The Summer 2024 Edition of the Legal Corner Magazine is here! We're thrilled to announce our latest issue, focusing on the high street, retail, and restaurants in anticipation of the Summer. With the new Labour government, we also discuss how their policies might impact SMEs/ Marina Vincent discusses Labour’s employment law agenda, while Sarah Benjamin considers what questions restaurateurs should ask before taking on a lease. Bhavini Kalaria examines Labour’s missions for Government and how these intersect with SME’s and the food industry. We are immensely grateful as always to our contributors. In this edition, we talk to Vaishali Shah of Creative ID on creating a unique restaurant identity, leveraging social media, and managing online reviews. Enjoy the insightful interview with Anjali Pathak on the intersection of food and business. You can also tune into our latest podcast in which we discuss the election's impact on the high street, featuring Yedidya Zaiden of Raffingers and Matthew Jaffa of the Federation of Small Businesses. If you missed our webinar on running a restaurant business, you will be able to access it here once more. Wishing all our readers a wonderful Summer ahead!
EXPLORING THE LATEST TRENDS AND DEVELOPMENTS IN PROPERTY & CORPORATE LAW
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ISSUE #8
RESTAURANTS, HIGH STREETS & THE ELECTION Dining out on Change, Summer '24
CONTENTS
Introduction By Vijay Parikh, Managing Partner
03
Labour Plans By Marina Vincent, Partner Employment Law
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#TRENDS Labour's Mission Menu By Bhavini Kalaria, Partner, Dispute Resolution and Ivnternational
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Interview with Anjali Pathak Chef and Author of 'Secrets from my Indian Family Kitchen'
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Restaurant Branding: Creating an unforgettable food experience By Vashali Shah, Founder of Creative ID
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The Four Corners Legal Podcast SME's and Labour's High Street Ambitions.
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Top 10 questions you should ask before entering into a restaurant lease By Sarah Benjamin, Solicitor Commercial Real Estate
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Case Study
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Events
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Stay up to date with the latest news & editions. Follow Harold Benjamin on social!
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In light of the recent election, the Labour Party's new policies are set to impact various sectors, in- cluding hospitality. Our coverage discusses "Labour's Missions Menu," the framework aimed at revitalising the economy, enhancing public services and reforms in planning laws. Branding remains a critical aspect of success in the restaurant industry. We are thankful to our guest contributor Vaishali Shah, for offering her insight into creating a unique identity that resonates with customers. This section includes practical tips on leveraging social media, managing online reviews, and ensuring consistent brand messaging across all touchpoints. We are also grateful to Chef Anjali Pathak who has so kindly offered her personal perspective on the intersection of culinary arts and business. Additionally, our podcast series includes discussions with industry experts on the implications of the election results, offering viewpoints on what the future holds for the hospitality sector and beyond. We are grateful to Yedidya Zaiden and Matthew Jaffa for their helpful input on the anticipated changes. Finally, if you missed our Webinar on the "Pitfalls And Potential Of Running A Restaurant Business" you will be able to access it once again here. As always, we hope that you enjoy the content of this magazine. Wishing all our readers a wonderful Summer ahead!
In this issue As we look forward to the Summer of 2024, this edition of our magazine focuses on how changes in government policies post-election might shape the food and restaurant industry specifically, and more broadly the high street. We hope this will be a helpful way of tackling some of the big themes coming out of the election, with a new Labour government. The restaurant sector is diverse, ranging from food trucks to Michelin-starred establishments. Each one, regardless of its scale, grapples with similar employment issues. This edition discusses the anticipated employment law changes from a new government. In this edition, we also address the practical aspects of running a restaurant in our top 10 questions to consider before leasing a space. From understanding rent-free periods to evaluating security of tenure, this guide will help prospective and current restaurant owners make informed decisions. Our goal is to equip you with the knowledge and tools necessary to thrive in a competitive and ever-changing environment.
VIJAY PARIKH Managing Partner
vijay.parikh@haroldbenjamin.com
Connect with Vijay
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Labour Plans
BY MARINA VINCENT Partner, Employment Law
With a new Labour government, Marina Vincent, partner in our employment law team considers what changes are likely in employment law.
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In May this year, Labour published “Labour’s Plan to Make Work Pay – Delivering a New Deal for Working People”. Their manifesto states it is their aim to implement this Plan in full.
