July 2008

Noctis

Noctis COMMENT

July 2008

Operational, Noctis comment, May 2008, COMMENTS

One of Noctis’ functions (as well as continuing to lobby for improved conditions for late night operators) is to explain the current legislative landscape. This terrain features more than enough legislation with which late night operators need to comply. The penalties for partial or non-compliance are often extremely high. With this in mind, we at Noctis (together with Poppleston Allen) have created a crisis management document, as a checklist towards full compliance.

The new document is neatly arranged into two sections. The first outlines the full list of pertinent legislation for businesses operating in the late night economy. The section is authored by Poppleston Allen’s Graeme Cushion. Taking the Licensing Act of 2003 as a starting point, Graeme says: “The power of review, together with approximately 50 offences contained under that piece of legislation, alone left operators in no doubt that they were going to be under greater scrutiny than ever before.” This raft of offences in turn encourages a whole range of responsible authorities (EHOs, Fire Officers e.t.c.) to use their powers more than ever. Sometimes, as operators often tell me, this can mean that one inspecting authority can be at odds with another inspecting authority – making compliance extremely difficult.

Other key areas of legislation include The Health & Safety at Work Act 1974, which requires businesses to have an H&S policy, and the management of Health & Safety at Work Regulations 1999, which requires employers to carry out risk assessments. The Food Safety Act 1990 compels employers to have a food safety management system within the HACCP (Hazard Analysis Critical Control Point) principles. The Regulatory Reform (Fire Safety) Order 2005 requires that “a responsible and competent person must carry out a fire risk assessment focusing on the safety of employees, customers and anyone who may have legitimate reasons for being in the building”. The Health Act 2006 contains the major offence of failing to prevent smoking in licensed premises as well as not displaying the correct ‘No Smoking’ signage. Taking effect in April, The Control Of Noise At Work Regulations 2005 compels employers to note noise level via a noise risk assessment.

The other major piece of legislation which came in during April 2008 is the Corporate Manslaughter and Corporate Homicide Act 2007. This momentous piece of legislation effectively makes it easier for organisations to be prosecuted for causing death. Graeme explains the new level of threat to business: “From the corporate point of view, there is now the real possibility of fines of up to 10% of turnover, together with requirements to make potentially expensive improvements to existing safety systems and to advertise failings publicly.”

Now more than ever, businesses need to have proper and up-to-date Health and Safety policies. In simple terms, this means that the Health and Safety reps listed on the policy need to be still working for your company and the equipment listed in the policy not changed or updated. Operators need to make sure that regular H&S training is carried out, and wherever possible, that the staff member has understood what they have been taught.

Clearly this level of compliance, along with the day-to-day safety and security regimes, will help prevent the vast majority of crises occurring within a business. Yet, despite all your best endeavors, a crisis may still arise. With this in mind, the second part of the document deals with how to cope with any unforeseen crisis - largely from a media perspective.

Damage to the reputation of a venue, or a brand, could prove fatal in these tough trading times, so it is key that the crises are handled efficiently and well. From your first contact with the media – when a statement may be required, to follow up interviews, to keeping all individuals informed and on side, all situations need to be handled with assurance.

Finally it is not enough just to be doing the right thing in terms of legal compliance, operators also need to be seen to do the right thing, especially given that many authorities still hold those outdated prejudices about our sector. The Noctis crisis management document can be downloaded as a PDF on the website: www.noctisuk.org

Words: Paul Smith (NOCTIS)

From: May 2008

Subscribe to NIGHT magazine