Playing it safe

The issue of a new premises licence could lull a publican into a false sense of security, particularly if it comes with no or few conditions.

But the licence does not take the place of health and safety requirements. Full systems must still be in place - and they need to be adapted to cope with your new trading conditions.

Procedures for dealing with drunk and anti-social customers will be even more important to avoid employer's liability claims and prosecutions for failing to protect the health, safety and welfare of employees - both barstaff and doorstaff.

Yet despite the legal obligation to assess the risk to health of employees under the Management of Health & Safety at Work Regulations, recent research shows that only one in seven employers carry out such an assessment, leaving the licensee and his or her designated premises supervisor vulnerable.

For many premises, extended opening hours will also mean music, whether live or recorded, playing for longer, which brings its own risks, especially when the Control of Noise at Work Regulations come into force on February 15, 2006. While the leisure industry has until 2008 to comply, it is clear this is an area where bars, pubs and clubs will be particularly vulnerable.

Where noise levels reach 85 decibels or more (assessed over an eight-hour period) legislation already establishes a need to make hearing protection available to staff and to provide them with information, training and warnings about the dangers of noise exposure. Where noise levels exceed 90 decibels, ear protection and other obligations are imposed.

But there is powerful evidence that even this is not being adhered to. A recent report by the Royal National Institute for the Deaf (RNID) and the Trades Union Congress (TUC), titled Noise Overload, found that many of the 568,000 people working in Britain's pubs, bars and clubs are being exposed to dangerously loud music, in some cases up to a level of 110 decibels, the equivalent of standing next to an aircraft taking off.

The situation can only be made worse by longer opening hours. Unless action is taken, more employees from DJs to barstaff and glass collectors will be exposed to actionable levels of noise and their employer will be exposed to litigation. There are, however, some simple practical steps you can take to reduce such claims.

• Rotate staff to avoid constant noise exposure
• Provide and enforce hearing protection
• Offer free regular hearing tests for staff to give an early warning of any difficulties
• Display noise level readings and advice on hearing protection
• Make hearing protection available for customers to buy
• Provide chill-out areas
• Carry out a sound absorption refurbishment.
  It is not clear to what extent licensing authorities will seek to incorporate noise level restrictions in new licences but, with the TUC and RNID pressing for the Health & Safety Executive and local authorities to exercise greater control, licensees should be encouraged to implement these measures as a pre-emptive strike.

Longer trading hours will also require reconsideration of other issues, including staffing, systems of premises maintenance and inspection and re-stocking. If closing hours no longer give you enough time to replenish stock and clean the pub it will have to be done while customers are there, which increases the potential for accidents to both staff or customers.

The problems are not insurmountable - supermarkets already cope with 24-hour opening. But you will need to do the following:

Ensure you have enough staff to serve, maintain the premises and re-stock, including sufficient breaks to avoid lapses of concentrationCordon off areas where cleaning or re-stocking is taking placeDocument regular inspections to clean up broken glass and check safety of premises and equipmentUse only licensed doorstaff, appropriately trained and aware of the limits of their lawful authorityHave adequate lighting and signageConsider limits on capacity, smoking and where glasses can be takenDisplay customer information in relation to accident reporting and safety on the premisesProvide manual handling training for staff, stressing the need to comply at all times, even when the pub is busy or when carried out late at night.
Licensees with adequate health and safety systems already in place are likely to remain resilient to litigation post November 24. But those who do not revisit their policies to consider longer trading hours or other changes to their licences are likely to become more vulnerable to claims under the new regime.Due diligence and how it can protect you from litigation - see page 22.

Keep your house in order​

Bill Fox (right), managing director of conflict management training specialist Maybo, will explain how to ensure the safety of your staff at next month's Publican HR & Training Conference - see Conference preview pages 12 & 13.