We get asked this question often now, and the short answer is usually ‘yes’. The longer answer is more complex though, so for those with a little more patience here is the longer answer.
The phrase ‘risk asessment’ is actually quite broad and vague, our pack covers three areas and each area is very different. So, to try and answer the question a little better, we really need three questions:
Q1 Do I need a licensing risk asessment?
Whilst there is no current legislation to compel you to carry out a licensing risk asessment that does not mean that you don’t need one. It can be included as a condition on your premises licence, in which case the answer is ‘very yes, you do need one’, but often times it is something that your local licensing officers will expect to see as evidence that you are complying with the four licensing objectives.
If they come calling and ask for staff training records or a look at your drugs prevention strategy and you can’t provide them then it’s likely that you will be seeing more of them.
Licensing risk asessments are, in the main, not compulsory. But when you are in court looking at a £5000 fine for a failed test purchase or you are handed your closure notice you may reflect that licensing compliance is something worth taking seriously.
Q2 Do I need a fire risk assessment?
Almost certainly yes. Do you run a pub, a hotel, a cafe? Then yes, you must have a fire risk asessment.
The relevant legislation can be found Here and what it boils down to from our perspective is that any place of business must carry out a fire risk asessment. Of course, once you have identified the risks, you must act upon the findings.
The responsibility for fire risk is not always as cut and dried as you would think. Consider this extract:
The person who has control of the premises ( as occupier or otherwise ) in connection with the carrying on by him of a trade, buisiness or other undertaking ( for profit or not )…..
Clearly, this pulls managers into the frame as well. If you are running a business on behalf of someone else then the burden of ‘responsible person’ may well fall onto you.
The fire regulations are there to keep people safe. Complying to them is not optional and should not be viewed as optional. If you are responsible for business premises then you should carry out a fire risk assessment and act on the findings. Help is available and there is not always a cost involved, it is a responsibility though and you should take it seriously.
Q3 Do I need a health and safety risk asessment?
If you employ five or more people yes. You must carry out a risk asessment and record the findings.
If you employ fewer than five people a risk asessment still makes sense. Risk asessment is not that dificcult or expensive, and if the worst happens and you find yourself in court then a risk asessment can be the cornerstone of a ‘due dilligence’ defence.
Conclusion
Licensing compliance, health and safety compliance and fire safety are too often left to somebody else. Every now and again though, they are brought into sharp focus by an incident that leaves us all thinking ‘glad that wasn’t me’
When I am training in compliance I meet a surprising amount of resistance to the whole concept. People need to realise that if they are the responsible person and they find themselves stood in a charred building discussing events with a fire officer they will be asked for their risk asessment. If they can’t produce one they are in big trouble, and if it happens that there are body bags being hauled out of the building then the trouble will be bigger than any of us want to see.
There are plenty of resources and help available. We are big fans of the HSE website for health and safety advice and we have found that local EHO officers actually do want to help, as do the police and the fire service. If they see you trying they will help.