Creating a single status of worker would be a major change in our laws and regulations and it is difficult to see how legislation could be put in place, even in draft, in 100 days. The Plan confirms that Labour intends to consult in detail so this will be a work in progress. Our current system of workers, employees and the self-employed is opaque and causes problems for both employers and workers/ employees/the self-employed, so a change to clarify the status of individuals and their rights would be welcome. The intention is to make flexible working a default right from day one for all workers “except where it is not reasonably feasible”. At the moment an employee has the day one right to apply to work flexibly, but it can be refused by employers. No criteria are given for what would make it “not reasonably feasible”, so again we assume this will be clarified in consultation.The right to switch off is something already in place in various European countries and is included to develop a better work life balance. Labour favour models already operating in Ireland or Belgium and are looking to apply something simila r to one of those in the UK. In the Plan they say they want to give workers and employers “…the opportunity to have constructive conversations and work together on bespoke workplace policies or contractual terms that benefit both parties.” As matters stand currently, most employee claims must be brought in the Employment Tribunal within 3 months of the event the claim relates to, such as a dismissal or a discriminatory act. Labour intends to increase this to 6 months, which is the time limit already applying to claims for statutory redundancy pay and equal pay claims. There are other proposals in the Plan not outlined above and please click here to read the Plan in full. What is clear is that if Labour puts into force all of the proposals in the Plan, there will be substantial changes in employment law which will take some time to implement.
The Plan included the following:-
Banning “exploitative” zero hours contracts Strengthening the current Code of Practice relating to “Fire and Rehire” Granting basic employment rights from day one of working Creating a single status of “worker” (rather than the current worker or employee) and strengthening the rights and protections for the self-employed Strengthening the rights of workers in the case of redundancy and under TUPE Expanding rights to flexible working and family friendly rights (parental, maternity, carers, bereavement) Introducing the right to “switch off” Ensure the National Minimum Wage is a real living wage Removing the lower earnings limit for Statutory Sick Pay so it covers more workers Increasing the time period within which an employee can bring a claim in the Employment Tribunal from 3 months to 6 months Making various changes to the law relating to strikes, Trade Union ballots and union recog- nition processes Labour intend to introduce new legislation within its first 100 days, but many of the above issues will need consultation between government, employers, Trade Unions, and workers. It may be that they will produce draft legislation for consultation, rather than “ready to go” changes in the law. Looking at some of the above in a bit more detail, Labour have not defined what an “exploitative” zero hours contract is, but it is clear that Labour don't intend to ban zero hours contracts. The Plan recognised that working flexibly has had benefits for both workers and employers. Granting basic employment rights from day one would include rights not to be unfairly dismissed, rights to statutory sick pay and parental leave. There is provision for probation periods to apply which would not be subject to the day one right, but no detail on how this would work.
marina.vincent@haroldbenjamin.com
Connect with Marina
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LABOUR'S MISSION
The Labour Party have presented a menu of missions aimed at businesses and communities.
Get Britain Building Again Reform planning laws to build 1.5 million new homes and essential infrastructure. Partner with businesses to boost life sciences, digital, creative, financial, clean power, and automotive sectors. Create a National Wealth Fund to attract private investment in key projects like ports, gigafactories, hydrogen, and steel. Introduce a fiscal lock to ensure economic stability. Reform welfare to support people back into work and improve job progression.
Get the NHS back on its feet Pay NHS staff overtime to reduce waiting lists. Double the number of state-of-the-art CT and MRI scanners. Invest in banning the promotion of vaping and junk food to young people. Reform the NHS dental contract to ensure access for everyone. Establish centres to bring care closer to communities. Recruit 8,500 additional mental health • • • • • •
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Great British Energy Implement a windfall tax on oil and gas companies to support families. Create a publicly owned clean energy company to invest in renewable energy. Upgrade the national grid to support new energy infrastructure. Introduce fines for water companies polluting rivers and seas. Extend the lifespan of existing nuclear plants and support new projects.
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Break Down Barriers to Opportunity Free school breakfast clubs. 6,500 more teachers for specialist subjects. Establish Technical Excellence Colleges for local job markets. Modernise the school curriculum to include digital skills, creativity, and problem-solving. Transform the levy to give employers flexibility in workforce training.
