The Courier & Advertiser (Fife Edition)

Clear head vital when joining Scotland’s craft drinks revolution

Pitfalls of setting up a new brewing and distilling operation

- ROBERT BARR, SENIOR SOLICITOR AND CAROLINE PIGOTT, ASSOCIATE, THORTONS LAW

Land managers have always looked for ways to maximise the use of property and many have ventured – or are venturing – into craft and artisan drinks.

However, before you think about trawling the internet for second-hand brewing kits and clearing the old lambing shed, you should always seek profession­al advice. Here are some points to think about: If you are a tenant, check the terms of your lease as you may need to give notice to your landlord.

Do the land and buildings needed benefit from agricultur­al property relief (APR) from inheritanc­e tax? Once you start using them for producing craft drinks APR will not apply.

Not such a worry if it is a small building, but if the grain shed becomes a store for raw materials and produce the effect could be greater. Business property relief could be available in due course. What about business rates? Agricultur­al land and buildings are currently exempt but that will not apply if you stop using them for agricultur­e. Will planning permission be needed? Even if not building, do you need change of use from agricultur­al use?

If you are building, are there conditions in your title (or lease) that prevent this or could prevent you using the building for its intended purpose?

The impact of these could be alleviated if planning is already in place.

You may also need approval from the licensing board.

If bank funding is required, ensure you can meet all the loan conditions before embarking on your new venture.

Funding issues can be cheaper to solve if not rushed – you do not want to be desperate to buy equipment and get started, but have to wait while funding roadblocks are resolved.

While there are practical issues to consider before starting your craft brewery or distillery, there are plenty of organisati­ons making this work well and creating a name for themselves.

Brand identity is a key element for any Scottish craft beer or spirit company.

Customers buy the brand and if you create a distinctiv­e name that is both memorable and informativ­e about your product, you are more likely to succeed in this highly competitiv­e market.

Experts will define “brand” in different ways – however, to our mind it is a combinatio­n of what you think of yourself and what others think of you.

Everything you do affects your brand, but registered trademarks are the best way to formally protect the name and logo of your business.

To be sure your brand is available for use, at an early stage ask your trademark expert to carry out a search.

Then, if all is clear, they can help to draft the applicatio­n.

If all goes smoothly, three months later you will have a UK trademark that lasts for 10 years.

You can use this registrati­on to stop other people copying your name or logo and ensure your brand remains special.

Before trawling the internet for second hand brewing kit and clearing the old lambing shed, you should always seek advice

 ??  ?? Vacant farm buildings are often repurposed.
Vacant farm buildings are often repurposed.

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