be better spent making sure food businesses were actually complying with food safety? Getting that wrong could kill somebody, not having a toilet won’t?). So even though we tried to get advice and received absolutely no support whatsoever from NNDC, it’s still our fault. Just to point out, THE VERY FIRST CONTACT we had from NNDC was on 21st September, nearly a full month after opening. Thankfully for our customers we received a 5 star hygiene rating, but the council didn’t know that was going to be the case.
We have pointed out that we have a public toilet just 20 paces across the road however we have been told by Emily Capps (Assistant Director of Environmental and Leisure services at NNDC) that this toilet might face closure in the future so cannot be relied upon. This was obviously more news to us and yet another concern for the village, especially when all you seem to read about is the council spending millions on updating and building important new public conveniences. Maybe the one in Mundesley isn’t quite so important?
NOW HERE’S THE CLINCHER.
Under this policy, NNDC do have the power to provide exemption to this rule if “it would be impractical to apply these standards”. There has never been a case where it would be more impractical to enforce this ruling.
1. There is physically no where to put a toilet in our premises.
2. We don’t have more than 10 permanent seats.
3. We have a perfectly useable toilet just 20 paces from our front door.
So sadly, if NNDC decide to carry on with enforcement in pursuit of following impractical bureaucracy, even though we did everything before we opened to try and get everything right, it will sadly mean the end of No.17 cafe in Mundesley. Our 2 full time employed members of staff will be jobless and yet another important asset for the village gone and another boarded up window in the village. NNDC will be the sole reason our business is forced to shut, EVEN THOUGH they have the choice to not force us to make this decision. Their argument of “we should have known” doesn’t wash in this case. We TRIED to get assistance but didn’t see or hear from a single sole from the council for well over a month after opening.
I have approached Duncan Baker for assistance in the matter. He has been most helpful and very proactive in less than 24 hours (over weekend days) but despite his intervention, NNDC are standing strong. Just to be clear, his view is that this decision is “Wrong”.
Needless to say, this situation has severely affected my mental health. I haven’t slept properly and my anxiety levels are through the roof since our visit from environmental health while our small business that we have worked tirelessly to get off the ground is under threat.
I asked Emily Capp if she was happy to stand by her decision not to offer exemption in this case knowing that
1. 2 full time jobs, their wages and associated pensions were at risk as well as the loss of several part time jobs.
2. Yet another small business would close in a village that is desperate for growth.
3. The people that used the cafe in the winter to keep warm would no longer be able to in the future.
She replied, “I can’t just offer you exemption because you’re a good sort. If I gave you exemption, I would have to give exemption to everyone. We have to deal with the complaints from members of the public calling in to complain about premises who don’t have customer convenience facilities”.
Surely exemption should be given to any small business, not just mine, where if it’s not practical to build a toilet in an existing building, least of all the significant cost that would be involved to a small business owner who undoubtedly will already be trying to make ends meet just to keep the doors open. We can barely afford to pay our bills let alone start taking on massive construction projects just to satisfy the desire of the council upholding nonsense framework. And we wonder why we have boarded up shop fronts up and down the country.
This situation is nothing short of ridiculous. Once again, OUR council CHOOSING to make it impossible to just get on and make a living.
Maybe you would like to drop Emily Capps a line with your thoughts on the matter, be it the potential closure of the cafe or the possible closure of the public toilets. I will point out she doesn’t seem too keen on complaints coming in from the public about businesses with a lack of toilet facilities so I doubt she will to be keen to receive complaints about her decisions potentially closing yet another small business.
Her email:
[email protected]