Take Back Our Streets • Increase police presence with 13,000 more officers and PCSOs. • Invest in a new Police Efficiency program. • Create new offences for assault against retail workers. • Introduce specialist workers in 999 control rooms and rape units. • Establish a ten-year program with youth mental health hubs.
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Commentary
BY BHAVINI KALARIA Partner, Dispute Resolution, International
Labour’s policy menu is designed to build trust in the economy with increased public service investment, a stronger national defence, secure borders, and opportunities for all. But what does this mean for local businesses, particularly in the food industry? Labour's focus on investment and changes to planning laws aims to offer greater opportunities to address one of the key issues facing business owners: affordable housing for staff. This is crucial for food businesses too, where retaining skilled employees is essential for operations. Additionally, the establishment of technical excellence colleges seeks to support skills-based learning, helping fill the skills gaps that many businesses in the food industry are facing. This commitment to long-term investment is underlined by Labour’s promise to invest in teachers, training, and future-focused learning. These are ten-year plans designed to accommodate supply-side changes, making the country more self-sufficient in energy and addressing critical issues like the climate crisis. For the food industry, this means a more stable and sustainable energy supply, essential for farming and food processing. Labour’s plan for small businesses gives further flavour to what businesses should expect. With promises to bring in legislation to tackle late payments, scrap business rates, remove barriers to export, and guarantee that small firms will be shortlisted for public contracts, Labour hopes to revitalise high streets and local businesses. For the food industry, these measures could reduce operational costs and open new markets, enhancing profitability and growth potential.
Clearly, cost-free promises such as reform of the planning system or changes to employment law are attractive easy wins in the early days of any new government.
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IN the context of the food Industry, labour's policies are geared towards creating a supportive environment for businesses to thrive.
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Clearly, cost-free promises such as reform of the planning system or changes to employment law are attractive easy wins in the early days of any new government. However, the bigger issues requiring investment for growth, while sticking to self-imposed fiscal rules, present a more difficult challenge. Raising money through windfall taxes, scrapping the charity status of private schools, or closing tax loopholes signal a marked change in tone. At the same time, aims to bolster skills and build out green energy hint at the more ambitious notes of the New Labour movement of the 1990s. In the context of the food industry, Labour's policies are geared towards creating a supportive environment for businesses to thrive. Reforming planning laws to boost housing and infrastructure development will aid in solving logistical challenges, while the focus on skills and training will help address labour shortages. Additionally, Labour's commitment to tackling climate change through its Green Prosperity Plan and the creation of Great British Energy aims to lower energy costs and promote sustainability, benefiting the food industry's long-term viability. Labour have also outlined specific measures to support the food retail and farming sectors. These include potential reforms to the business rates system, which has been a significant burden for many businesses. Labour’s plan to build more homes and accelerate infrastructure projects will benefit food logistics, while their stance on retail crime and health initiatives indicates a holistic approach to creating a safer and healthier environment for businesses and consumers alike.
Furthermore, Labour’s position on trade and immigration is of particular interest to the food industry. While rejoining the EU is not on the cards, aligning the UK more closely with the bloc to minimise Brexit’s disruption on food trade is a priority. This includes negotiating a deal with the EU to reduce the need for SPS checks, thereby facilitating smoother trade operations.
Overall, whether these promises are a recipe for success remains to be seen.
bhavini.kalaria@haroldbenjamin.com
Connect with Bhavini
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Anjali Pathak Interview with
We spoke to Anjali Pathak, chef and author of ‘Secrets from my Indian Family Kitchen’ about her career, food journey and what keeps her inspired.
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wholesome, it can be a complete meal and I like to think of it as a hug in a bowl. My hours as a chef can be long and all I want to eat at the end of my working day is something hot, flavourful and easy to make. Dhal (lentils) ticks all the right boxes and not only nourishes my tummy but also warms my soul.
