It’s scary when you look at all the different touch points where there might be licensing or legal issues for retailers,” says Mike Igoe, co-founder of the C-Store Collective. “One issue is there isn’t a single source. There are bits of legislation and regulation coming from different places for different reasons that have happened over different times.” 

Alas, while this feature will endeavour to cover all the aspects of the law retailers need to get sorted, it is unlikely to be exhaustive. Additionally, the four constituent countries of the UK have different laws, and local authorities might also have different interpretations. It is advisable to contact professional experts, such as solicitors and accountants to make sure you are dotting all i’s and crossing all t’s related to the specific situation of your own business. 

Many of the laws detailed here might feel like common sense, while others might seem shrouded in opaque jargon and nebulous detail. But on top of simply doing what the law requires, retailers should also consider ‘best practice’ as a yardstick they should be focused on. Retailers can ensure they are keeping up to date with the latest changes in regulatory and legislative matters via trade press. The vape category in particular has seen plenty of changes already, with rumblings that more legislation is on the way. 

CHANGES IN EMPLOYMENT LAW 

On 6 April, the weekly statutory sick pay rate increased by £2 to £118.75. Minimum redundancy caps, maternity and paternity pay and unfair dismissal caps also increased. 

Employers now pay 15% National Insurance contributions, up from 13.8%. They also now have to pay employer contributions on any part-time working above eight hours per week as the annual pay threshold has decreased from £9,100 to £5,000. 

The new National Living Wage brought 16-hour staff above the £10,000 income threshold for employers to contribute to pension for the first time. At 3% contribution, this costs stores £305 extra a year. Staff aged 21 or over must now be paid £12.21 per hour, a 77p rise. Those aged 18- 20 saw a £1.40 rise to £10 per hour. 

ALCOHOL LICENSING 

The four objectives of any store’s alcohol licence are the prevention of crime and disorder, public safety, prevention of public nuisance and protection of children from harm. Based on these pillars are different conditions. Common accidental breaches are underage sales, failure to keep and maintain a refusals log, and ranging alcohol in store areas not matching the saleable area in the licence floorplan. While shop owners can apply for, vary or defend their own alcohol licence, hiring an expert often leads to better results. 

MODERN SLAVERY 

While much of the regulatory burden of the Modern Slavery Act falls on much larger companies, legal firms still advise smaller companies to take steps to protect themselves. This includes ensuring employees take their holiday allowance and having anti-modern slavery clauses in employment contracts. 

MUSIC LICENSING 

From 2020 to 2023, RN analysis showed 144 businesses were summoned to court for breaching copyright law by playing music without a licence. One in six were newsagents or convenience stores. Shops that pay for a licence voluntarily pay less, while those who get a licence after being caught out are made to pay double. 

LATE-NIGHT REFRESHMENT 

Stores selling hot drinks and hot food between 11pm and 5am need a licence for ‘late-night refreshment’. According to the Home Office, food or drink is considered to be ‘hot’ if, before it is supplied, it has been heated on the premises or elsewhere for the purpose of enabling it to be consumed at a temperature above the ambient air temperature. Cold food and drink doesn’t require a licence. If you already have a late-night alcohol licence, you may be exempt from needing a late-night refreshment licence. 

AGE RESTRICTIONS 

Age-restricted goods sold in convenience stores include tobacco products, lottery tickets, over-the-counter drugs, fireworks and alcohol. Every convenience store owner needs to prevent under-age customers from accessing these products. Large fines or even closure can result from non-compliance. Regular staff training, a Challenge 25 policy, test purchases and till prompts are all common means of preventing underage sales. 

ALCOHOL WHOLESALE REGISTRATION SCHEME 

If you sell alcohol to another business, by law, you should be registered with the Alcohol Wholesale Registration Scheme (AWRS). If you sell alcohol to the public, you must be able to prove via invoices that every product came from an AWRS-approved source by showing the wholesaler’s unique reference number. 

Find out more: gov.uk/check-alcohol-wholesaler-registration 

COUNTERFEIT AND ILLICIT GOODS 

Counterfeiting can carry a 10-year prison sentence, with tobacco and alcohol the two main categories retailers need to be aware of. These goods might be faulty or outright dangerous. Stores that are caught often receive very significant fines for any associated unpaid tax. 

