54 summer hospitality Is it safe to party?


Whether you are a business simply planning to entertain clients and contacts or, for example, an organisation planning a festival or major event for the public the principle is the same – don’t forget to assess your risks and take legal advice where necessary, writes Alan Davies, partner, Pitmans LLP


The laws that impose duties upon organisers of events, especially from a liability perspective, are surprisingly wide. However, fortunately there is a wide range of insurance cover available and there needs to be as the implications if things go wrong can have a devastating effect upon businesses and those who run them. The critical consideration is to ensure that all potential risks are covered as far as possible.


By way of illustration, if a member of the public attending your event were to suffer serious injury or die in an accident caused by a failure of your employees or agents to safely erect temporary steps, then the consequences could be far reaching. The same would apply if one of your employees suffered serious injury or died due to inadequate supervision or safety precautions taken during their work.


Following a serious accident, the law enforcement agencies, which includes not only the police but the Health and Safety Executive and the environmental health officers of the local authorities, would immediately commence investigations and could issue a prohibition notice closing the event if they suspected there was a likelihood of reoccurrence.


Further, if they suspected that there were breaches of health and safety law then criminal prosecutions could follow against the organisers of the event and/or against the directors or senior officers if their gross negligence caused the incident.


Successful prosecutions could lead to unlimited fines for the business and imprisonment for the individuals concerned together with very bad publicity which could have a devastating effect on the business. In the event of a death then there would also have to be an Inquest at which the business may be called to give evidence to the coroner. In either event there would no doubt be a civil claim for damages either by the injured individual or, following a fatality, by the estate on behalf of any dependents.


In addition to needing insurance cover for liability risks there are a multitude of other prospective risks and related insurance coverage that should be considered by


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organisers of an event to which members of the public are invited including but not limited to:


Property


Cover for premises against damage, office contents, musical instruments, hired-in equipment, marquees, audio and visual equipment and plant, merchandise stock, CDs, and promotional materials.


Business interruption


Should there be fire, flood, power or a telecommunications failure, then BI insurance offers protection from income streams during physical and technological disruptions.


Employers’, public and product liabilities


Employers liability insurance is of course compulsory and it should cover not only your own full-time employees but part-time contractors, volunteers and freelancers. Audiences will be covered by public liability insurance and food/drink and merchandise by product liability cover.


Financial


Misappropriation, loss of cash, box office receipts, fees, subsistence expenses and merchandise.


Legal expenses


Provides cover for legal advice and representations of your company in health & safety issues, employment disputes, contract .


Professional indemnity


Provides cover against claims of negligence, breach of duty or mismanagement.


Cancellation insurance


Cancellation cover replaces lost revenue and reimburses expenditure incurred from an event which is necessarily and unavoidably postponed, abandoned, cancelled, curtailed or relocated in circumstances beyond your control..


Cyber liability insurance


Your current insurance coverage may not protect against the special risks that accompany your activities into the online space.


THE BUSINESS MAGAZINE – THAMES VALLEY – MAY 2013


Directors liability


Increasing regulation is placing greater pressure on company directors and officers to perform meticulously.


Also don’t forget:


• Risk assessments for members of the public attending the event and employees working on it should always be carried out by a person deemed ‘competent’ under the requisite regulations.


• The importance of being able to produce a risk management plan in the event of an unexpected incident. The plan may be a simple document incorporating a communication plan should an incident occur.


• That your risk exposure starts as soon as you sign a contract with the venue to host the event so consider all of your risks when in the planning stage and the contractual liabilities that you will be liable for if things don’t go according to plan.


Details: Alan Davies 0118-9570300 07881-825803 www.pitmans.com/defendant-insurance


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