Post office legal issues

Recent news reports in the UK regarding legal issues with post offices have been alarming. Post offices are integral to local communities and vital for e-commerce businesses, yet their future has become uncertain due to various issues including the mortgage scandal, underpayment of government pensions, the technical glitches with the IT system and pension regulations.

These misfortunes have caused many people to doubt whether or not post offices will remain a prominent presence. The government must take responsibility for addressing these legal issues quickly and efficiently before countless post offices are forced to close down as a result. Post Offices serve an important purpose in modern British society, so it is imperative that these regulations be revised accordingly.

There is a wide range of legislation that affects post offices. So, if you run one, or a business alongside one, here’s what you need to know.

What licences does a post office need?

Depending on what retail activities you plan to engage in, you will need different licences.

Registration with your local environmental health department is required if your business stores, sells, or prepares food. Food Safety Act inspections and assistance will be provided for your premises. In order to register in good time, you should contact your local authority as soon as you decide to do so. Registration is free.

Alcohol licensing

Licensing is required if you sell alcohol.

Alcohol sales are governed by legislation in Scotland, England, and Wales, which requires licenses for individuals who wish to sell alcohol. Each outlet selling alcohol must have a premises licence. Information about the Scottish Government and Gov.uk websites can be found on their respective websites.

The county court is responsible for granting alcohol licenses in Northern Ireland. Alcohol off-sales are currently not permitted in Northern Ireland due to a set number of off-licences. The most common way to get a licence is to find someone who is giving up or selling theirs. On the NI Direct website, you can learn more about Northern Ireland’s alcohol licensing laws.

Tobacco retailer registration

It is a requirement that tobacco retailers in Scotland register with the Tobacco Retailers Register before they can sell tobacco products. Scottish Tobacco Retailers Register allows you to register online. Registering with Belfast City Council, the local government in Northern Ireland, is a similar requirement.

Selling fireworks

Trading standards or fire authorities (depending on your location) must be notified if you plan to sell fireworks in Great Britain or the Department of Justice in Northern Ireland. Normally, fireworks are only sold during Guy Fawkes night, Diwali, New Year and Chinese New Year, so if you are selling fireworks outside of these periods, you will need a fireworks sales licence. Visit the RoSPA Safer fireworks website to learn more about fireworklicensing in the UK.

Other matters

Keep the following in mind as well:

• Your local petroleum enforcement authority will require a petroleum storage certificate if you plan to sell petrol. An annual storage fee is required, but the certificate does not expire
• You will need a Music Licence from PPL PRS Ltd if you plan to play background music in your store. On the PPL PRS website, you can pay an annual fee for this service
• If you plan to install a CCTV system, you must register with the Information Commissioner’s Office (ICO). Data protection has been enhanced by the General Data Protection Regulation since May 2018

Tobacco products

As of May 2017, tobacco products, cigarettes, and e-cigarettes must be packaged in standardised packaging and be sold only to people over the age of 18. The tobacco industry is prohibited from advertising and displaying tobacco products at point of sale.

Customers

The following cannot be done:

• Sell alcohol to anyone under 18
• Tobacco retailers in Scotland and Northern Ireland must be registered to sell tobacco and e-cigarette products to young people under 18 years of age.
• Fireworks cannot be sold to young people under 18 (apart from party poppers, which can be sold to those 16 and older).
• Children under 12 should not be sold Christmas crackers
• If you suspect fumes will be inhaled for intoxification, do not sell intoxicating substances to people under 18
• People under the age of 18 should not be sold cigarette lighter gas refills
• Sell Lottery tickets to young people under 16
• Young people under 16 should not be sold knives/blades
• Selling or renting age-restricted DVDs or video games to anyone under the age limit

Tobacco and fireworks sellers are required to display certain warning notices.

It is always a good idea to ask for proof of age from a young person, such as their PASS card. Whenever you refuse to serve someone who requests an age-restricted item, you should keep a record.

It is also necessary to price and weigh food sold loose from bulk in metric units.

You can get help from your local trading standards department as well as from the Business Companion website, which offers information about underage sales.

Waste batteries

Your business must recycle used batteries from customers if it sells more than 32 kg of portable batteries a year. This service must be provided free of charge. A calculator has been developed by DEFRA to assist businesses in determining whether they sell enough batteries each year to be affected by the new regulations. The Waste Support website has a similar tool.

Read more: Sector trends for Post Offices

Insurance for a post office

If you contact a broker or insurer, they will explain what insurance coverage your business must have by law, as well as other coverage you should consider. The following might be included:

• Premises, premises contents and stock
• Goods in transit (for instance, on the way back from a cash and carry)
• Freezer breakdown
• Business interruption
• Employers liability
• Public and products liability
• Motor insurance (for delivery vehicles)

A number of free insurance schemes are available to members of the National Federation of SubPostmasters(NFSP), including protection against attacks on subpostmasters and their staff.

Utilise an insurance comparison form to uncover the differences between policies.

Conclusion

Post offices in the United Kingdom face a variety of legal issues on a daily basis, primarily related to their operations as local outlets for state-funded services and consumables. This includes issues such as complex and convoluted tax regulations that must be followed when selling certain items, along with complex employment laws that must be observed. Furthermore, post offices must abide by the company’s code of conduct while introducing new services and products to their customers.

As each post office is effectively a small business, they are also subject to the latest business regulations including health & safety legislation and fire safety guidelines. In addition, government regulations can often come into play which could have an impact upon postal operations alongside being liable for any legal disputes involving themselves or their employees. To manage these legal concerns, most post offices turn to experienced advisors who understand the intricacies of relevant law, as well as working closely with specialized teams within the Post Office’s corporate structure to ensure that all protocols are adhered too.