Can you share with us how your passion for cooking began and how it has evolved into your current career? I have always loved being in the kitchen ever since I can remember. It was the heart of our home and where all the action was. I grew up in a foodie family and food has always played a large part in our lives. My grandparents were the founders of Patak’s Foods, an Indian food business they started in the 1950s. They passed the reins onto my parents and most of our recipes were tested out on our family dining table. My mother was a fabulous cook and I fell in love with spices as soon as my senses came alive. Growing up, you would always find me in the kitchen. Whether I was doing my homework on the dining table or cooking with my mother as a toddler, it was my happy place. Having learnt the tricks of the trade from my mother, I followed in her footsteps and joined the family business in product development, creating recipes for the brand. I furthered my learning of Indian cookery on my travels across India and gained a formal chef qualification in French cuisine in London. This led me to work as a cookery teacher for Jamie Oliver, sharing my passion for food education, and then onto Mumbai to build an immersive dining start-up that has now crossed borders over to Dubai. Little did I know but those early cooking lessons with my mother were the foundations for the chef and food writer that I am today. What are some of your favourite dishes to prepare, and what makes them special to you? My favourite recipe is a simple Tadka Dhal. (recipe at the end of this article) It’s not fancy, nor it is complicated, but it is my comfort food. It reminds me of meals at home when I was young and will always carry fond memories of family time. Satisfyingly
Could you walk us through a day in your life as a professional chef?
As a consultant chef, no two days are the same. I start my day with a workout, before having a healthy breakfast. I spend the morning hours with my laptop catching up on emails before heading into the kitchen to test and tweak recipes I’ve written the day before. I also have to create recipe video content for my international clients and I enjoy doing this when the natural light is at its best. In my kitchen, that is late afternoon. The early evening is for the next day’s food writ- ing and ingredient shopping and before I know it, it’s time for dinner and an opportunity to share my recipes with my family and get feedback. After dinner time I try to tick more off my never-ending to-do list. Some days are more successful than others! "I usually create recipes that lean towards the healthier side of eating and I'm happy to see a shift towards mindful dining."
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If there was one recipe that you would want to archive for future generations, what would it be and why? If I could share a recipe with the younger generation, it would be an Indian biryani, an ancient one-pot rice dish that has its roots steeped in historical India. There are many recipes that have made this dish famous, and each one has its own story to tell. I learnt how to cook a fabulous lamb biryani from my mother, who learnt it from her mother, and her mother before her. In Indian culture, passing a recipe onto your children is a sacred tradition. Every generation will adapt it and over the years it becomes a part of your family history. You can taste the love and memories in every bite. You can find my Lamb Shank Biryani on my website. Finally, do you have any projects you are working on and how can our readers contact you? After the success of my dining start-up in Mumbai, I am bringing a similar concept to Dubai. A beautiful space in the heart of the city that inspires you to cook, dine and get foodie. I also work with innovative food start-ups, sometimes as an investor and often as an advisor. I enjoy sharing my experiences and being part of a vibrant future for my industry.
How do you stay inspired?
I find inspiration everywhere and in everything I do. I adore going to food mar- kets and always seek out farmers’ markets wherever I am. I recently lived in Paris and had the most fabulous street market in my neighbourhood. I would always see a new ingredient that would spark inspiration, and I’d find myself trying to use it in my next recipe. I also love to dine out and really enjoy experiencing the skills of other chefs. Every day I discover something new to keep me creative. We see trends in healthier eating, organic foods, food waste and so on. How have these types of changes to the culinary industry impacted you over the years? What are you most excited to see? My industry is always changing and as chefs we have to adapt to market conditions and consumer trends. I usually create recipes that lean towards the healthier side of eating and I’m happy to see a shift towards mindful dining. Conscious consumers make better food choices for their health and for the environment. I’m always thinking of ways to use every part of my ingredient so I can keep food waste low. Trends like these keep chefs sharp and force us to be creative. As a chef, what aspects of your business required legal expertise, such as copy- righting recipes or negotiating contracts, and how do you think aspiring chefs can benefit from understanding the legal aspects of running a culinary business? Every aspect of my business requires legal expertise, and I would recommend involving a legal professional in the early stages of building a business. Ensuring you have the correct hospitality licences and comprehensive staff contracts is paramount. Laws are constantly changing, and it is very important to stay updated to keep yourself, your staff and your business protected.
