I am delighted to have been asked to resume penning a monthly ‘Legal Doctor’ article for Forecourt Trader. Some of you will recall the Legal Doctor which started during the pandemic with a particular interest in Covid regulations. How strange it all seems now.
For those who don’t know me or my firm, a little background. Winckworth Sherwood is a firm of solicitors. We have our main office in central London just next to Blackfriars Station. I am typing away with a great view of St Paul’s Cathedral and more worryingly a building site immediately next to my window!
We are some 76 partners and a total headcount of 350. Our lawyers cover a wide range of legal disciplines but most of us (not all!) work within what we call the Built Environment.
We have worked with petrol retailers since 1994 and so understand your business. We speak regularly at sector events and six lawyers from the firm will be attending the Forecourt Trader Awards on October 10 so do look out for them!
Operating a petrol station in the UK involves navigating a complex landscape of legal obligations. Understanding the various areas of law that affect your business is essential for remaining compliant, protecting your assets, and maximising profitability.
We will we be covering a range of topics including real estate, commercial contracts, corporate governance, employment law, succession planning and licensing.
Some possible topics for future editions are as follows:
Real estate
Petrol retailers often face significant real estate challenges, including property acquisition, leasing, and the environmental regulations attached to owning land with fuel storage. We will update on relevant case law and legislation changes.
Petrol retailers are increasingly selling electricity through electric vehicle charging facilities. Care needs to be taken before committing to contracts with providers. We will write about the steps to be taken when considering the addition of chargers to sites.
Taxation
Tax considerations for petrol retailers go beyond just VAT and fuel duty. Capital gains tax on property transactions, corporation tax on profits, and business rates all play a role in the financial health of your business. Our tax lawyers will put down their books and explain in simple terms changes that may impact on petrol retailers.
Construction law
When constructing new stations or refurbishing existing ones, petrol retailers must adhere to a strict set of building and environmental regulations. Watch out for articles on building safety and other construction issues.
Employment law
Petrol retailers, like any other business, are subject to the complexities of UK employment law. This includes ensuring fair contracts for employees, adhering to health and safety regulations, and handling employment disputes. The goalposts are constantly moving. Case law and of course the new Government policy will mean changes for petrol retailers. Our employment team will be keeping abreast of all the changes.
Succession planning
For independent or family-owned petrol retailers, succession planning is critical. Ensuring a smooth transition of ownership, whether through sale, transfer to family, or external investment, requires strategic legal and financial planning. Our articles will guide you through preparing for business succession, legal steps to transfer ownership, structuring the sale of the business and managing inheritance tax implications
Corporate and commercial law
Whether operating independently or as part of a larger corporate structure, petrol retailers must stay compliant with company law. This includes contract management, intellectual property rights, corporate governance, and regulatory compliance. Possible topics include drafting and negotiating commercial contracts, corporate governance for petrol retailers and data protection and privacy laws
Licensing and regulatory
Finally, we will keep you up to date on all things licensing.
We know that many retailers are looking to extend their premises’ licences to match alcohol hours with longer opening hours. We will share some thoughts on how best to achieve this.
We expect new regulations on smoking and the sale of vapes.
The minimum price for alcohol is increasing in Scotland. Will this come into play in England and how will this impact retailers? Watch this space.
Our lawyers are dedicated to supporting petrol retailers with expert legal advice across a variety of areas, ensuring your business remains compliant, successful, and prepared for future challenges. Stay tuned for our upcoming articles and please do get in touch if you have topics that you wish to see covered.
For any immediate legal advice or consultation on the matters discussed, please feel free to contact our team.
Robert Botkai is a senior partner at Winckworth Sherwood, where he heads up the commercial real estate and licensing team.
