4. Make Sure Your Social Enterprise Will Trade Legally
There are also many different rules and regulations that will or may apply when you are setting up a business, depending on the type of business you are setting up. This section highlights the main general types of legislation that you need to be aware of, and also informs you about some of the types of business to which special rules apply.
PLANNING PERMISSION
It is not always as straightforward as you might think to get premises and start your business! To trade legally you will need to ensure that you have acquired the necessary permissions, for example, if you want to change the use of premises e.g. turn a shop into an office or extend a building, you may need planning permission from the local authority.
If you intend leasing or buying premises for your social enterprise, and you intend to run a different type of business than was previously there (or if you intend to convert a former house to business premises), you should check with the planning service to see if you will need to apply for permission.
You may need to change the premises to suit your business for example build an extension, remove some internal walls etc. Generally any building work that significantly alters the outside appearance of a building e.g. an extension, will require planning permission. Even if you don’t need planning permission, any significant building work such as removing internal walls, will need to comply with existing building regulations – these are managed by the building control department of the local authority.
If the building is deemed to be of historical or architectural interest you may need to apply for listed building consent to your local planning service, this can be required for minor changes to décor as well! To make any such changes without the relevant consent is a criminal offence.
It is therefore advisable to ensure that you are aware of the relevant permissions required before you purchase, lease or amend your premises!
Further information can be obtained from:
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LICENSES
There are many general regulations that all businesses need to comply with but there are also some types of businesses you need a licence to operate in order to comply with special regulations that apply e.g. childminding or a café. The following information provides general guidelines as to the types of regulations that may apply to broad sectors, but there are a range of other businesses that are regulated e.g. manufacturing, farming, dog kennels and money lending. Further information and advice can be otained from Invest NI or the local enterprise agency.
Food
If you are, or intend to start, social enterprise that makes, handles or sells food, you will find that a host of regulations will apply from the design of your premises to food handling, storage and labelling. You will have to ensure that staff are trained in food hygiene and comply with these regulations to make sure that the food you prepare and sell is safe to eat.
If you intend to open a food business you must register with your local authority 28 days before opening. Depending on the type of business you intend to run, you might find that other legislation and regulations apply, the local environmental health department should be able to inform you of these.
For more information on food law, visit: www.food.gov.uk.
The Food Standards authority have also produced a useful information pack for those setting up a food related business called: “Starting Up: Your First Steps to running a Catering Business” which you can also order on that website. |
Transport Businesses
If you intend to set up a business that will be involved in transporting either goods (courier service) or people (taxi service) then you will need special licence.
If you are transporting goods using a vehicle that weighs more than 3.5 tonnes when it is fully loaded or more than 1.525 tonnes unloaded, then you will need an Operator’s Licence from DVLNI (Driver and Vehicle Licensing Northern Ireland.) Even if you are only hiring the vehicle or you will be transporting goods for one day – this license is required. Special regulations may apply depending on what goods you carry and/or where you carry them from and to e.g. livestock or hazardous substances attract special rules, as does transporting into different countries (export rules may apply.)
If you will be transporting people e.g. in a taxi you will also need a license and a special identification plate for the car to identify it as a taxi. This can be obtained from the Road Transport Licensing Division of DVLNI.
You will need special insurance cover and there are rules in place limiting the number of hours you can drive without a break and how you record these. You also need to observe rules and guidelines on vehicle maintenance to run your business legally.
Further information can be obtained from DVLNI: www.dvlni.gov.uk
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Health and Care Services
The regulation of health and care services in Northern Ireland is due to change in April 2005.
Currently, to operate a business where you look after people e.g. a childcare facility or a nursing home, you must register with the relevant authority, as follows:
Childminders and Daycare providers must register with Health and Social Services Trust.
Nursing and Residential Homes and independent healthcare establishments must register with the Registration and Inspection Unit of their local Health and Social Services Board. Nursing agencies and adoption agencies register with Dept Health, Social services and Public Safety (DHSSPS).
Massage Services and businesses involved in skin piercing (e.g. cosmetic piercing, acupuncture or tattooing) will generally require a licence from their local authority’s environmental health department.
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Entertainment and Leisure
Pubs, clubs, restaurants, hotels, shops and other premises selling alcohol need a licence from the local county court.
Further details can be obtained at: www.courtsni.gov.uk
Cinemas, theatres, night clubs, indoor sports venues, pubs playing music – all require a special licence. The fee will vary depending upon the size of the venue and the type of entertainment.
For more information visit: or www.direct.gov.uk. |
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