Switch4Profit May Reopening Checklist

ARE YOU READY?

 

 

Boris Johnson has excitingly announced the next stage of lockdown easing from May 17th.

 

This is fantastic news for many business owners, especially hospitality who have been unable to reopen. The lifting of restrictions means that pubs and restaurants will be able to serve groups of six or 2 households inside for the first time since December.

 

There is already a lot of activity getting venues ready to welcome customers back through the doors, but based on our experience, taking payments is sometimes at the bottom of a very long to do list.

 

PLEASE DON’T LEAVE IT TILL FRIDAY 14th.

 

Last time restrictions were eased we were inundated with calls and emails with a multitude of last-minute requests needing urgent action. So much so that we dubbed it ‘Black Friday’! This was a repeat of the week before re-openings in July and the beginning of August for ‘Eat Out To Help Out’ last year.

 

Here are some of the most common questions we were asked:

 

1.Why isn’t my terminal working?

The number 1 reason is that the battery has fully depleted. Try plugging it in and charging it for at least a few hours. If it’s still not working, then make sure your account is up to date. You may well have been charged for your terminals over lockdown and if you haven’t been paying your bills then your account may have been suspended.

 

2. Why can’t I take payments outside or in blackspots?

Your communications coverage doesn’t reach and your terminal may not be GPRS enabled.

 

3. Why does my connection always drop when we are busy?

The main reason for this is your terminals are WIFI enabled, and you are sharing a domestic WIFI connection as Free WIFI for your customers. As all compete for the same data feed then it slows down and transactions time-out.

 

4.How do I integrate my terminal with my Tills / EPOS?

If you have the right card terminals, they can easily be connected to your EPOS (subject to provider and software version) which will reduce keying errors and help serve your customers faster because there’s no need to enter the transaction amount twice. Just type the amount into your EPOS and it will automatically push it through to your terminal. Pay at Table mode also means printing and splitting the bill and adding gratuity can all be done on your card machine.

 

5. Can I change, upgrade or get an additional terminal?

Yes! Introduction of table service and new outdoor spaces and ways of working was an eye opener for many pubs when they opened as their card terminals just weren’t up to the job. Make sure you test your current card machines now so that you’ve got time to make improvements or order more terminals before 17th May.

 

6. Can I have an app for my customers to order and pay through?

Apps are great for use outdoors and indoors. They reduce face to face contact and speed up service in line with social distancing guidelines.

 

7. Why is my current app so expensive?

Apps exploded onto the scene last year and many operators were pushed to a particular platform by their pub group, social network groups or snapped up in the panic to get one. The majority of operators who we have dealt with have ended up with 2 different solutions and none of them linked to their main payment service provider (for credit card machines) which has resulted in expensive and onerous contracts which provide a poor experience for ‘the customer’.

 

8. Can you help me get out of my current contract?

Yes – we cover up to £3k in cancellation costs and handle the whole process for you.

 

In short be prepared – You’ve only got 6 days to test your card machines and make changes!

 

We at Switch4Profit take pleasure in finding operators solutions for no extra cost and usually find that we save you money in the process. We are ex operators who, listen to your needs, understand your problems and provide a no-nonsense solution that works! Happy customers, happy you and happy us – a win-win solution for all!

 

Please don’t leave it till the last minute – Get in touch as soon as possible by clicking HERE.

This is a guest blog written by Switch4Profit.

Expert Buying Group – May Update

Latest Pub Feedback

46% running out of fast moving drinks

35% having delivery issues

17% say customers are asking for a broader range

Solutions?

  • Order early
  • Stock up
  • Expand the range
  • Buy better

For your free pricing consultancy click HERE.

This is a guest blog written by G.I.F.T.

Switch4Profit update – Covid passports and the hospitality sector

Boris Johnson shelves covid passports for pubs and restaurants (s.Propel)

The Daily Mail has claimed Boris Johnson has shelved plans to introduce covid passports in pubs and restaurants this summer. The newspaper reported: “The Prime Minister has shifted the focus of the controversial scheme away from the hospitality sector, government sources have said. Officials have been ordered to concentrate instead on devising a system that will enable foreign travel and the reopening of sectors like theatres, sports venues and nightclubs.

