As the process of buying a business builds to exchange of contracts and then completion, researching of all legal requirements should be completed and be in place before trading starts. If not, each of the relevant authorities should be contacted as soon as possible after completion. It is recommended that you contact them and work with them, not the opposite.
Research can never be overstated, particularly with this very important subject. If you do nothing else, do this:-
- Registering of your Business - with the Council’s Environmental Services department
- Planning Consent and Building Regulations – if you want to consider changing the use of the premises or extending it, planning permission should always be checked. It must also comply with building regulations
- Fire Protection – Fire Risk Assessment necessary from 1st October 2006 replacing the Fire Certificate
- DDA - Ensuring easy access for disabled people by making reasonable adjustments to the property and the services provided
- Managing and transporting the waste and packaging produced from your business - this is your responsibility, yet good waste management can save you money
- Minimum Workplace standards – rules designed to ensure the comfort and safety of everyone in a working environment
- Health and Safety essentials – you need a Health and Safety policy if you have staff, and keep them up to date and involved with procedures. Contact the Council and obtain a free guidance copy for your Health and Safety folder with cut-out tags. This highlights each of the legislative requirements, although is not exhaustive. Obtain a copy of ‘An Introduction to Health and Safety’ from the HSE
- Fitness for Purpose – Helping hotels, guest houses and self catering establishments to raise standards in health & safety, fire and food safety, and trading standards
- Insuring your employees – against claims arising from illness, diseases and injuries staff may pick up as a result of working for you
- Public Liability Insurance – this covers you for any damages that a member of the public may result of injury or damage to them or their property caused by your business. It also covers other expenses to do with defending any claim
- Reporting incidents - an accident report book should be kept to record serious injuries, diseases or dangerous incidents
- Licensing – do you need a premises and personal licence?
- Food Safety Act – Basic Food Hygiene training is a legal requirement, it is always recommended that a certified course be attended
- Computers and Employees – IT equipment needs to be used safely by anybody who uses it
- Gas and Electrical certificates – all gas appliances require CORGI certification, and all electrical installations need to comply with IEE Regulations
- Business Rates – When you start your business, you will, depending on the size of business, have to pay Business Rates in addition to Council Tax
- VAT – Value Added Tax is a tax on the sale of goods and services, not on profits. Businesses must register for VAT if they exceed the threshold, and keep full and accurate records
- Inland Revenue – Your employment status must be defined to ensure you are correctly taxed – remember it is your responsibility to carry out self assessment
- Data Protection – If you hold on paper or in an electronic form about employees, guests or other business contacts, what you do with it is covered by the law
- Risk Assessments - Risk Assessments are required by law even if you do not employ anyone. They are a careful examination of what, within the business environment, could cause harm to people. You will need to weigh up whether you have taken enough precautions or do more to prevent potential harm. The aim is to make sure that nobody gets hurt or becomes ill. The important things to decide upon are whether a hazard is significant and whether you have it covered by satisfactory precautions so that the risk is small. Contact the Fire Brigade for a suggested guide to the content of a Fire Risk Assessment. This can be used as a basis for your own Risk Assessment. Other Risk assessments can also be written from this Audit guideline
- EU Directives – Changes in the legislation and the EU Directives. These are continuously being adopted and adapted, and it is incumbent upon you to keep up to date – remember ignorance is now no longer an excuse
You can get further information about Legal Requirements from the following sources:
Local Authority: –
- Health and Safety - Tel. 478315
- Trading Standards - Tel. 478395
- Licensing - Tel. 477477
- Planning - Tel. 476229
- Environmental Services - Tel. 478336
Fire Brigade:-
- North Shore/Forest Gate - Tel. 302522
- South Shore - Tel. 343071 or 349387
Accountants
Solicitors
Catering Colleges/Training providers
HM Revenue and Customs – http://www.hmrc.gov.uk/ - 0845 010 9000
Federation of Small Businesses – http://www.fsb.org.uk/ - 01253 336000
Business Link – http://www.businesslink.gov.uk/ - 0845 600 0996
Health and Safety Executive – http://www.hse.gov.uk/ - 0845 345 0055
Food Standards Agency – http://www.food.gov.uk/ - 0845 606 0667
Data Protection – http://www.informationcommissioner.gov.uk/ - 01625 545 745
Fitness for Purpose – http://www.culture.gov.uk/