Do I Need A Risk Asessment?

March 31st, 2010

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.

The Washington, Topping Street Blackpool

March 7th, 2010

Another failed test purchase.

People need to be aware that there is a very active and aggressive test purchasing regime in Blackpool.

That said, when 14 year old girls can get a drink in your pub then something has gone very wrong. Blackpool Borough Council are ten times more likely to prosecute than any other council in the land, but that doesn’t make them wrong.

I don’t agree with the way they go about their test purchasing, but until everyone running licensed premises in the town complies with the licensing laws, and stops serving kids, they are going to carry on doing it.

http://www.blackpoolgazette.co.uk/blackpoolnews/Blackpool-pub-stripped-of-licence.4722112.jp

More licensing prosecutions are posted here:

http://www.s-p-f.net/phpbb/viewforum.php?f=10

Licensing Compliance

February 19th, 2010

We are working more and more in the compliance field over here. I don’t know if it’s the way things are going or just that we are noticing it more because of the sort of work we are getting involved in.

Either way, compliance issues are real and it’s incumbent on those of us involved in the licensed trade to understand what is involved.

We are educating ourselves in the fields of licensing compliance, risk assessment, health and safety and fire risk assessment. It’s not rocket science, but it does need doing and we will very soon have a pack available to help licensees with all their compliance issues.

Compliance is a minefield for sure, but it’s all doable and if you need any help navigating through it maybe we can help.

Some questions may be answered here:

http://www.s-p-f.net/phpbb/viewforum.php?f=7&sid=708b49f755417901752ad0295595b00d

If you need some help with licensing compliance, an e-mail in the first instance to steve@s-p-f.net is the quickest way of getting an answer.

Stock Auditor Released

November 21st, 2009

After several months of testing ( or prevarication/laziness/fannying around if you prefer :) ) our Stock Auditor software is ready for release.

We will start to ship on January 1st to coincide with the return of the VAT rate to 17.5%. Initially, Stock Auditor will only be available in single site version, the multi-site version for stocktakers will be available mid 2010.

We will deliver on disc or via e-mail, there is no difference in cost whichever delivery method is chosen. A single site bar stock only version will ship at £99 + VAT, adding a food stocktaking element will cost £25.

There will be a support forum on the website to answer any technical questions and to assist in the early days of using the software.

Regent Inns

November 12th, 2009

Walkabout and Jongleurs oprator Regent Inns seem to be back in the game. There seems to have been a pre-pack deal that has enabled them to carry on trading, although without the right to operate the comedy club brand Jongleurs.

I wish them well, I still have some friends at Regent and some great memories of the Walkabout explosion.

There is something distasteful in the whole pre-pack business to my mind. Who would want to be a supplier with credit extended to a company that ceases and re-starts trading, with a clean sheet, in the same day?

CAMRA: Welcome Intervention?

August 17th, 2009

The campaign for real ale seems to have shrugged off its original, narrowly defined, brief and gone all political on us.

From championing a ‘people’s pint’ of 2.8% abv that could be sold at a lower price to registering a ’super complaint’ demanding a review of the beer tie, CAMRA has found a voice; and an audience.

I’m not sure that CAMRA is the right voice, but they seem to be taking themselves very seriously and time will tell whether they will make a difference. Personally, I’m a guy that remembers the beer orders and have seen the consequences that the last piece of government intervention brought to our industry.

All those wishing for the government to step in and start making decisions should realise that Punch and Enterprise were the ultimate result of the beer orders. History has shown us that we ought to fear the unintended consequences of clueless politicians poking around in our business.

Big Bucks For Blackpool

August 5th, 2008

Travelodge has gotten excited this week at the government’s announcement that it is to spend £10 million of our money to re-generate three venerable old seaside towns; Blacpool, Dover and Torbay.

They don’t make it clear how this money will be split up, or even if it’s a typo because £3.3m won’t go very far in Blackpool or anywhere else, but I do think throwing £10m at three dilapidated old resorts is pretty much feeding strawberries to donkeys.

I live on the coast near Blackpool, and have seen first hand the decline in the town over the last couple of decades or so. To be fair, Blackpool is very good at what it does. What it does is play to a fairly straightforward audience of weekend pissheads and the ‘grey’ pound, markets that are wearisome and, erm, naturally declining respectively.

I do see some parrallels between tired English resorts and the licensed trade in that they both have an element of managed decline. I’m not a fan of local politicians, who is?, but the decision makers in Blackpool have been pretty creative over the years. It’s gone from being a solid, classic, family resort to the squalid shit-tip that we see buried in under a blizzard of blood and vomit every weekend these days without succumbing to the near total social and economic collapse that has hamstrung places like Morecambe.

Similarly, once thriving pubs seem to get passed through several smaller companies who manage them to a smaller and smaller profit but it keeps them alive for a while until they get boarded up and then pulled down or converted into carpet shops. There are some mercurial talents operating in this sector and I admire them.

We are good at managing decline in this country, from Empires to Pubs, and I do believe that it will be a feature of our lives for the foreseeable future.

Brian Kerr Goes Bang

July 30th, 2008

The man who captained Sunderland to one of the biggest upsets in FA Cup history has become yet another victim of our trade, it was announced this month that he has gone bankrupt after ten years running a pub in the city.

Brian Kerr captained Sunderland to their famous 1-0 victory over leeds in 1973. It was pretty much traditional for footballers of that era to retire into pubs and it’s always sad to see them come unstuck.

It must be galling for guys like him to see the amount of money that arrogant, semi- talented oiks earn in the game these days. Even habitually violent ex-cons can command £1.5 million a year and will never do a days work in their pampered lives.

If there is a Brian Kerr hat being passed around I will throw a few quid in, and maybe they could send it to me via St. James’ Park and see if anyone over there has enough of a conscience to help out?

Vive Le Difference

July 29th, 2008

Marstons and Punch have both made statements this week.

Marston’s have announced that helping tennants through hard times in this financial year will cost them £2m. Punch haven’t told us how much their lessees have had returned to them in assistance, but they have said that their shares are up some 14% as a US hedge fund has taken a 10% stake in their company.

I suspect that Punch are quite good at what they do, make money out of a pub estate, but the contrast with Marston’s could not be more stark. Punch have acquired a reputation as one of the more ruthless pub operators out there, which presumably means their numbers stack up.

Marston’s, on the other hand, have proven to be one of the more enlightened operators who will do everything they can to help their tennants survive tough times, although this business philosophy would appear to have cost them a considerable sum of money.

It may change at some stage, with somebody somewhere deciding that Marston’s need to be more ruthless and less benign as a landlord, but it’s possible that their saving grace is the fact that they are still a brewer as well as a pub owner and it’s in their interests to maintain standards and continuity to ensure throughflow of product.

Punch may be a successful pub estate operator, but Marston’s still manage to run good pubs and that is to be applauded in these testing times.

Smokers’ Last Stand?

July 14th, 2008

There are reports in the papers this week about a couple in Norfolk who have been fined a total of £8000 for defying the smoking ban, and the story of the guy in Blackpool doing the same thing is well documented.

I kind of admire this. I’m not a smoker and am personally glad to have the pubs smoke free, but there is something noble about such stoicly futile resistance to change.

We’ve seen it before, think about old ladies being unable or unwilling to pay their council tax, and it only ends in a couple of ways; both of which are not great results for the person fighting what they see as the good fight.

For both these sets of people, the ultimate answer will be prison or bankruptcy; possibly both. That’s a hell of a price to pay for having people light up in your pub rather than just outside.