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High street bakery chain Greggs could be forced to build toilets in ALL its stores after losing a High Court legal battle.

The move comes after Hull City Council won a legal fight against the company over the provision of sanitary facilities.

The ruling could see toilets installed in all of Gregg's 1,650 stores in the country.

Hull City Council began its legal battle after an earlier ruling said the chain did not need toilet facilities as it served simple takeaway food.

The move was initially opposed by Newcastle City Council - Greggs' home local authority - which argued the bakers did not need toilets.

But Hull City Council launched legal action, claiming Newcastle City Council's opposition to the move was preventing them from enforcing toilet provision in Greggs' stores.

The ruling could potentially see toilets installed in all Greggs' stores across the country.

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(Image: Getty)

Mr Justice Kerr ruled in Hull City Council's favour after analysing evidence at a High Court hearing in Leeds.

He said the case raised "difficult and important issues".

Ministers say they want the Court of Appeal to consider the case.

Hull council took legal action after Newcastle City Council gave guidance relating to toilet provision in food outlets which was approved by the Department for Business, Innovation & Skills' Better Regulation Delivery Office.

Officials said the Better Regulation Delivery Office's approval meant that outlets like Greggs - where "simple takeaway food was sold" but some seating was provided for customers who preferred to stay - "need not provide" toilet facilities.

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(Image: Chronicle Live)

Lawyers representing Newcastle council, the Department for Business, Innovation & Skills, and Greggs argued that provision at food outlets should be based on a predominant trade test.

They said if "takeaway trade was predominant", food and drink would not "normally" be sold for consumption on the premises, and owners should not be required to provide toilet facilities.

Hull council said that approach could not be right, and officials said such an interpretation gave the two Greggs bakeries in Hull an "unlawful and unfair" commercial advantage.

Mr Justice Kerr said Hull council's claim was "well-founded" and the advice given by Newcastle council was "flawed".

He said he would quash the Better Regulation Delivery Office's decision to approve Newcastle council's guidance.

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(Image: PA)

"The construction adopted by Newcastle is completely unsustainable," said the judge.

"It is obvious that if a person sits down in a Greggs outlet at the seats provided and proceeds to eat a pasty and a fizzy drink just purchased at the counter for that purpose, that is a normal use of the premises.

"The fact that most customers take away their purchases, and those who stay do not normally stay long, does not change that.

"The construction which looks to the predominant type of trade (sit-down or takeaway) is obviously wrong. It would mean that a cafe with, say, 25 tables, which also does a roaring takeaway trade, doing more business for off-site than on-site consumption, could not

be required to install toilets for those brave enough to sit down for a drink."

He said: "The case raises difficult and important issues arising from a novel statutory method of local authority regulation."

A Department for Business, Innovation & Skills spokesman said: "We have lodged an appeal."

Greggs spokesperson said: "This is the first time the statutory Primary Authority scheme as set up in 2008 has been challenged in the courts.

"Until this matter has been finally determined by the courts it would not be appropriate for us to comment."