You can keep updated on all my food news including my latest recipes and cookery masterclasses on Instagram and my website
www.anjalipathak.com
Connect with Anjali
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Tadka Dhal
1. Gently boil the lentils in a large pan with plenty of cold water (around 1 litre will do) and stir in the turmeric and black cardamom pods (if using). This will add a subtle smoky flavour. 2. Allow to cook for around 45 minutes or until they are softened and broken down. Skim off any foam that sits on the top and give it a stir every now and again in case it begins to stick on the bottom. If it boils dry add more water. 3. Once the lentils are soft, turn down the heat and make the tadka. Gently heat the oil in a frying pan and add the cinnamon, cardamom pods and cloves. 4. When the cardamom has turned white and the heads of the cloves have swollen you are ready to stir in the mustard seeds and cumin seeds. When they are sizzling stir in the spring onions, chillies, garlic and ginger. 5. After a minute, stir through the to- matoes and turn off the heat. Pour the tadka into the dhal so it floats on top. This is the traditional way to serve it, with the scented oil settled on top. I prefer to stir it through and then season with salt, sugar and lemon. 6. Finally stir through the fresh coriander and serve with some rice or fresh bread for ultimate comfort food. My Secret When I’m tired I crave dhal. It’s like a hug in a bowl. To bulk it out and make it more of a meal I stir through some fresh greens such as spinach or watercress. A great way to use up old veg in your fridge.
This is probably the most famous lentil dish coming out of India. Yellow lentils tempered with spices and the usual holy trinity. It has always been a favourite of mine and it would grace our family dinner table at least once a week when I was growing up. There are lots of different recipes of flavouring the oil (tadka) so play around with your spice pantry and see what you come up with me. If you haven’t got half of these spices then don’t worry, just add a tablespoon of your favourite spice paste and it will taste just as delicious.
Serves 4 Prep Time 10 minutes Cook Time 45 minutes
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300g toor dhal (yellow lentils/yellow split peas), washed in several changes of water 1 tsp turmeric powder 2 black cardamom pods (optional) 3 tbsp vegetable oil 2 cinnamon stick 4 green cardamom pods 6 cloves 2 tsp black mustard seeds 1 tsp cumin seeds 2 spring onions, finely sliced 2 - 3 chillies, any colour, deseeded if you don’t like it fiery, some chopped and rest left whole 2 fat cloves garlic, finely chopped 1 tbsp fresh root ginger, finely chopped 6 cherry tomatoes, cut into half good pinch of salt, to taste 1 tsp sugar, to taste juice of ½ lemon, to taste lots of fresh chopped coriander, to garnish
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anjalipathak.com
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Creating an unforgettable food experience RESTAURANT BRANDING
BY VAISHALI SHAH Founder, Creative ID
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In a competitive restaurant industry, impactful branding is key to creating a memorable experience for customers. As branding and marketing experts, we understand how to craft a brand identity that captures the essence of your restaurant and ensures it stands out in a crowded market. Beyond serving excellent food, it’s about developing a brand that resonates with diners, evokes positive emotions, and builds loyalty.
Visual Identity: This includes your colour scheme, typography, and design elements that are consistently used across all branding materials. A cohesive visual identity helps in creating strong brand recall. Brand Voice and Messaging: Your brand voice should reflect your restaurant’s personality. Whether it’s a casual and relaxed family-friendly restaurant or a sophisticated and glamorous fine dining experience, maintaining a consistent tone across all communication channels helps in building a strong brand identity. Leveraging Digital Marketing for Brand Visibility In today’s digital age, an engaging online presence is important for restaurant branding. Here’s how you can effectively use digital marketing to boost your brand visibility: 1. Social Media Marketing: Social media platforms like Instagram, Facebook, and X are powerful tools for reaching a broad audience. Here’s how to make the most of them: Visual Content: Share high-quality photos and videos of your dishes, behind- the-scenes content, and customer experiences. Platforms like Instagram thrive on visually appealing content, so make sure your posts are engaging and reflect your brand identity.
The Importance of Restaurant Branding Branding in the restaurant sector goes beyond a catchy name or an attractive logo. It encompasses the entire customer experience from the moment they discover your restaurant online to their in-dining experience and post-visit interactions. A strong brand creates a cohesive and consistent message that communicates your restaurant's values, culture, and unique offerings. Establishing a Unique Brand Identity Your brand identity is the foundation of your restaurant's branding strategy. It should reflect what makes your restaurant unique, whether it’s your culinary style, the ambience, the origin of your ingredients, or the story behind your establishment. Here are some key elements to consider: Brand Name and Logo: Your brand name and logo are often the first things customers notice. They should be memorable, reflect your restaurant’s personality, and be easily recognisable. Think of iconic logos like the golden arches of McDonald’s or the mermaid of Starbucks – these logos are instantly associated with their respective brands. For example, take the distinctive logo we created for Masalchi Restaurant by Michelin star chef Atul Kochhar. Inspired by the vibrant colours and heat of Indian spices, the logo features a fiery red dot on the ‘i’ against a turmeric yellow background. This striking contrast, combined with an elegant yet modern typeface in all capitals, ensures the brand stands out. It catches the eye of passersby in Wembley Park, a bustling hub of culture, food, and shopping.