PRICING AND COMPETITION 

Trading standards have carried out more than 5,000 inspections of stores’ pricing since 2021. Nearly half involving independent convenience stores found breaches that could have potentially resulted in criminal prosecution. These issues included a lack of pricing on shelves, conflicting prices on shelves and packs and different prices being charged at the till. Under competition law, retailers must not agree or discuss prices with their competitors. 

BUSINESS RATES 

The Valuation Office Agency (VOA) recently announced that more detailed information on business rate valuations will become available for ratepayers in England, with tailored information about businesses released in 2026. Ratepayers must report changes that might impact valuation – such as leases, rent and owners – to the VOA within 60 days. The latest Budget saw the Retail Leisure and Hospitality Rate Relief fall from a 75% to 40% discount. 

DATA PROTECTION 

With crime on the rise, many stores have CCTV cameras installed in their stores. These businesses must register their details with the Information Commissioner’s Office, pay a data protection fee, tell people they may be recorded, control who can see the recordings and only use it for its designated purpose. On top of this, while many retailers have been tempted to post images on their walls and on social media, there are serious restrictions around data protection to be aware of, especially when anybody pictured is under the age of 16. 

Find out more: ico.org.uk 

MARKETING AND ADVERTISING 

All marketing and advertising must be an accurate description of the product or service, legal, decent, truthful, honest and socially responsible. There are specific restrictions that apply to food, alcohol, tobacco, medicines, environmentally friendly products and beauty products. Promotions should accurately describe prices. It’s important to be as clear as possible as small print isn’t helpful. 

Find out more: asa.org.uk 

BUSINESS DETAILS 

Under the Companies Act 2006, active companies must display their full registered company name at their registered office, all other locations at which they carry out business – excluding living accommodation – and an inspection place where company records are kept available for inspection. 

SELLING FIREWORKS 

Stores must apply for licences from their authority in order to sell fireworks, with selling dates legally restricted to just a few weeks per year. There are strict rules for the storage and quality of fireworks that stores must meet. It usually takes a minimum of four weeks to get a licence approved. Laws differ greatly throughout the UK. For instance, the public need licences to buy fireworks in Northern Ireland. In Scotland, they can only be sold between certain hours. Legal dates for firework sales include the first day of the Chinese New Year and the three days immediately preceding it, the day of Diwali and the three days immediately preceding it, from 15 October to 10 November, and from 26 December to 31 December. 

Find out more: bit.ly/3EVOBir 

ADULT MAGAZINES 

It is illegal to sell pornographic films to under-18s. Magazines are not legally age restricted, but most stores apply an 18 years requirement voluntarily. All pornographic films must be classified by the British Board of Film Classification or a local authority and must carry an age warning on the cover. 

ACCESSIBILITY 

New buildings must make ‘reasonable provisions’ such as step-free access to allow people to enter and use their facilities. Guidance is similar but not identical across the four home nations. While existing buildings do not need to be upgraded, the Equality Act 2010 requires businesses to make ‘reasonable adjustments’ for disabled people. Additionally, an existing building which is converted into a shop must be upgraded to comply. 

FOOD SAFETY 

You must have a written food safety management system in place and staff must be trained on how to comply with the law. It’s also essential to register your business with your local council environmental health office, which can also provide additional information. 

Key facets include hand washing for staff, safe storage of food (not on the floor), keeping waste away from food preparation areas, keeping food wrapped or lidded, avoiding cross-contamination, getting hot food to a core temperature of 75˚C for at least 30 seconds, using separate chopping boards, weighing scales and knives, and keeping areas free of pests. Chilled food must be stored below 8˚C – and in some cases (like meat) at 5˚C – while hot food must be kept above 63˚C. Documenting all this is key, with records required of staff training certificates, temperature control checks, daily stock rotation checks, cleaning records and pest control records. After an inspection, you will be given a score from 0-5. In Wales and Northern Ireland it is mandatory to display your inspection sticker. 

