Posted by Andrew Bartlett May 27th, 2011, in Licensing
The general rule is that only licensed premises can sell alcohol, for example, pubs, clubs, and supermarkets, but there are times when you want to run an event away from such venues – a village hall, a marquee in the garden, or a village fete.
Such events can be licensed by a Temporary Event Notice (affectionately known as a ‘TEN’). In theory, the procedure is relatively simple – you fill in a form, post it off with the appropriate cheque and, provided that the police do not foresee any problems with the event, the TEN is granted. There is no qualification needed to apply for a TEN (but there are limits on the number that you can apply for) and anyone over the age of 18 can apply.
In practice the process is a more complicated. To start with the form can appear quite complex and it’s not unusual for one off applications made by the public to be delayed due to errors, potentially putting events under threat. Secondly, it always pays to check that the police are not likely to object. This can usually be done with a single phone call, but it can be off-putting to voluntarily speak to the police. (more…)
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Posted by Owen McKenna May 20th, 2011, in Property
In the current property market, property owners are looking to their assets to see how additional income can be generated without significant cost. One option is the lease of roof space for the installation of micro generation technology, such as a wind turbine or solar photovoltaic panels, to generate income under the Feed In Tariff (FIT). Below we look at some of the practical and legal issues to be considered when assessing the suitability of a building for a lease of this nature:
Where will the technology be sited and how will it connect to the National Grid?
The landlord needs to understand which parts of the building will be affected by the installation, for example where the cables will run, how many meters there will be, and how these will be used, monitored and measured. This highlights a number of legal considerations as I will discuss further on.
How will the tenant get the technology into position?
If a crane is needed, it may have to stand on third party land which will require the necessary consent to be obtained. Also consideration will need to be given to a crane licence. It’s worth noting too that the tenant may need similar on-going access for a crane to carry out maintenance work and as a landlord this may have to be offered on a guaranteed basis. (more…)
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Posted by David Filmer May 12th, 2011, in Mergers and Acquisitions
While the first few months of 2011 have provided some encouragement in terms of economic recovery, unfortunately there are still some businesses which have not been able to survive the recession, and have become insolvent.
For those more buoyant businesses, this may provide opportunities to snap up a bargain. There are, however, certain things to bear in mind when buying an insolvent company.
The Administrator
Usually where an insolvent company is available for sale, it will have gone into some form of administration, and as such it will be the administrator, and not the directors, who will be running the company. A prudent buyer should therefore take steps to ensure the administrator has been properly and validly appointed, either under the terms of the court order, or the security documentation. (more…)
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Posted by Communications Director May 10th, 2011, in HD news
We are looking for a commercial property solicitor to join our expanding commercial property department.
If you’re an enthusiastic team player with a proactive, problem solving approach, and an ability to work on your own initiative, this could be a great opportunity for you.
We’re looking for the suitable candidate to have 2-3 years’ Post Qualification Experience – ideally with a regional firm – with experience in drafting and negotiating a range of property documents. (more…)
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Posted by Roger Spence May 6th, 2011, in Employment Law
The Ministry of Justice has recently published new guidance on the procedures commercial organisations should put in place to ensure they fully comply with The Bribery Act 2010, which comes into force on July 1 2011.
One of the main issues for commercial organisations is to ensure they have an adequate anti-bribery procedure in place that all employees and associates should follow. This procedure, if adequate, will provide a defence to the company if it is charged with failing to prevent bribery.
The guidance sets out six guiding principles commercial organisations should follow in order to prevent persons associated with them from committing bribery. (more…)
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Posted by Rachel Conroy May 2nd, 2011, in Wills, Probate and Trusts
While there were no sweeping changes to Inheritance Tax announced in this year’s Budget, Chancellor George Osborne did reveal that from April 2012 the Inheritance tax rate would be cut from 40 per cent to 36 per cent where an individual leaves at least 10 per cent of their estate to charity.
This allowance is in addition to the exemption that already exists that means any gift to a charity is free of Inheritance Tax.
To give you an example of how this works in practice, consider the following example: (more…)
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Posted by John Chesworth Apr 27th, 2011, in Dispute Resolution
We’ve seen and heard much in recent days about the rising use of injunctions to ‘gag’ the press, but what exactly are they?
Put simply, an injunction is a court order requiring the person, or people, on the receiving end to refrain from doing certain unlawful acts.
An injunction is usually granted after the unlawful act has been committed. However, where it can be demonstrated an unlawful act is about to be committed, a court can grant an injunction to prevent it from being committed in the first place.
Injunctions are in the news because they are increasingly being used to prevent the publication of news stories relating to the private lives of public figures. However, they have also been used to ‘gag’ the press from reporting adverse stories regarding companies, most notably Trafigura which in 2009 sought to prevent the Guardian publishing details of a report that it had commissioned into a toxic-dumping incident in Ivory Coast.
The first thing a claimant seeking an injunction must persuade the court is that an unlawful act is about to be committed. Looking at celebrities and their private lives, injunctions are sometimes granted if the claimant can argue a story about to be printed is untrue and will cause damage to their reputation, because publication could amount to defamation. (more…)
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Posted by David Filmer Apr 20th, 2011, in Mergers and Acquisitions
Management buyouts (MBOs) are a good way to plan for succession when owners of a business are looking to take a step back, giving greater continuity to the business. For business owners in that position, here are some key issues to consider before, during, and after an MBO.
Preparation, preparation, preparation
MBOs can cause significant upheaval to a business, and anything which can be done to streamline the process is a bonus. Ideally, owners should be grooming their management team leading up to an MBO, from any time up to five years in advance. This would involve identifying relevant people with appropriate skills to take on the business, integrating them into the management of the business, and giving them significant exposure to the key contacts of the business, to ensure a smooth handover.
Financial Planning
The key to a clean MBO is getting the financials right. The exiting owners should consider what value they want to extract from the business, and how they want to get it, for example, a lump sum, an earn-out period, or other staged payments. (more…)
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Posted by Claire McCraith Apr 14th, 2011, in Wills, Probate and Trusts
While reading a recent issue of the Which? magazine I was intrigued to read an article on Lasting Powers of Attorney (LPA).
The article set out various advantages of making a LPA and encouraged the reader to make an LPA.
An LPA is a legal document which allows you to appoint a person, or people you trust, to look after your affairs should you ever be incapable, either physically or mentally, of doing so. It can be restricted to your business affairs or it can include your personal affairs too.
While I fully agree with the many advantages of making an LPA the article discussed, I was concerned when it was suggested that forms could be downloaded from the internet for completion without professional advice. (more…)
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Posted by Communications Director Apr 12th, 2011, in Case studies, Mergers and Acquisitions
(Pictured L-R David Filmer of Harrison Drury Solicitors, with David Jones and Philip Mart)
A historic Lancashire trout farm is set for expansion after being purchased in a management buyout (MBO) for an undisclosed sum.
Dunsop Trout Farm, which was established at Dunsop Bridge, Clitheroe, in 1926, has been purchased by Philip Mart and David Jones from previous owners, the Birtwistle family.
Dunsop Trout Farm is one of the oldest in the UK and acts as a restocking farm for brown and rainbow trout, replenishing fish supplies in rivers and reservoirs used by angling clubs. The business has three employees.
Philip, who has been managing the farm since 2000, said: “We currently produce around 45 tonnes of fish annually for restocking, but we want to grow the business. As part of this buyout we are looking to increase production, as well as exploring other expansion opportunities including a smoking house and farm shop, which would allow us to move into retail too.”
Philip and David were advised on the purchase by the mergers and acquisitions team at Harrison Drury Solicitors. (more…)
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