Garden centre legal issues

In recent years, garden centre legal issues for the UK’s garden centres have come under increasing pressure from local authorities and environmental groups. In particular, there has been growing concern about the sale of invasive plant species that can damage native ecosystems. As a result, many garden centres have been forced to re-evaluate their stock lists and make changes to their legal agreements with suppliers. In some cases, this has led to the withdrawal of popular products from sale.

However, it is important to remember that garden centres are businesses, and they need to be able to operate in a way that is both profitable and compliant with the law. With this in mind, it is likely that the debate surrounding garden centre legal issues will continue for some time to come

This guide will discuss the legal issues that are most relevant to you as a garden centre business owner.

What licences does a garden centre need?

Garden Centre’s in the UK need to register with your local environmental health department if you prepare, store, and sell food (for example, in a cafe). Your premises will be inspected, and you will be assisted in complying with the Food Safety Act. In order to register in good time, you should contact your local authority early in your planning. Registration is free.

Plant Passporting and Marketing Requirements

In some cases, under Plant Health legislation, you may be required to obtain a producer authorisation before selling certain plants and products, as well as issue plant passports/supplier documents. There is a substantial absence of organisms that affect plant quality in the plant/plant products. Gov.uk offers a Plant Health Guide to Plant Passporting and Marketing Requirements.

Pet shop licensing

Pet shop licenses are required by your local authority if you intend to sell any animals. You will need to have your premises inspected by your local authority before you can receive a license. You may also be required to have a relevant qualification in animal care by some local authorities. To find out how much a license will cost in your area, contact your local environmental health department.

Certain types of animals, for example protected and rare species, may require special licensing. If you would like more information, please contact your local trading standards department.

Water abstraction licence

If you plan to abstract substantial amounts of water from any watercourse or underground water reserve for irrigation purposes, you’ll need a water abstraction license. Licences to extract water are issued by:

• The Environment Agency in England
• Natural Resources Wales
• The Northern Ireland Environment Agency
• The Scottish Environment Protection Agency (SEPA) in Scotland

Agro-chemicals

The environment health department of your local authority must be notified if you store and supply agrochemicals (like pesticides). Chemicals will be inspected to ensure they are stored properly. Agricultural, Horticultural and Forestry Pesticide Suppliers’ Code of Practice (also known as the Yellow Code) applies. Nominated Storekeepers must have a Certificate of Competence if they supply pesticides over 200 kg. Detailed information about exams and training can be found on the BASIS website.

Background music

You will need a Music License from PPL PRS Ltd if you plan to play background music in the garden centre or café. On the PPL PRS website, you can pay an annual fee for this service.

Growing plants

Plant health legislation may require you to obtain a producer authorisation if you intend to grow certain plants commercially and to issue plant passports/supplier documents as part of the sale of those plants. There are no quality-affecting organisms found in the plant based on these findings. On the Gov.uk website, you can download the Plant Health Guide to Plant Passporting and Marketing Requirements.

Those planning to operate as plant breeders should be aware of plant breeders’ rights, which are designed to protect and prevent the unauthorised exploitation of new varieties of plants. Visit Gov.uk for more information about plant breeders’ rights.

Many garden plants can cause allergies and skin irritations, are poisonous, or may be poisonous. Plants that are potentially harmful should be identified and labelled appropriately before you stock them. A thorough briefing should be provided to sales staff so that they can answer customer questions. A Code of Recommended Practice for labelling and displaying potentially harmful plants has been produced by the Horticultural Trades Association (HTA). RHS website provides more information.

Control of pesticides

It is regulated how pesticides are stored and sold. A BASIS Certificate of Competence for Nominated Storekeepers is required for people selling more than a certain number of agricultural pesticides. BASIS’ website has more information.

Selling seed potatoes

Seed potatoes are classified according to legislation, so you should be aware of it if you sell them. Visit Gov.uk for more information about the Seed Potato Classification Scheme (SPCS).