Find out more: food.gov.uk 

WASTAGE 

On 31 March this year, new rules came into force. Now, businesses with more than 10 full-time employees must separate their waste into four different streams: dry recycling (glass, metal, plastic, etc.), paper and card, food waste, and black bin waste for landfill. Those businesses with fewer than 10 full-time employees have until March 2027 to comply. Retailers should contact their waste collectors as extra costs might be involved. 

NATASHA’S LAW 

There are 14 allergens covered by Natasha’s Law: celery, cereals containing gluten, crustaceans (crab, lobster, prawn, scampi), eggs, fish, lupin (sometimes found in bread, pasta and pastries), milk, molluscs (mussels, land snails, squid, whelks), mustard, nuts, peanuts, sesame seeds, soya and sulphur dioxide, also known as sulphites (often contained in dried fruits, wine and other alcohol). If you’re getting products sent in by suppliers, they must put the required information on labels on the food, but if you’re making it yourself from scratch, the responsibility falls on you. This information must be displayed in an obvious place. 

Find out more: food.gov.uk 

IMMIGRATION AND RIGHT TO WORK 

When hiring members of staff, it is imperative to ensure they have the right to work in the UK. This can either be found in the applicant’s original documents or online (if they provide a share code). Make and keep copies of the documents and record the date you made the check. Non-UK residents might have permits and visas that limit the type of work or the number of hours they’re allowed to work, and will also have a stated expiry date. For students, it’s important to check for evidence of study and vacation times. 

Find out more: gov.uk/check-job-applicant-right-to-work 

REASONABLE FORCE 

Reasonable force when protecting your home or business is all about proportionality and is generally acceptable either in the heat of the moment or when a perpetrator is fleeing the scene of the crime and needs to be restrained. Your response must feel honestly necessary at the time and must match the threat level you are facing at that moment. Anything more than that could be deemed ‘excessive force’, resulting in potential criminal convictions. Excessive force is defined as continuing to use force after the threat has diminished or passed, and ‘pre-planning’ a trap within your store. 

Find out more: gov.uk/reasonable-force-against-intruders 

REFUNDS POLICY 

Refunds must be offered if goods are faulty, whether that’s perishable goods (flowers and frozen food), newspapers and magazines or personalised items. However, you don’t have to offer a refund if the customer knew the item was faulty when they bought it, they damaged it trying to repair it themselves or if they simply no longer want the item. Having a refunds policy on display is a vital tool in fighting charge-backs – where the customer claims they could not return faulty goods. 

Find out more: gov.uk/accepting-returns-and-giving-refunds 

PLANNING PERMISSION 

Generally coming under the jurisdiction of local planning authorities (LPAs), planning permission is generally required if you’re looking to build something new, to make a major change to your building, such as an extension, and to change the use of your building. It is therefore best to contact your LPA to find out what’s required to ensure you’re totally compliant. If you do the work without permission, an enforcement notice can order you to undo the changes you’ve made, although this can be appealed. Common instances of stores failing to secure the right planning permission relate to ventilation, lighting and signage, refrigeration and outdoor units such as parcel lockers. 

Find out more: gov.uk/planning-permission-england-wales 

ENVIRONMENTAL STANDARDS 

According to refrigeration supplier Sabreglen, unless your refrigeration system is 20-30 years old, it will comply with current environmental standards in terms of the refrigerants being used. However, when disposing of a fridge, it’s necessary to use a qualified company, which will charge anything from £60 for labour costs. 

FIRE SAFETY 

Retailers need to identify ‘responsible people’ for the store’s fire safety and must carry out a Fire Risk Assessment, which identifies fire hazards and people at risk, reduces those risks and comes up with precautions and arrangements to ensure people’s safety. For example, fire doors must work from a single action, smoke alarms, manual call points and emergency lighting should be tested weekly, and information and fire exit signs should be prominently displayed. Fire extinguishers – both water and CO₂ – should be correctly located and in good working order. Escape routes should be considered and communicated. 

