Guide 9 min read
1. Your local authority
Your local authority is responsible for facilitating a range of services, regulations and levies. These include collecting business rates and approving planning applications, enforcing health, safety, environment and trading standards requirements, and issuing parking permits.
Local authorities are also responsible for issuing premises licences to businesses who supply alcohol, provide entertainment, or late night refreshments.
Many local authorities also offer business-support services to encourage economic development and regeneration.
2. Collection of business rates
Local authorities are responsible for collecting business rates which are usually payable by the occupiers of non-domestic properties such as shops and offices.
Your council will normally send your rates bill in February or March. It sets out your payments for the year ahead and details the calculations.
You'll normally be asked to pay in ten monthly installments - the bill should set out the amount and timing of each one.
If you can't pay an instalment or have a query about your bill, it's important to contact your local authority immediately. You may be able to agree to reschedule payments.
Never simply ignore a bill. The council may take action against you, resulting in you having to pay more, and ultimately you could face court action.
3. Planning and building regulations
Your local authority is responsible for considering and enforcing planning and building regulations.
Before beginning any building work or changing how a building is used, you need to check whether any of the following apply:
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Building regulations: building work often has to conform to building regulations, regardless of whether planning permission is needed and your local authority has responsibilities for monitoring construction work and carrying out inspections to check compliance with these rules.
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Planning permission: if you are changing how a building is used or developing a new structure you may need planning permission.
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Listed building consent: if you are altering premises internally or externally that are listed as being of architectural or historical importance, you will need to apply to the local authority for listed building consent as well.
Before submitting any applications, take time to understand the process and consider whether it is worth speaking with them directly, to ensure you supply the correct information with any application.
4. Licensing and permits
Local authorities have a range of responsibilities for licensing and issuing permits for certain types of business. It can take a long time, perhaps a year to obtain a licence. If your request is declined you may be able to appeal.
Once you have a licence or permit, you will need to follow any rules around displaying it, and make sure you renew it before it expires.
Premises licence
All businesses that supply alcohol, provide public entertainment events consisting of singing, dancing or a display of indoor sport, and those providing late night hot food and drinks, must operate with a premises licence from their local authority.
Such venues include:
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pubs and bars
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cinemas
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theatres
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nightclubs
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night cafes.
Businesses that serve alcohol under a premises licence must appoint a designated premises supervisor who must hold a separate personal licence to supply or authorise the sale of alcohol.
Taxi and private hire licence
Taxi and minicab drivers and firms also need to obtain a licence from their local authority, including Uber drivers. If you need a licence, apply as soon as you can before you want to start trading. The necessary police checks and road-knowledge tests can take some time to complete.
Other business licences and permits
Licences or permits may be needed for:
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massage services
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businesses that pierce the skin, such as tattooing, cosmetic piercing and acupuncture
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businesses related to animals such as pet shops, boarding kennels, and riding centres
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scrap-metal dealers
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sex shops
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street traders and market operators
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short term lets.
Your local authority should also be able to advise you on whether your business needs a licence, and how to go about getting one if it does.
5. Trading standards
Your local authority's trading standards department is responsible for enforcing laws in areas such as:
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weights and measures
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trade descriptions
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consumer credit
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product safety
They can inspect trade premises in the local area to ensure compliance. They can also provide you with information and assistance to help you comply with the law - heading off problems before they arise.
If a customer complains that you have breached trading standards law, your local trading standards service conducts an investigation. You must co-operate fully with their enquiries.
Trading standards departments have a range of options if they find you have breached the law - such as giving you advice, issuing an enforcement notice to prosecution.
6. Health and safety
Your local authority's environmental health department has responsibilities for enforcing health and safety law.
Food safety
It carries out routine inspections of businesses which make, handle or sell food and is also responsible for investigating complaints from members of the public about contaminated food.
You must register any new food business with your local authority 28 days before opening. If you distribute certain types of food you may also need to register with Food Standards Scotland.
Reporting health and safety incidents
Businesses are required to report certain types of accidents or incidents to the environmental health department or the Health and Safety Executive (HSE).
Environmental health departments are responsible for inspecting businesses to ensure compliance. Officers can enter your workplace without notice to undertake an inspection or investigate complaints and serious accidents.
If inspectors discover breaches of the law, there's a range of action they can take. For minor problems they might simply suggest ways you could improve your health and safety practices.
In more serious cases they can issue an enforcement notice requiring you to take action. And at the top end of the scale you could be prosecuted. All incidents can be reported online but there is also a telephone service which is only for reporting fatal and major injuries.
7. Environmental services
Trade waste
Businesses have a legal duty to dispose properly of the waste they produce - from packaging to day-to-day rubbish - and to separate their waste for recycling and dispose of it via a licensed waste carrier. You can be fined by your local authority for trade waste offences.
In some areas local authorities collect business waste for a fee. If your council doesn't provide this service you'll need to use a licensed private waste contractor. The local authority may be able to offer you contact details of licensed contractors.
In some cases you may be able to take business waste to waste-disposal or recycling centres operated by the local authority - but you'll probably have to pay to do so.
Environmental powers
Local authorities also have a number of other environmental responsibilities and powers that can affect your business, including:
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monitoring and managing local air quality
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dealing with nuisance complaints about excessive noise, vibration, dust and odour
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the regulation of some businesses under pollution control regimes
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environmental health issues such as pest control
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issuing Street Litter Control Notices to premises which generate accumulations of litter or refuse.
Business support and economic development
Some local authorities offer support services, grants and networks to businesses to encourage economic development and regeneration.
Your Business Gateway adviser can help you find any initiatives or funding that may be available to you from your local authority. To find out more contact Business Gateway on 0300 013 4753.