From Lattes to Lettuce: M&S Shifts Focus from Café Culture to Fresh Food Retail
By Julie Gowland, Partner and Head of Licensing within the Regulatory and Corporate Defence Team at Birketts LLP (www.birketts.co.uk)
Marks & Spencer’s decision to close 11 of its in-store cafés is more than a logistical update; it’s a strategic pivot that reflects changing consumer habits and a broader shift in the UK retail landscape. As part of a £300 million investment programme, M&S is repurposing café spaces to expand its fresh food offerings, aligning with a growing demand for convenience and healthier choices.
This move signals a deeper transformation in how food businesses operate, with implications not just for large retailers but also for independent cafés and hospitality venues.
The trend is particularly driven by Generation Z, whose interest in health-conscious living has reshaped food preferences. For example, Gen Z consumers are nearly twice as likely to claim they “always eat healthily” compared to the general population, and 50% say they choose food based on its energy and protein content. [ahdb.org.uk]
What this means for small cafés
If you’re running a café, now might be the time to consider diversifying your offerings to include fresh products – whether that’s locally sourced fruit and veg, grab-and-go salads, or packaged healthy high-protein snacks.
But with opportunity comes responsibility.
Transitioning from a hospitality-only model to one that includes retail food sales may increase the additional safety risk and so increase new regulatory requirements.
• Notify your local authority: ensure your local authority has up-to-date information about your food business. This may trigger an initial inspection to assess whether the changes introduce new risks to your food production processes.
• Update your risk assessment: review and revise your Hazard Analysis and Critical Control Point (HACCP) procedures or HACCP-based Food Safety Management System.
• Inspections: You’ll still be inspected by local Environmental Health Officers, but adding a retail element may mean more frequent and detailed checks. These will focus on food traceability, labelling, and storage.
• Comply with labelling laws: packaged foods must comply with strict labelling laws, including allergen declarations, nutritional information, and country of origin.
• Secure appropriate licensing: you may need additional retail food permits, especially if selling pre-packed goods or fresh produce. This is separate from your standard café licence and must be registered with your local authority at least 28 days before trading.
• Maintain robust records: you’ll be required to maintain detailed records of suppliers and distribution channels for all fresh products, ensuring full traceability in case of recalls or audits.
Need help navigating the shift?
Staying compliant not only protects your business but also builds trust with your customer base. If you’re a business looking to adapt to the ever-changing market, Birketts specialist lawyers can support you from a food regulatory standpoint.