The PM floated the idea of extending a new ‘covid certification scheme’ to the hospitality sector last month, saying it ‘should not be totally alien to us’. And officials suggested that venues deploying the policy could be allowed to relax social distancing rules in return. But with political opposition mounting and the virus in retreat, Mr Johnson is understood to be turning against the idea. One government source said: ‘I would be amazed if we introduce covid certification for hospitality this summer. The focus is more on big events and reopening sectors that we struggled to open last year.’

The Prime Minister hinted at the shift in thinking last week, saying: ‘What we are looking at – what I think any responsible government would look at – is how we use people’s covid status to open up those things that are very tough and did prove very tough to open last year.’ However, sources acknowledged that any scheme could be extended to the hospitality sector if there is a surge in cases later this year.

Leading sports bodies – including the Football Association, the Premier League, the England and Wales Cricket Board and the Lawn Tennis Association – have urged ministers to investigate a covid certification scheme if it is the only way to get venues full this summer. Any scheme would also allow people to show they have had covid in the previous six months or that they have had a recent negative test, instead of producing their vaccination status. It comes as ministers have faced renewed calls to ditch all social distancing rules in June.

In an open letter yesterday, a string of prominent scientists said the government should focus on the vaccine success and lift the restrictions. Signatories include Professor Robert Dingwall, who sits on a sub-committee of the government’s Sage group, and Professor Carl Heneghan, director of Oxford University’s Centre for Evidence-Based Medicine. But one government adviser disagreed with their calls to lift the rules. Professor Stephen Reicher, of the University of St Andrews, warned: ‘The government delayed taking action in the autumn. Infections soared and we had to impose harsher restrictions for longer. Don’t let these siren voices lead us back into lockdown again.’ ”

This is a guest blog written by Switch4Profit.

VOA revaluation of rateable values

The VOA is writing to all publicans as they roll out their revaluation of all commercial property by 2023.

The VOA page related to this process can be found HERE

The revaluation document has a blank box right at the end for you to write any comments and or get clarification from the VOA.

We strongly suggest publicans include the following text to the VOA – this is in order to avoid the chronic problem of the VOA using your actual trade as the basis of the rateable valuation assessment.

…………………………………
Sirs,
The accounts on their own simply indicate a level of trade I am attaining and perhaps a rent I can ‘afford’ rather than any open market rental value (RV) that an REO would pay. I would argue that our accounts demonstrate I am over trading, and as you know, the tenant’s accounts should not be adopted for the purposes of setting rent under FMT. The fear is you would be assessing us on our performance, and I naturally seek reassurance from you, and evidence in the form of comparable pubs and sight of a detailed calculation of FMT that this is not going to be the case and that the assessment you are undertaking is following a recognised professional assessment of a public house.
So to be clear:
Are you going to be setting the rent based on my accounts?
If not then why do you need them?
Are you assessing the FMT without a visit to the pub?
If not, what weight are you attaching to the evidence I am supplying on this form?
How will you assess and disregard the goodwill of our operation given that there is no box/section on the form you have supplied?
Further, I will need to see the detailed FMT breakdown from your surveyor that underpins the lawful assessment of RV, e.g. the revenue and expenditure, including the sales mix (% of draught wines spirits and minerals, the sediment & wastage you are applying) the gross profit for the categories and or selling prices and a detailed breakdown of the expenditure wages, utilities etc.
Please confirm the comparable pubs (if any) you are relying upon in the assessment of the RV or if you are using benchmarking and if so what benchmark?

Further, it is noted that during (public health) restrictions a pub business is for the most part unable to trade and or has to comply with all new stringent requirements which come with extra costs. This is quite unlike other classes of retail businesses who like us sell food and drink to consumers and are able to open with no such restrictions. This has exposed the clear disadvantage a pub business such as mine faces going forward. Seeing as it is quite foreseeable that my pub is now treated differently in such situations I expect a reduction in the RV as a matter of course to reflect the changes in operation our pub faces under restrictions. The other commercial retailers, many of whom have no such impediment and have had huge uplifts in trade can of course expect an uplift in their RV as they have clear advantages that are far in excess of our pub business.

I look forward to hearing from you regarding the above points.
 

…………………………………

If you need specific help with the VOA assessment please see our dedicated page HERE

 

 

 

 

Business Interruption Insurance Update April

It has now been  3 months since the Supreme Court handed down its judgment. A recent publication by the FCA on data collected by it from insurers affected by the Test Case, on 13 April 2021, shows that only 38% of policyholders who had claims accepted have received at least an interim payment.

