Why You Need To Employ ProfessionalsYou need to employ a number of professionals to support you with acquiring and running your pub. They will help you with the tasks which you lack the expertise or time to do yourself. Good professional help will make your life easier and protect your interests. It is important to have a support network of professionals that you can rely on. Here are some general pointers when dealing with professionals:
- Be clear about what you want them to do for you.
- Clarify exactly what it will cost you.
- Make sure they fulfil your requirements.
- If you are not happy, speak to them.
- If you continue to be dissatisfied, use someone else.
- If you have any major concerns, speak to their regulatory body or Citizens Advice Bureau.
Solicitors
What They Can Help You WithThis will depend on how you are intending to acquire your pub and on your needs while operating the pub. The following are circumstances where you may require their assistance:
- Licensing: to make applications for your personal licence and making any changes to the premises licence.
- Tenancy advice: although you may not need a solicitor to complete the tenancy agreement, you may prefer to ask a solicitor to explain the terms of the agreement to you.
- New lease: you are advised to use a solicitor to handle the completion of the lease on your behalf.
- Assignments: you should use a solicitor if buying (or selling) a lease by way of assignment.
- Freehold: you are advised to use a solicitor to handle the freehold purchase on your behalf.
- Business structure: assistance in setting up the business structure.
- Finance: advice on legal implications and drawing up loan agreements.
- Drawing up partnership agreements.
- Other advice: employment issues, regulations and legislation, disputes with the landlord.
Choosing A Solicitor
The Law Society is the regulating and representative body for solicitors in England and Wales. The Law Society for Scotland and the Law Society of Northern Ireland are responsible for lawyers in Scotland and Northern Ireland, respectively. Their websites can be found at:
Solicitors tend to specialise in certain types of legal activity. Choose a solicitor that is experienced in the type of work you would like them to undertake for you. For example, select a solicitor who is used to handling leases for your new lease or assignment, and one with expertise in pub
freehold transactions for purchasing a pub. Failing to use a solicitor with expertise in the area you require may result in delays, problems and increased legal costs.
Solicitors must hold a practising certificate issued by their respective Law Society. This guarantees that the solicitor is qualified and has insurance cover to protect you should things go wrong. Always check these before asking a solicitor to act on your behalf.
Solicitors’ Charges
Solicitors’ charges vary and it is worth shopping around to get quotes from several solicitors. Bills are often calculated on an hourly basis but they should be able to provide you with an estimate of how much the bill is likely to be for the work they are going to be doing for you. You should be aware that any additional work they do for you will result in extra charges. It may be useful to set a budget figure with them and ask them to notify you if they are going to exceed it.
Other Factors To Consider
The location of the solicitor is important, particularly if you have to visit their offices regularly. Travelling long distances to meet with them takes up a great deal of time that could be better used organising the rest of your business. Other factors that may be important to you are that:
- your solicitor is accessible;
- they respond promptly to your queries and enquiries from solicitors acting for other parties;
- they explain things simply, rather than using legal jargon.
Check whether the firm provides any additional services that may be important to you, such as advice on employment law or taxation.
When dealing with a solicitor it is important to remember that they act on your behalf. So do not be afraid of tackling them about anything you are unhappy with. They are there to advise you of your legal position and will not make decisions for you. Sometimes it may be necessary for you to make
a decision on a commercial or practical basis, rather than a strict legal one. The important thing is to listen to their advice and understand all the implications, prior to going ahead.