What are the rules for setting up a dark kitchen in the UK? There is no national dark-kitchen rule, but planning, food registration, hygiene ratings, allergens and late-night licensing all still apply. On screen: the Use Classes Order, a 2022 Birmingham planning appeal, the 28-day registration rule, FSA survey figures on hygiene ratings, the two-stage allergen rule and Licensing Act 2003 Schedule 2.
What the film covers
- The kitchen that pays a restaurant's costs and rents its customers
- What counts as a dark kitchen, ghost kitchen or virtual brand
- Is there a national regulation of dark kitchens?
- Planning: the use class turns on facts
- Food registration and the hygiene rating for a delivery-only brand
- The rating a guest sees before ordering
- Allergens when nobody sees the dish being ordered
- Licensing: late-night hot food and alcohol delivery
Questions the film answers
- What is the regulation of dark kitchens in the UK?
This research found no national dark-kitchen rule. Planning treats the use case by case, and the Use Classes Order does not mention dark kitchens. Food registration, allergen, licensing, consumer, packaging and waste rules apply as they would to any food business selling at a distance. Ask the council about planning before signing a lease.
- Do I need planning permission for a delivery-only brand?
It depends on the facts, and the council decides. A 2022 Birmingham appeal treated one dark kitchen as sui generis, but that is one decision on its own site. For a brand run from a registered restaurant kitchen, ask the planning team in writing whether the way of trading changes the lawful use.
- Do I register again for a delivery brand?
Tell the local authority about a new delivery service. The FSA guidance says several trading names can sit on one registration, and that registration is free and can't be refused. For a new site, register at least 28 days before trading.
- Does a delivery-only kitchen get a hygiene rating?
The two exempt groups in the scheme guidance are low-risk businesses such as newsagents selling pre-wrapped goods and childminders. A kitchen cooking hot food for delivery is not described in either. In England displaying the rating is optional; in Wales and Northern Ireland it is required.
- What must I tell customers about allergens when they order online?
Allergen information must be provided at two stages: before the purchase is completed, and when the food is delivered. The first can be on the menu or website, and the second can be a sticker on the food, an enclosed copy of the menu, or an oral statement by the driver.
- Do I need a licence to deliver after 11pm or to deliver alcohol?
Supplying hot food or hot drink between 11.00 p.m. and 5.00 a.m. is late night refreshment, on or off the premises, subject to exemptions. Alcohol sold online is treated as sold where it is appropriated to the contract, and that premises needs the licence. Ask the licensing authority about riders and late hours.