A table published by the FCA (You can download a copy here > FCA DATA) shows that 1 in 3 claims made is still yet to be accepted by the relevant insurer, although this varies greatly amongst individual insurers.

The picture that is emerging is that even for straightforward claims, insurers still appear to be delaying either accepting liability or making payment.

That pattern is even clearer for claims that are not straightforward, especially those where the policyholder has to prove the presence of COVID-19 on their premises.

Cerulean is now in the process of putting together claims against the insurers listed below, and if you have encountered difficulties with them or would like to join these actions, please click HERE.

 

List of Policies: 

Accelerant

Aqueous/ QIC, QIC Europe/HIUA/Aston Lark

Brit

DOA/ China Taiping

HIUA Public House

New India

Axis/CMU

Eaton Gate

 

This is a guest blog written by Cerulean Law.

 

My employee has got another job during furlough and is not coming back. What should I do?

The financial impact of COVID-19 on businesses and employees has been clear for more than a year.

Many employers already had contracts of employment for their employees when they subsequently furloughed them as a result of the financial impact of coronavirus on their businesses. However, others did not.

Employers were then generally told by HM Revenue & Customs (HMRC) that they needed to have written furlough leave agreements in place and scrambled to put these in place. However, for those employers that did not have contracts of employment in place for their employees, gaps have arisen in the ability to bring their employees back to work during the easing of the lockdown.

Now that some industries are returning from the lockdown, they are finding that many of their employees have gone and found other work whilst also being on furlough, but have not requested permission from their furlough employers to do so. Many employees have also indicated that they are not willing to return to the existing jobs for which they have been furloughed, which has not only left those employers in the lurch, but has also meant that they have been making National Insurance contributions and pension contributions, as well as possibly topping up an employee’s pay, when that all might have been avoided.

So what can an employer do in these circumstances?

Many might hope that the employees might simply resign, but this is largely wishful thinking. After all, if you were being lawfully paid to do a job and be furloughed, would you resign? Therefore, trying to force an employee to resign could be a high risk move, particularly where that employee has two or more years’ service.

The next route might be to consider making those employees redundant, but redundancy focuses on the role rather than on the individual fulfilling that role. Therefore, if the employer makes an employee redundant because the employee will not return to that role, then the employer could be laying itself open to claims of unfair dismissal and perhaps even discrimination, depending on the circumstances.

Ordinarily, the aim would be to look at the contract of employment itself to see if it requires an employee to request permission before obtaining additional employment. However, in the absence of such a contract of employment, the alternative might be to attempt to enter into a new furlough leave agreement specifying that the employee must obtain permission before seeking additional employment from the point where they were furloughed, which might force the issue.

From there, the situation could go a number of different ways, so it is important that the process of taking employees off of furlough leave and managing any correspondence with them to determine what the next steps are is handled robustly. Employers should seek advice on how to handle this.

Employers also need to be mindful that there could be risks of HM Revenue & Customs reviewing the furlough situation to determine whether it is fraudulent or not (even if the employer claimed the furlough grant with the best of intentions) so, as part of this process, the employer should also gather as much information as it can from the employee to ensure that it has the best opportunity to defend itself should it need to.

It is also important to understand that, whilst it might not be possible to recover the sums that have already been paid, it might be possible to prevent making further payments to an employee who has no intention of returning to their post.

This article is intended for information purposes only and not as a substitute for legal advice. TP Legal does not accept any responsibility for any decisions that you may make as a result of reading this article.

This is a guest blog written by TP Legal Solicitors.

If you would like legal advice from TP Legal Solicitors, then please get in contact and click HERE.

Pub Customer App Service

A well needed helping hand for pubs.

The BarCode & Switch4Profit have formed an exciting new partnership to help pubs both grow sales and reduce costs post lockdown.

Despite both companies being relatively young, their founders have years of experience in the hospitality sector across both the operations and marketing functions. Their aims are aligned – to help pubs and restaurants grow their business whilst reducing costs, improving operations and ultimately increasing profit. After all – that’s what we all want right!?

The BarCode’s app has been specifically designed to promote venues to a new and wider audience.