Sunday Trading Act

Garden centres with 280 square meters or more are only allowed to open for six hours on Sundays (Scotland is an exception). To get more information on this point you can contact your local authority.

Substances that could be used to make explosives

A special regulation protects against substances being misused to make explosives. Certain substances must be purchased from a licensed supplier in order to be available to the general public. These substances would normally only be available from specialists. It is nonetheless of concern that other substances are not regulated, despite the fact that they are not regulated.

A fertiliser product may contain ammonium nitrate, calcium nitrate, or calcium ammonium nitrate as ‘reportable substances’. Despite not being classified as reportable under the regulations, products labelled with the skull and crossbones hazard pictogram may also pose a risk.

Please call the police Anti-terrorist Hotline on 0800 789 321 if you see suspicious transactions (or disappearances) involving regulated or reportable substances. Various reasons can make a transaction suspicious, including insisting on cash and/or wanting an unusually large quantity of a product containing a reportable substance.

On Gov.uk, businesses can find more information about regulated and reportable substances.

Waste Batteries

You must recycle used batteries from customers if your business sells more than 32 kg of portable batteries per year. This service must be provided free of charge. The Department for Environment, Food and Rural Affairs has developed a calculator to help businesses determine whether they sell enough batteries each year to be affected by the new regulations. The Waste Support website has a similar tool.

Food safety

If you plan to sell food at your business, you will need to comply with strict food safety regulations. A local authority environmental health department must approve your business before you open. To comply with the requirements of the Food Safety Act, your local environmental health officer can provide you with advice and guidance on what you should install in your premises. It is important to note that food businesses in Wales must display their food hygiene ratings by law.

Retailing

Retailing activities, including online sales, are governed by a wide range of legislation that protects consumers’ interests. The retail price of goods must be clearly displayed, for example, and goods must not be misrepresented. Providing customers with details of cancellation rights and procedures is essential if you makeonline sales. In addition to making sure all goods and services are suitable for their intended purpose, you will also be responsible for making sure they are of acceptable quality.

Remember that you should not sell knives or sharply pointed blades to children under 18 years old.

Government.uk provides information on fair trading and consumer protection legislation.

Carrier bag charge

The tax on small and medium-sized businesses (with fewer than 250 full-time equivalent employees) in England is 5 pence. The gov.uk website provides detailed guidance.

If a retailer provides a single-use carrier bag to a customer in Wales or Scotland, they must charge them at least 5 pence. Plastic, paper, or plant-based starch single-use bags all fall under this category. On the Zero Waste Scotland and Gov.Wales websites, you can find detailed guidance.

A 5 pence levy must be applied to all single-use or reusable bags with a retail price less than 20 pence in Northern Ireland (including any that would otherwise be free).

Health & Safety, fire

Regulations regarding fire safety and workplace health must be followed.

Employment legislation

Employment legislation must be followed by anyone who employs staff. Laws on recruitment, employment contracts, pay, working hours, holidays, employment policies, sick leave, maternity leave, paternity leave, discrimination, discipline, grievances, dismissals, redundancies, and employment tribunals are important areas of employment law.

Insurance for a garden centre

Explain your business plan to an insurer or insurance broker, and they will explain what coverage, if any, you are legally required to have. The following might be included:

• Premises (including glass cover), premises contents and stock
• Goods in transit
• Freezer breakdown and heater breakdown
• Cash
• Business interruption
• Employers’ liability
• Public and products liability
• Motor insurance (for delivery vehicles)

Insurance policies tailored to the needs of Horticultural Trades Association (HTA) members are available. If you would like to learn more about HTA Insurance Services, please visit their website.

Conclusion

Garden centre owners need to be aware that it’s their legal duty to hold the correct insurance for employee and the general public. This will prevent any future legal issues in the future. Due to the damages to staff a strong health and safety assessment must be carried out.

Read more: about Garden centre sector trends