Kent and Medway business start-up pack a regulatory guide In this guide: Introduction .......................................................................................... 3 The Kent and Medway Better Business for All Partnership ............... 4 Who should I speak to? ........................................................................ 5 Part A: Planning ................................................................................... 7 Part B: Building Regulations ............................................................. 10 Part C: Fire Safety .............................................................................. 13 Part D: Trading Standards ................................................................. 15 Part E: HM Revenue & Customs ........................................................ 17 Part F: Licensing ................................................................................ 20 Part G: Food Safety ............................................................................ 23 Part H: Health & Safety ..................................................................... 26 Part I: Waste ...................................................................................... 30 Part J: Protection from pollution ....................................................... 33 Part K: Nuisance ................................................................................ 37 Part L: Employment ........................................................................... 40 Part M: Surviving unexpected incidents ............................................ 42 Part N: Other important issues ......................................................... 45 Introduction Better Business for All is a national scheme run This guide provides: through Local Enterprise Partnerships (LEP’s). It has been set up to encourage business growth by • an overview of the various legal requirements making business regulations easier to access and and responsibilities that your business may understand. need to be aware of and, The partners of Better Business for All recognise • points of contact for a range of regulatory that economic recovery is dependent on private services enabling you to obtain further sector growth and are committed to helping information and advice on complying with the businesses in Kent and Medway flourish. law. Getting compliance right first time aids success Additional information can also be found on the for your business, protection for your customers Better Business for All website: www.bbfa.biz and enhances Kent and Medway’s reputation as a Remember, the Regulatory Services are there good place to do business. to advise, inform and support the growth of your Kent and Medway Better Business for All business. As qualified professionals in their partnership has produced this guide on how to respective fields their expertise is a resource at ensure your business is compliant with the law. your disposal. 3 The Kent and Medway Better Business for All Partnership Better Business for All (BBfA) is a partnership The Kent and Medway BBfA partnership is proud between businesses and regulatory services to support local businesses by providing guidance that is designed to improve the way regulation in a variety of ways, helping them comply with is delivered in order to ease the burden on their statutory responsibilities and enabling them the local business community. It is open to all to become more economically competitive in a businesses, but especially SME’s (Small and difficult market. Medium Enterprises) and all regulators working with the local business community. Through the This guide provides: active participation of its partners the aim is to • an overview of the various legal requirements remove real and perceived barriers to growth. and responsibilities that your business may By understanding each other’s perspectives we need to be aware of and, can adapt our approach, tackle obstacles and find solutions. This will help create a safe and • points of contact for a range of regulatory fair trading environment that supports business services enabling you to obtain further growth, encourages fair competition and protects information and advice on complying with the consumers law. The Kent and Medway BBfA partnership was Additional information can also be found on the started in 2013. The Kent and Medway BBFA Better Business for All website: www.bbfa.biz has the support of all 12 District and Borough Councils, Medway Council, Kent Fire and Specific information for businesses operating Rescue Service, the Health and Safety Executive, in Kent and Medway can be accessed via the Environment Agency, KCC Trading Standards, regional Growth Hub — a single point of contact as well as Kent County Council and the Kent for business, financial and regulatory support: Economic Development Officers Group. It is http://kentandmedwaygrowthhub.org.uk/ also well supported by Kent Invicta Chamber of Commerce, the Federation of Small Businesses and Produced in Kent, as well as a number of individual businesses. Compliance with regulations is known to help business growth because: • Uncontrolled risks and expensive corrective costs are avoided. • Your business is better protected and its reputation can be enhanced • A gold-plated approach to compliance can be avoided. • Regulatory authorities can target their limited resources on businesses that do not follow the rules, creating a level commercial playing field and promoting fair and safe business. 4 Who should I speak to? Use these pages to see which sections you think you will most likely need to refer to: Premises gambling premises and machines, animal boarding and breeding establishments, riding • If you are looking for a new premise, looking establishments, zoo’s, pet shops, dangerous to expand or alter your existing premises wild animals, beauty treatments (such as or thinking about using your premise for tattooing, piercing etc.) hackney carriage more and different activities you may need (Taxis) and private hire operators, drivers to consider planning regulations (Part A) and vehicles, street cafes and street trading. and building regulations (Part B). Your local (Part F). authority planning department also controls the display of external advertisements. Running your business • Fire safety legislation applies to all • If your business idea relates to the supply, commercial premises and other buildings storage, production or sale of food or drink to which the public have access. Fire you will need to register your business with regulations (Part C) require that you your local authority food safety team. This is manage fire risk by undertaking a fire risk the case even if you are preparing food from assessment. home, as a one-off or for free distribution. It applies also to mobile businesses and Developing your Product or Service vending machines (Part G). • All businesses will need to be aware of • If you are employing people, or if your trading and consumer protection law premises are open to the public, you will (Part D). Trading Standards teams provide have to comply with health and safety law. a broad range of advice from weights and Whatever the size of your business, it’s your measures to packaging description and responsibility to make sure that anyone who labelling and more specialist areas for comes to your workplace stays safe (Part H). example consumer credit and distance and doorstep selling. • If you are producing any waste you will need to ensure that adequate arrangements for • All businesses will need to get to grips with managing the waste are in place (Part I). If business registration, record keeping, tax your business discharges waste to adjacent returns and VAT. HMRC can also provide land or water or into the air, you will need advice on employment issues such as PAYE, to ensure that the environment is protected NI, expenses and benefits, parental leave and from pollution (Part J). Permits or licenses sick pay (Part E). may be necessary. You will also need to make sure that you do not have a detrimental • Licenses may be required for a range of impact on the amenity of your neighbours. business activities. Local authority licensing You should ensure that your business does teams usually regulate a range of activities not suffer from pests and that any nuisances including the sale or supply alcohol, public such as noise, smoke, light and odour are entertainment and late night refreshment, controlled. (Part K). 5 • If you have, or are considering taking on, • There are other issues that businesses often any employees it is highly advisable that you ask about. The three most common ‘other’ have the necessary policies and procedures areas are protecting intellectual property in place from the start. ACAS are recognised (copyright, trademarks, patents and designs) as the primary source of best practice and the payment of business rates, and business impartial advice on employment issues. planning and access to finance (Part N). The ACAS service ranges from advice on contracts to payment structures and • The Kent and Medway Growth Hub was from redundancy procedures to anti- launched in December 2015. This is a single discrimination policies (Part L). point of contact for business, financial and regulatory support. For further support and • Any incident, large or small, natural, advice visit: accidental or deliberate, can cause major http://kentandmedwaygrowthhub.org.uk/ disruption to your organisation. If you are not prepared, your organisation