Find out more: acs.org.uk 

EMPLOYMENT LAW 

Employment law covers a vast array of obligations. Last year, the government published the Employment Rights Bill, which outlines 28 upcoming employment reforms around zero hours contracts, unfair dismissal, parental leave, minimum wage and more. This is an area where retailers would be well-advised to seek professional legal guidance as the consequences can be considerable. “HR advice is paramount,” says Igoe. “You need to be fair in all your dealings with your staff otherwise it can lead to tribunals and disputes.” 

Find out more: acs.org.uk 

PRODUCT SAFETY AND RECALLS 

There is a legal framework in the UK which requires businesses supplying goods to the UK market to notify the relevant authority when they become aware that a product they have placed on the market, supplied or distributed is unsafe and poses a risk to the user, or is non-compliant with the relevant legislation. An online notification form is available. 

Find out more: gov.uk/government/publications/ business-notifications-of-unsafe-and-noncompliant-products 

CARD PAYMENTS 

It is illegal to charge customers a surcharge for using debit or credit cards. While some retailers will circumvent this to cover their own costs by insisting on ‘minimum card spends’, it is worth considering whether this constitutes best practice and endears your store to customers. 

STORING AND SELLING FUEL 

Stores need permission from the local council or fire authority to store fuel and for a vapour recovery system. A risk assessment will determine whether you can store fuel in a safe manner. Things to consider include closed and locked fill points and tanker vapour recovery points, clean tank access changers and operational pressure vacuum valves. Staff must be trained to handle tanker deliveries, fire extinguishers and sand buckets must be available, there is required signage and petrol storage containers also have specifications. Petrol dispensers must have circular labels while diesel has square labels, which must be visible on the 

HIGH FAT, SALT OR SUGAR RESTRICTIONS 

Stores larger than 2,000sq ft, in many symbol groups, or with 50 or more employees, cannot stock unhealthy products on aisle ends, at store entrances or at checkouts. From October this year, multibuy promotions (such as ‘three for £10’) and advertising of high fat, salt or sugar products will also be banned. 

Find out more: acs.org.uk/advice/hfss-regulations 

TAX AND VAT 

Retailers must declare to the government how much VAT they’ve charged and how much they’ve paid to other businesses. First, you must apply for a VAT registration number via HMRC to get a VAT number. Retailers generally declare once every three months and will need to fill in a self-assessment tax return every year. Some products are exempt from VAT and, when it comes to tax bills, it’s advisable to speak to a professional accountant who can assess your individual situation. 

WEIGHTS AND MEASURES 

If you’re selling goods in the UK, they must be measured by metric units, with exceptions for things like milk and draught beer, which can be sold in imperial units. With packaged goods, it is the suppliers’ responsibility, but with anything being produced in-store, retailers will need approved scales to make sure they’re providing the correct amounts within the required parameters. 

Find out more: gov.uk/guidance/national-regulation-weights-and-measures 

TOBACCO AND VAPE RESTRICTIONS 

Tobacco display bans, plan packaging, the menthol ban, the end of 10-packs and track & trace have all come into effect in just over a decade. Much of it seems obvious, but there are still little-known terms that catch stores out, such as the required fonts and sizes of tobacco signage and prices. Vapes and other ‘next generation’ nicotine products can also cause confusion. Currently, nicotine-containing vapes must not exceed 20ml of e-liquid in each tank or pod, with a strength of no more than 20mg per 1ml (2%). Conversely, there is no limit to nicotine pouch strength. The upcoming 1 June disposable vape ban requires all devices to be rechargeable, refillable and with replaceable coils. Further ahead is the Tobacco and Vapes Bill, containing a measure to increase the smoking age by one year every year from 2027, and yet-to-be-outlined display, flavour, packaging and marketing restrictions for vapes. 

HEALTH AND SAFETY 

The Health and Safety at Work Act 1974 covers retailers’ obligation. First of all, everyone is responsible for the safety of others, so unsafe things must be reported. Health and safety posters should be displayed in store and if you employ more than five people you’ll also need a written health and safety policy. Take a long look at your store to identify risks, such as poor lighting, stacked products, customer abuse, broken glass, heavy lifting, wet floors, loose cables and cleaning chemicals. Roll cage training is advised and any accidents to staff and customers must be recorded and reported. 

Find out more: acs.org.uk/advice/managing-health-and-safety

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