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"Your brand voice should reflect your restaurant's personality."
For instance, we designed the logo for N’awlins Jazz Bar (at the Marsa Malaz Kempinski, The Pearl, in Doha), combining playful typography with a black and gold colour palette, reflecting the bar's sophisticated and energetic atmosphere. Sharing visually compelling images of this logo and the hotel bar’s vibrant ambience can attract and engage potential customers. User-Generated Content: Encourage customers to share their dining experiences and tag your restaurant. Reposting user-generated content not only provides authentic marketing but also cultivates a sense of community. Engagement: Actively engage with your followers by responding to comments, hosting giveaways, and running interactive polls. Engagement builds a loyal online community and enhances brand visibility. 2. Website and Online Presence: Your website is your digital storefront and should provide a seamless experience for visitors. Ensure it is: User-Friendly: Easy to navigate with clear menus, contact information, and an online reservation system. Mobile-Optimised: Many customers will access your website on their smartphones, so make sure it’s mobile-friendly. SEO-Optimised: Use relevant keywords to improve your search engine ranking and drive organic traffic to your site. For instance, Ottolenghi’s website effectively uses keywords related to Mediter- ranean-inspired cuisine and recipes, which helps attract their
and Trip Advisor. Respond to reviews, both positive and negative, to show that you value customer feedback and are committed to improving their experience. The Role of Innovation in Hospitality Branding The hospitality industry is often at the forefront of innovation when it comes to branding and marketing, and 2024 promises to be no different. With new launches and openings of stunning hotels and restaurants worldwide, standing out in this space is all about making noise about your unique offering – and why guests need to be a part of it. Hospitality experiences today are related to technology: the online booking experience, the reputation led by digital reviews, the impeccable visual content that defines restaurant brands, and the video content drawing guests in. An engaging online presence and captivating digital marketing are crucial for hotels and restaurants to succeed. As experts in branding and marketing for the hospitality industry, among others, we’re always exploring new trends set to dominate the industry. For this year ahead, we’re seeing a focus on elevating the automated booking process, offering personalised and
audience interested in their innovative culinary offerings.
3. Online Reviews and Reputation Management: Online reviews significantly influence customers’ dining decisions. Encourage satisfied customers to leave positive reviews on platforms like Yelp, Open Table, Google,
bespoke experiences, creating captivating short-form videos
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The Role of Touchpoints in Reinforcing Your Brand Think of brand touchpoints as stops along the way of your customer journey. Optimising these opportunities means engaging with your audience, serving them as best you can, and connecting with
(between 15-60 seconds) that balance aesthetics and authenticity, and curating branded communication platforms over social media. And while these trends are all routes towards growing and strengthening your brand identity, ultimately the most important thing is always consistency. Creating a Memorable In-Dining Experience Your restaurant’s branding should seamlessly transition from the digital world to the physical dining experience.
customers who will become loyal followers and a source of great professional reward too.
At a time when information is everywhere, competition is fierce, and options are abundant – you need to be standing out for all the right reasons. Leading a customer from discovery to purchase is a carefully curated process made up of these touchpoints, which, one after the other, help consumers build the trust and aspirational appreciation they need to choose to invest in you. Your aim should be to create the most unique, authentic, and stress-free journey for your customers, from first touchpoint to last. When you improve your audience’s experience of your brand, you can not only create a true following but also make an actual bottom-line impact on your revenues and profits. How you make your clients feel about your brand is essential to your success – that is, whether they believe you to be professional, to have expertise, to be high quality, and to be suited to their needs. When you concentrate on providing a consistent face to your brand, from the smallest detail to the largest one, your audience will notice, and your status in the industry will grow and strengthen. In turn, this leads to capturing more business, while doing more rewarding work.
