It's not just hot air

Bouncy castles are seen as harmless fun for children and are so popular that an increasing number of pubs are introducing them to entice family trade during the summer months. However, such inflatable devices require careful consideration on your part to avoid potential accidents.

The Independent newspaper recently reported that claims involving bouncy castles have risen over the past few years, both from those who play on them and those who work with them.

Newcastle County Court recently awarded a council worker approximately £34,000 for a back injury sustained while moving a bouncy castle.

If pubs are to avoid such liabilities, procedures must be put in place to protect visitors and staff, and earlier this summer the Health & Safety Executive (HSE) issued guidance on the inspection procedures for bouncy castles - advice no pub owner can afford to ignore.

Hiring inflatables

For all inflatable devices, pubs are encouraged to engage an approved hirer - such as a member of the British Inflatable Hirers Association (BIHA) - both to install and to operate it on site. You are likely to meet your duty of care to visitors by satisfying yourself of the contractor's competency and your checks should include the following:

• is the hirer a member of a recognised association?
• does the hirer possess public liability insurance?
• can the hirer produce an PIPA (the inflatable play equipment inspectorate) inspection certification, an operator's manual, a risk assessment and method statement for operation of the inflatable?
• will it be supervised by the hirer at all times?

Operating inflatables

If the pub owns and operates the inflatable device itself, it places greater demands on the licensee to ensure visitor safety. Again, when either purchasing or hiring, the above checks should be carried out and licensees should never jeopardise safety in favour of cost.

Inflatables can lead to accidents in various ways and the key to preventing both accidents and the claims that result is a comprehensive risk assessment that identifies the likely risks to health and puts the correct control measures in place. For this it is always a good idea to seek professional assistance and advice.

The numerous risks include:

• Incorrect inflation pressure. Regular monitoring is required to keep the pressure within guidelines
• Loose anchoring. Periodic checking is required
• Trip hazards on ropes and anchor points. Protruding obstacles should be avoided or highlighted and the blower should be fenced off
• Over-enthusiastic participants. Inflatables should always be supervised by a qualified member of staff to prevent climbing and dangerous behaviour
• Falls. Crash mats should extend for 1.2m from the entrance and be kept free from obstacles
• Collision of users. Again, supervision is key to control the number of users and request removal of footwear and sharp objects
• Unsuitable users. Consider restrictions on use, for instance minimum and maximum ages to avoid teenagers and young children participating at the same time. As a general rule, the height of users should not exceed the height of the outside walls of the castle
• Deflation. Ensure periodic checking of seams and deflate after use to avoid unsupervised usage. A groundsheet may help prevent wear and tear
• Risk of fire. Fire extinguishers must be available and smoking prevented nearby
• Slips. Inflatables should not be used when wet and should be kept clean at all times. Food and drink should be prohibited
• Inclement weather. Inflatables should not be used when it's windy.

In addition, pub operators should ensure that the inflatable is inspected annually, including checks on the blower unit, fan, wiring, anchorage system, fabric, rigidity and location.

Inspecting inflatables

In May the HSE confirmed that, where inflatables are examined by an inspector registered with PIPA or the HSE's amusement device inspection procedures scheme, the operator will normally have done enough to satisfy their duties under the Health & Safety at Work Act 1974.

Operators should also carry out a daily check of the equipment prior to use to ensure:

• the site remains suitable
• anchorages are intact
• the inflatable is secured
• there are no holes in the fabric or seams
• the correct blower is in use and the air pressure is sufficient
• electrical contacts and wires are not exposed
• the blower is positioned correctly, adequately guarded, in good condition and not causing a trip hazard.

Protecting staff

Staff working with an inflatable may also be exposed to risk of injury and that, too, requires preventive action by their employer. The risk assessment should consider the following:

• Are staff adequately trained to carry out inspection and supervision?
• Are staff expected to deflate and pack away the inflatable? If so, they must be adequately trained on manual handling
• Are staff expected to use chemicals to clean the inflatable device? If so, personal protective equipment, training and dissemination of information are required.

Insurance

Finally, I would urge pub operators to check their existing insurance policies to make sure the use of inflatables is covered. Some policies specifically exclude liability for bouncy castles, leaving the pub vulnerable in the event of a claim. Membership of professional bodies such as the BIHA can help you to obtain discounts on premiums.

I don't want to deter pub operators from introducing bouncy castles and similar inflatables - correctly supervised they are a welcome feature at pubs. But you should give the safety aspects careful consideration.

Dealing only with hirers linked to professional bodies, inviting PIPA inspection and completing an initial detailed risk assessment are quick and inexpensive ways to ensure the safety of your visitors and keep their custom through the summer and beyond.

Peter Forshaw is partner and head of the leisure unit at law firm Weightmans​

Ready for the holidays?

As competition for family trade intensifies, more pubs are turning to events and attractions specifically aimed at children this summer - including a bouncy castle.

Inflatables suppliers have reported they are increasingly busy. Pathfinder Pubs, Wolverhampton & Dudley Breweries' managed arm, has alone ordered 30 bouncy castles from Jumbo Inflatables in time for the holidays.

"A large number of our pubs cater for families," commented Colin Sadler, commercial & communications director for Pathfinder Pubs.

"We use bouncy castles in a number of our pubs to introduce some added excitement to family events and fun days. We know from experience that properly supervised, bouncy castles can be a valuable addition to our offer."

But although bouncy castles seem, almost by definition, to be a safe option, there are still serious safety issues a publican needs to take into account.

Contacts

• For a list of inflatables suppliers go to www.biha.org.uk
• For more advice on safety go to www.inflatable-safety.co.uk