Guides / Selling to new venues / 4 min

Contacting a new venue: the marketing rules in plain English

What UK marketing law lets a supplier do when approaching a new bar, restaurant or shop by email or phone, and where sole traders differ.

Published

A licence application tells you a business is opening. It does not let you market to it however you like. Two sets of rules apply: the Privacy and Electronic Communications Regulations, known as PECR, and the UK GDPR. This is a summary of the Information Commissioner’s guidance and is not legal advice.

Companies and sole traders are treated differently

Under PECR a company or a limited liability partnership is a “corporate subscriber”. A sole trader, and some kinds of partnership, is an “individual subscriber” and is treated the same as a member of the public.

How you make contactA companyA sole trader
Email or textThe PECR rule on electronic mail does not applyTreated as an individual, so the rule applies and you generally need consent
A live phone callNot to a number on the CTPS or the TPS unless the business has consented, and not to a business that has objectedThe same

In practice

  • Say who is calling, and let your number be displayed.
  • If you hold a named person’s contact details, even at work, the UK GDPR applies: tell them, and have a lawful basis.
  • Do not call a business again once it has objected.
  • Approach the business, not the individual. Where a licence applicant is a person rather than a company, CiviFlow shows “individual applicant” and nothing that identifies them.

Sources

  1. Information Commissioner’s Office: Business-to-business marketing

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