If you are planning any events at your venue this bank holiday here are a few considerations to ensure that your bars and clubs are adequately covered and your licensees are aware of the latest legislation. Does your insurance cover such an event? Are you even aware of your insurance responsibilities?
Insurance
If you are planning any event which includes activities of a hazardous nature, then you must contact NDML as soon as possible because liability insurance will not be in place unless specifically agreed by your insurer.
Hazardous events might include, but are not be limited to: Archery, Assault course, Bouncy castles (inflatables), Bungee jumping, Clay pigeon shooting, Go Karting, Firework Displays & Bonfires etc
If outside contractors are employed to provide attractions, the event organiser should check that each attraction provider holds adequate public liability insurance with an adequate indemnity limit and retain a copy of the certificate on your file.
If you allow people who are not employed by you to run stalls, displays, rides, sideshows etc., you should ensure that they have their own public liability insurance to cover both property damage and accident or injury to members of the public. Despite the Unfair Contract Terms Act, some conditions observed recently have endeavoured to place onerous responsibilities upon the event organiser, which should have been catered for by the suppliers’ own liability insurance.
Legislation
All entertainment events are classed as work, as are most activities, so they are subject to the Health and Safety at Work Act and the various other regulations passed under it. Also it is virtually certain that any volunteers working at the event will be classed as employees for the purposes of Employers Liability and Health & Safety legislation.
An event organiser has a duty to ensure that any premises, open spaces, means of access and egress, and any plant, equipment and substances are safe and without risk to the health of any employees, volunteers or visitors.
As you want to hold a safe event, make sure you carry out a risk assessment and act upon its findings to eliminate and mitigate risk to your employees and volunteers and the members of the public who attend.
Make sure that you know whether you need a Temporary Event Notice from the local licensing authority.
Planning the Venue
Organisers need to consider the suitability of the proposed venue. Whilst the owners of any buildings and land that are used have a responsibility to ensure that their property is safe, it is the organisers who have a primary responsibility.
Points to consider:
- Has the local Fire Prevention Officer been contacted to ensure that the proposed use is acceptable and that there is no breach of any fire regulations?
- Are buildings large enough with sufficient entrances and exits for the numbers anticipated?
- Are fire exits clearly marked?
- Are sufficient fire extinguishers provided?
- Do exhibitors or stallholders need to bring in equipment?
- Are doorways wide enough to accommodate such equipment?
- Are there awkward steps or corridors to negotiate?
- Are there sufficient numbers of people to help unload?
- Will vehicles need to be brought close to entrances and what are the traffic implications?
Warning
Whilst inebriated customers are par for the course in the late night and leisure and hospitality industry all year round, the summer sun can be bring out the worst in many. It is important therefore that all licensees and bar staff are aware that under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 fines are up to £1000 for selling alcohol to somebody who is drunk, or being drunk and disorderly in public.
Expert advice
NDML are award winning, specialist’s brokers for the late night and leisure and hospitality industry. For further information on any of the subject matter mentioned above, to arrange a confidential face to face review or to speak to one of our experts.