Here’s how to ensure a consistent and memorable in-dining experience:
1. Ambience and Interior Design: The ambience of your restaurant should reflect your brand personality. Whether it’s a cosy café with rustic décor or a chic fine- dining establishment with modern furnishings, the interior design plays a key role in creating a memorable experience. 2. Menu Design and Presentation: Your menu is a critical touchpoint in the dining experience. Ensure that it is: Visually Appealing: Use high-quality images and a design that reflects your brand’s aesthetic. The menu at Dishoom, for example, is visually appealing and perfectly captures the spirit of Bombay’s Irani cafés. Clear and Informative: Descriptions should be enticing yet clear, and the layout should be easy to navigate. Consistent with Brand Identity: The language, style, and presentation should align with your overall branding. 3. Staff Training and Customer Service: Your staff are brand ambassadors and play an important role in delivering a consistent brand experience. Invest in training programmes to ensure they understand and embody your brand values. Excellent customer service can turn a one-time visitor into a loyal customer.
Conclusion
Effective restaurant branding is about creating a cohesive and memorable expe- rience that resonates with customers both online and offline. By establishing a unique brand identity, leveraging digital
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marketing, creating a memorable in- dining experience, and strategically using touchpoints, you can build a strong brand that stands out in the competitive food and hospitality industry. For further information, please contact Vaishali Shah, Founder & Creative Director of Creative ID. Vaishali is an award-winning entrepreneur with over 20 years of experience, running two successful businesses: Creative ID, a branding and marketing consultancy, and Ananya Cards, a wedding and event stationery business. Based between Dubai and London, Vaishali is an international branding and marketing consultant who leverages her 25-year marketing background, real-life experience, and deep cultural knowledge to help businesses worldwide, particularly in the food, hospitality, and lifestyle sectors. She
assists them in connecting with their ideal clients, enhancing their brand experience, and crafting aspirational content. Her clients range from Michelin star chefs and international hotel chains to business coaches and interior designers. Vaishali's mission is to ensure that a brand accurately reflects its identity and resonates authentically with its audience, fostering loyalty, sustainable growth, and new transactions. Committed to making a positive impact, she donates 10% of her profits to charity.
www.creative-id.com
vrshah@creative-id.com
Connect with Vaishali
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In this podcast:
Housing, immigration and infrastruc- ture as key components of stabilising the economy and the importance of long-term skills strategy is also covered. This is a wide-ranging conversation which is aimed at anyone who is interested in what businesses can expect over the next few months and years.
In this episode, Bhavini Kalaria, discusses the recent Labour victory and what the high street, and businesses can expect from the new government, with Matthew Jaffa, senior external affairs manager at the Federation of Small Businesses, London and Yedidya Zaiden, partner at Raffingers accountancy practice. Anticipated changes to planning, employment law, and Labour's small business plans are con- sidered through the lens of what impact these might have on SME's.
Connect with Matthew
www.fsb.org.uk
Connect with Yedidya
www.raffingers.co.uk
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Questions You Should Ask Before Entering into a Lease for Your Restaurant
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sarah.benjamin@haroldbenjamin.com
BY SARAH BENJAMIN Solicitor, Commercial Real Estate
Connect with Sarah
Leasing a restaurant space is a significant commitment. To ensure you make an informed decision, here are the top 10 questions you should ask before entering into a lease:
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What Are My Repair Obligations? Assess the property’s condition to avoid unexpected repair costs. A photographic schedule of condition can limit your repair obligations, ensuring you only need to maintain the property to its original state at the time of lease commencement. Is There a Break Clause and Right to Assign the Lease? A break clause offers flexibility if you decide not to continue operating from the property. The right to assign the lease allows you to transfer it to another tenant, providing a safety net if your business doesn’t perform as expected. Can I Have Outdoor Seating? If you need outdoor seating, ensure the lease permits it explicitly. If the pavement area is owned by the landlord, a separate seating licence may be required. If owned by the local authority, a pavement licence will be necessary. Is the Location and Licensing Suitable? Choose a property that attracts your target demographic and is accessible, with good transport links and nearby parking. Check for competitors in the vicinity. Ensure you understand the licences required, such as a PRS licence for music, a TV licence, and an alcohol licence. Can I Operate a Dark Kitchen? If you plan to operate a dark kitchen (a kitchen that only provides takeaway and delivery services), negotiate lease provisions that allow this. Check if plan- ning permission is needed, as restaurant use doesn’t automatically include the right to provide takeaways under the Town and Country Planning (Use Classes) Order 1987. By asking these questions, you can secure a lease that supports your restaurant’s success and long-term viability.