 

  • Your future customers download the app to find venues near them
  • They can order and pay at the table
  • They can even make bookings, split the bill and click & collect

Not only will the app grow your customer base, but there are both EPOS integrated or web-based options. The best part is that there are no setup costs, monthly charges, service fees or commissions.

Co-Founder Ben Milnes states “We are first and foremost footfall drivers and by bringing together fantastic independent venues under one banner, we are creating a marketplace to rival any large group. We give our venues fantastic tools to increase visibility, drive footfall and keep the independent scene thriving. There is also an option to use our app as your ‘Order & Pay at Table’ solution”. Their popularity speaks for itself with almost 100 outlets using the app since their launch in 2019.

Where the proposition gets even better is that Switch4Profit will also offer a free review of your existing EPOS, credit card terminal and order/pay at table providers.  S4P was formed by Paul Marsh and to date has over 200 clients (including multiples) operating over 400 outlets, the majority of which are in hospitality, and has introduced savings for them in excess of £1.25m per annum on merchant services alone.

Switch4Profit will:

  • Buy you out of your current merchant services contracts
  • Introduce significant savings
  • Provide the latest technology in the sector
  • Integrate with The BarCode app and most EPOS systems (if required)
  • All on a monthly rolling agreement with no long term contract

With average savings of up to 42% for merchant services this means that the partnership with The BarCode will you not only increase your footfall but reduce your overheads.

On working with The BarCode Paul says “The suppliers we work with are the leaders and disruptors in their field. Those that provide a combination of the best service and price. They value what we do and they are part of our team. We have sourced the very best, vetted them and feel confident that all the fat has been stripped out”.

Paul Pavli Consultancy who brought the two companies together simply states that “The partnership makes sense and if an operator can see the benefit of this free review and service then the savings the partnership can introduce more than funds the cost of any promotional discounts that they be willing to advertise through the app.”

Get in touch for a free assessment of how The BarCode app and services can help drive new customers to your pub, and how Switch4Profit can drive down your EPOS, credit card terminal and order/pay at table costs whilst improving your customer service and day to day operations.

Click HERE to get in contact today.

 

 

MRO must be with a Deed of Variation – Arbitration award

Another groundbreaking MRO victory for tied tenants represented by the Pubs Advisory Service.

The Pubs Code Adjudicator arbitration ruled that EI Group (Stonegate) MUST issue a Deed of Variation to a tied tenant who was trying to go free of tie and, that the pub companies new lease was in breach of the pub’s code as it made the tenant worse off.

The case was another nail in the coffin of Pub Companies consistently proposing new agreements to sever the beer tie at MRO. PAS who represented the tenant made the firm and lawful argument that this matter could be done easier and cheaper using a common and widely used method of a deed of variation (DOV).

 

The Arbitrator ruled in favour of PAS/Tied Tenant:

.…..A standard template lease to be applied by the POB is potentially a burdensome position for the tenant with limited
strength and negotiating support and consequently could result in unfairness to the tenant…….

……I find for the Claimant that the MRO-compliant tenancy is
most fairly and appropriately achieved by a DOV and not by a NL (New Lease) and
satisfied that the DOV will comply with the provisions of sections 43(4)(iii)
and 43(5)(b) of the SBE&E Act15.”

 

Download the award here DOV_MRO_Award

If you need an award-winning pubs expert helping your business then please contact us HERE

Hop House 13 – A Bitter End?

Hop House 13 – A bitter end?

Or a great opportunity to put something new and interesting on the Bar?

Here’s our thoughts as a starter for 10.

Camden Pale

Shed Head

Camden Hells

Hackney Hopster

Brooklyn

Ranging from £67 – £75 for a 30lt and all achieving better RSP’s than the outgoing brand.

If you would like to know more, then please click HERE.

Distasteful MRO case

The PCA recently published an MRO arbitration case in which the PubCompany Star Pubs and Bars (Heineken) were represented by DLA Piper.

The tenant was being represented by Pubs Advisory Service.

The tenant had sadly passed away sometime earlier and this event was now being gamed by the pub company to try and overturn the previous MRO award (which had gone in favour of the tenant).

In an unprecedented dressing down the arbitrator said, in its award to the parties, that the argument put forward (from Star Pubs / DLA Piper) was distasteful – see point 45.

You can download a copy here > Pubs_Code_Statutory_Arbitration_Award_Distasteful

If you want help with MRO or pubs code disputes contact PAS HERE