What is a Private Limited Company? (A Guide!)
A Private Limited Company in the UK is a specific business entity that offers its owners limited liability. This means that the financial responsibility of the company’s members is limited to the value of the shares they hold that have not been paid for. This structure is designed to protect the shareholders’ personal assets, limiting […]
Understanding Insolvency Rules 2016 (A Guide!)
The insolvency Rules 2016, formally known as The Insolvency (England and Wales) Rules 2016, came into effect on 6 April 2017 and represented a significant overhaul of the UK’s insolvency legislation. These rules consolidated and updated the procedural framework governing insolvency processes in England and Wales, replacing the Insolvency Rules 1986 and their numerous amendments. […]
TUPE Transfer Guide 2024
The TUPE (‘Transfer of Undertakings’) regulations protect the rights of employees if the organisation they work for changes ownership through, for example, a merger or sale. TUPE also applies if an outsourced service, such as office cleaning, catering or security, is due to be taken over by a new contractor. Under the TUPE regulations, where […]
GDPR Checklist (and How to Comply!)
If you are responsible for collecting and handling personal data you will need to understand how the General Data Protection Regulation (GDPR) applies to you, and how to remain compliant with the new law. The following GDPR checklist provides essential guidance on how to comply. GDPR Checklist The GDPR is based on the […]
The Role of the Designated Premises Supervisor
What is a Designated Premises Supervisor? Under the provisions of the Licensing Act 2003, with the exception of certain community premises, every premises licence that authorises the sale of alcohol must specify a Designated Premises Supervisor (DPS). A Designated Premises Supervisor is usually the person who has been given day-to-day responsibility for the running […]
Licence Holders & the Anti-Social Behaviour, Crime and Policing Act 2014
Under the Anti-Social Behaviour, Crime and Policing Act 2014 the police or local authority have the power to close premises quickly, including licensed premises, which are being used, or are likely to be used, to commit nuisance or disorder. Moreover, if there is a risk of recurrence, the court has the power to grant an […]
What is a Personal Alcohol Licence?
A personal alcohol licence is required by anyone authorising the sale of alcohol from licensed premises. The following guide looks at who can apply for a personal alcohol licence, how long it lasts, how much it costs and how, in some cases, your licence can be suspended, revoked or surrendered. What is a personal […]
What is the BIIAB Award for Personal Licence Holders?
BIIAB is the awarding body of the British Institute of Innkeeping (BII), the professional body for the licensed retail industry. It specialises in work-based learning, providing a range of commercial vocational qualifications, including the BIIAB Level 2 award for Personal Licence Holders. What is the BIIAB Level 2 award for Personal Licence Holders? […]
Licence to Occupy or Lease?
A licence to occupy can provide a property owner with a quick, easy and flexible way of letting out commercial premises, or even a room in their own home, avoiding the formalities and legalities of a commercial lease or residential tenancy. However, it is important to know how licences work, legally speaking, and when these […]
Associative Discrimination (Advice For Employers)
By law, you should not treat any member of staff or job applicant unfairly by reason of a protected characteristic, such as their age, gender, a disability, race or religion. This includes not treating them unfairly because of any association with another individual who possesses one of these, or any other, protected characteristic. The following […]
What are the Data Protection Act 8 Principles?
The Data Protection Act (DPA) controls how businesses, the government and organisations use individuals’ personal information. Data controllers and data processor must ensure they adhere to the strict rules known as The Data Protection Act 8 Principles. What are the 8 DPA Principles? The DPA Principles require that the controllers and processors of individuals […]
Overview of the Data Protection Act UK 2018
In May 2018, the Data Protection Act 2018 came into force alongside the new General Data Protection Regulations (GDPR). The aim of the Data Protection Act UK is to modernise UK data protection laws in conjunction with the GDPR and to ensure these laws will continue to be effective in the future. How are […]
What is a Commercial Lease Break Clause?
A commercial lease break clause enables either the landlord, tenant, or both to end the lease early either on specified dates or at any time during the term. There are many reasons why tenants may be unsure about committing to long term leases, particularly in a challenging economic climate. They could be a new business, […]
How to Apply for a Premises Licence
Under the Licensing Act 2003 (England and Wales) and the Licensing (Scotland) Act 2005, a premises licence must be obtained to carry out certain prescribed licensable activities, including the sale of alcohol and the provision of regulated entertainment and late night refreshments. How to apply for a premises licence An application for a […]
Guide to the Licensing Act 2003
The Licensing Act 2003 governs the sale and supply of alcohol and late night refreshments and the provision of regulated entertainment in England and Wales. Under the 2003 Act the responsibility for the administration and enforcement of licensing rests with local authorities, acting through licensing committees. The responsible licensing authority must at all times seek […]
Heads of Terms in Commercial Property Transactions
Heads of terms are used in commercial property transactions to set out the key terms expected to form part of the deal. Heads of terms help identify any issues which could prevent the success of the transaction as well as providing a guide for the lawyers when the formal, legally binding documents are prepared. While […]
Security of Tenure for Business Leases
When securing new premises, the future preservation and success of your business may hinge upon your security of tenure. Legal advice should always be sought prior to entering into a new business lease, as well as in relation to any security of tenure issues that may arise during the course, or upon expiry, of an […]
Taking on a Commercial Lease
If you are a tenant looking to lease new business premises there are numerous issues to consider, not least your legal rights and responsibilities. Some of the most frequently asked questions relating to commercial leases are set out below. What is a commercial lease? A commercial lease is a legally binding document setting […]
Breach of a Commercial Lease (What to Do!)
Both Landlords and tenants can be found in breach of a commercial lease under either the Law of Property Act 1925 or Landlord and Tenant Act 1954 if they fail to meet one of more of the lease covenants. When a tenant has breached the terms of their commercial lease, landlords can respond through serving […]
Commercial Lease Notice to Vacate
When a commercial lease is in place the tenant normally holds the right to remain in occupation until the lease expires. However, as a landlord there are some circumstances where you can take back the premises during the term by issuing a commercial lease notice to vacate. Tenants will often challenge a notice to vacate […]