What is the Rent-Free Period? Evaluate what works need to be carried out, how long they will take, and allow for unforeseen delays. Negotiating a sufficient rent-free period can prevent you from becoming liable for rent before your restaurant is ready to open. Do I Have Security of Tenure? Ensure your lease falls within the Landlord and Tenant Act 1954. This provides you with the statutory right to renew your lease at the end of the term, ensuring you are not obligated to hand the property back to the landlord prematurely.
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Is There an Exclusivity Clause? An exclusivity clause can protect your
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business from competitors opening nearby, especially if your property is in a shopping centre or leisure park. This clause ensures that no other restaurant selling the same type of food will open in close proximity, safeguarding your footfall and sales. What Are the Equipment Provisions? Make sure the lease includes explicit rights to install, locate, and maintain essential equip- ment such as heating, ventilation, cooling, and air-conditioning units. This is crucial for the operational efficiency of your restaurant. What Restrictions Are in Place? Understand common lease restrictions, such as those on: – Causing annoyance or nuisance – Food smells emanating from the property – Sale of certain foods – Placing objects outside the property – Noise, music, and entertainment
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– Trading hours – Sale of alcohol
These restrictions can significantly impact your restaurant operations, especially if the property is in a mixed-use building with residential units.
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CASE STUD
THE LEGAL CORNER MAGAZINE | ISSUE 008 JULY '24 | RESTAURANT, FOOD & BEVERAGE EDITION HB 26
CASE STUDY E DY john.belasis@haroldbenjamin.com Connect with John rima.sengupta@haroldbenjamin.com Connect with Rima james.oxley@haroldbenjamin.com Connect with James
Harold Benjamin completed a complex £5.7m SPA purchase of two Food and Beverage industrial units in the greater London area with specialist-term loan-financing from the State Bank of India (UK) in addition to a complex tax-efficient intercompany lending arrangement in place. Time was of the essence to complete this transaction under immense pressure from all parties involved. Our Corporate, Banking and Commercial Real Estate teams worked closely together with the State Bank of India (UK), Monarch Commercial, and specialist tax advisors Malcalvins to achieve this time-sensitive completion.James Oxley, Head of Corporate ; John Oliver Belasis, Commercial Property, Legal Director; Rima Sengupta, Banking and Finance, Partner.
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EVENTS
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We are extremely pleased and proud to announce that Harold Benjamin has won the Law Firm of the Year Award at the inaugural Eastern Eye Property Awards! We’d like to thank our staff, clients, partners and everyone in the property industry who have supported us over the past 70 years. AWARD WINNERS!
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YOUNG PROFESSIONALS NETWORK GOES PAINTBALLING
Succession planning is vital to any business and therefore, at Harold Benjamin we have our own Young Professionals Network (YPN) to help develop our next generation of lawyers.
Lead by by Sunil Vaghji, Rukhsar Aziz and Abinaya Kailayapillai the YPN organise in-house training, a healthy exchange of information between colleagues and networking opportunities amongst clients whilst being supported by our senior directors as well as the partners of the firm. Most importantly the YPN encourage team building, bonding and having fun through a number of social activities...including last weekend's paintball game.
It might have been cold and wet (and the paintballs might have hurt!) but a great time was had by everyone channelling their inner 'Rambo'.
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As part of our on-going ‘Pitfalls and Potential’ series, our colleagues Marina Vincent, James Oxley, and Sunil Vaghji discussed the common property, employment, and commercial issues that restaurant owners grapple with. WEBINAR: THE PITFALLS & POTENTIAL OF RUNNING A RESTAURANT BUSINESS
Connect with Marina
marina.vincent@haroldbenjamin.com
Connect with James
james.oxley@haroldbenjamin.com
Connect with Sunil
sunil.vaghji@haroldbenjamin.com
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FIND US ON SPOTIFY!
We are pleased to have launched our podcast series via Spotify. If there are topics that you would like to hear about – please feel free to share with us at marketingteam@haroldbenjamin.com
Listen to our podcasts here >
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For previous issues of the HB Legal Corner or other legal insights visit our website: haroldbenjamin.com/legal-corner-magazine
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If you are a property or funding specialist and would like to contribute to this magazine we would love to hear from you. To submit an article, or for other ways in which your business can feature in this magazine, please send an enquiry to marketingteam@haroldbenjamin.com
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