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	Torbay Council
	Town Hall Castle Circus Torquay TQ1 3DS
	fss @torbay.gov.uk
	01803 207201
	01803 207121

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Health & Hygiene - Frequently Asked Questions

Is there a maximum or minimum temperature in workplaces?

There is no maximum as the Health & Safety act of 1974 requires that 'during working hours' the temperature in all workplaces inside buildings shall be reasonable. However, there is a minimum. The Workplace Health & Safety Welfare Regulations of 1992 states temperature in the workplace to be at least 16 degrees Celsius unless much of the work involves severe physical effort in which case the temperature should be at least 13 degrees Celsius.

Can I run a food business from my home?

You will need approval from two departments. If the business constitutes a 'change of use' you will need to apply for planning permission. Your home will also need to comply with the same food safety standards as any food premises, and be inspected by food safety officers. Please feel free to contact these two departments for more in depth advice.

The corner shop I use is not very clean or tidy - Can the Council send someone round to inspect it?

Inspections are programmed according to risk. In order to direct resources where they are most needed. Visits outside the inspections programme will usually only be made if there is a risk to health.

Can the Council close down my food business if I do not comply with hygiene standards?

Yes, but conditions in the business have to be very poor, e.g., very dirty premises or a serious pest infestation, and we have to prove in court that there is a real risk to health from the premises. In most cases we prefer to help businesses to comply with the regulations and trade successfully.

Is it illegal for a shop to have out-of-date food on display?

Not necessarily - what matters is the condition of the food when it is sold. Some date marking is only for guidance (Best Before) but food, which has a 'Use By' date should not be eaten.

How do I complain about an item of food I have bought

Contact the food safety team with the Environmental Health Department. They deal with many cases of this kind, including foreign bodies in food, mouldy food and food which is not what it claims to be on the label. You will be asked to bring the food to our office and provide details to our officer. If the food is perishable, please refrigerate or freeze it if you can't get it to us quickly.

My Neighbour is always having bonfires and it is annoying me, is there anything I can do about it?

It is not illegal to have a bonfire. However bonfires become illegal if they cause a nuisance to others. The burning of garden waste can be both unpleasant and a risk to health, particularly to those with respiratory problems. Smoke can contain carbon monoxide as well as other noxious, irritating and carcinogenic compounds.

The Environmental Protection Act 1990 makes smoke pollution an offence. An owner-occupier or person responsible for the nuisance will be served with a smoke abatement notice preventing further nuisance. The Clean Air Act 1993 makes emissions of dark or black smoke from the burning of trade waste an offence for which the Council can take legal proceedings.

If the Council is to take action it must be satisfied of a nuisance. For example, the bonfire must significantly interfere with the enjoyment of your garden or house. This may occur if you regularly need to close doors and windows or are regularly prevented from spending your time in your garden.

Firstly approach your neighbours and politely tell them how the bonfire is affecting you. If the smoke nuisance continues to be a problem you may contact us for more help or advice