Prepare_a_Report_Outlining_in_Detail_the_Key_Legal_Regulatory_Issues_Which_Affect_the_Hotel_and_Catering_Industry.

Prepare a report outlining in detail the key legal regulatory issues which affect the Hotel and Catering Industry. Introduction There are many Laws which affect the hotel and catering industry. These can be divided into five main sections: ❖ Laws that show the rights and obligations of the owner or proprietor ❖ Laws that show the rights and obligations of employees ❖ Laws that show the rights and obligations of guests and visitors of the hotel ❖ Laws that outline health and safety issues within the establishment ❖ Laws that concern alcohol and the sale of alcohol The laws that are in place within the hotel and catering industry are there to protect not owner the owner and employees of the establishment but also any guests or visitors and therefore must be adhered to by all. Laws have been put in place for a reason and therefore by not committing to them an establishment may put someone in danger; therefore most of the laws that affect this sector are strict and strictly monitored to ensure that everyone is complying with them. If an establishment is found to be not following the laws that it should be then it will be punished. The severity of the punishment received and the person that will receive the punishment depends on which law has been broken. The punishment can range from a monetary fine to a prison sentence to the establishment being closed down and in some cases it can be any two of these three things. Depending upon the law that has been broken, depicts if it is the employee, the owner of the hotel or both that is to receive the punishment. This report will outline five laws that affect the hotel and catering industry, it will look at who is responsible for upholding them and also the punishments received if they are not adhered to correctly. The Hotel Proprietors Act This is an act that covers the obligations and rights of the proprietor of the hotel. This law came into force on the first of May in 1963. It covers all hotels that are registered with Bord Failte or any recognised governing body, it only covers hotels it does not extend to B&B’s or guest houses. In this act a hotel is defined as “An establishment which provides or holds itself out as providing sleeping accommodation, food and drink for reward of all comers with special contract and includes every establishment registered of hotels kept under Part 3 of the Tourist Traffic Act, 1939” This act states that the proprietor of a hotel must offer accommodation to anyone who wishes it, unless they have a good reason to refuse them. Reasons to refuse include the hotel being fully committed or the person who is seeking accommodation is intoxicated or unable to pay for the service. The proprietor is also responsible for the safety of the guests while they are on the premises; however the act states that the proprietor has a duty to take reasonable care not absolute care of the guest. This means that the establishment should be as safe as possible, for example loose paving should be fixed immediately to prevent a person from tripping on it. The act also states that the proprietor has the obligation to receive all belongs of the guest that are brought onto the property, this also includes the car in the car park and any of the property of the guest that may not be on the premise but is under the care of a hotel employee for example if a bag was mislaid at the airport and an employee is sent to collect it then it is the hotels responsibility once it is in the possession of the employee. This is only in the case of a guest that is spending the night. A £100 is issued in cases where this has been breached; in some cases the hotel proprietor may also be liable for an additional fine for any damage to the property. The hotel proprietor is not responsible for damage to items that have been damaged by an act of nature, an act of war or which were damaged by the guest themselves or an employee or visitor of the guest. The hotel proprietor may limit its liability by displaying notices in an easily seen location stating that the hotel accept limited or no responsibility for loss or damage to guests possessions, this can not be applied to cars. The hotel proprietors act states that the proprietor has the right to seize property belonging to the guest and has the right to sell that property. This is used if the guest has an outstanding bill due to the hotel. For example if money was owed by a guest the hotel has the right to seize possessions that have been left in the establishment this includes items left in the room and also the guests car. The proprietor has the right to hold these items until the person settles the outstanding bill. If the bill has not been settled within six weeks the proprietor has the right to sell the property of the guest at a public auction, if the sale of this property brings in more cash that the outstanding bill, the additional money must be returned to the guest. Organisation of Working Times Act 1997 This act covers the rights of the employees of an establishment in regards to hours worked, rest times between shifts and holiday entitlements. This act states that an employee must work no more that 48 hours in a one week period. This may however be averaged out over the year in the case of permanent employees or over the period of six months for seasonal workers. Therefore an employee may do more that 48 hours in a given week providing that it will average out at the end of the year. The act also states that an employee must have 11 hours rest within any 24 hour day and also a minimum of one full day off a week. This act also states that if an employee is working up to 4.5 hours they must receive a minimum of 15 minutes break and where an employee is working 8 hours they must have a minimum of 30 minutes break, which may include the first break. This act also regulates holidays received by employees. A full time employee must receive twenty days and nine public holidays off per year, In the case of part time employees they must receive holidays to the total of 8% of the hours they worked. Holiday pay must be paid in advance of the holiday and must be paid at the normal daily rate. Public holidays are to be given as a paid day off on that day or a paid day off within a month of that day, they can also be given as an additional days pay or an additional days annual leave, for part time staff who do not usually work on public holidays then 1/5 of a weeks wages is their entitlement. Employees must keep a record of all public holidays for three years. This information can be requested by the Labour Inspectors of the Department of Enterprise, Trade and Employment. This information can also be used as evidence before a Rights Commissioner or the Labour Court. If an employee wishes to complain to the Rights Commissioner regarding a complaint then they must provide written notice to the Rights Commissioner within 6 months of the alleged complaint. The RC will then contact the employer and hear any evidence necessary. The RC will deem if the employee’s complaint is valid and will issue any compensation they see fit. This can be appealed to the Labour Court who can agree with or overturn the RC’s decision. The Retail Price Display Order 1984 This act states that every premises servicing food must display a detailed price list on the premises. The prices shown should also note any additional charges such as tax and service charges. In establishments that solely serve food, for example restaurants, they must display a full menu outside the establishment in addition to one at each entrance. This act protects the visitors of that establishment from hidden charges and unknown prices. Any establishment found to be in breech of this can be fined up to £100. The Retail Price Display Order 1979 This act states that the tax inclusive price of all drinks, both alcoholic and non-alcoholic, must be displayed in an easily seen place. If prices differ in different areas of the hotel then there should be notices depicting the prices in each area. There are two types of notices described in this act. The first states that the drinks should be specified in the units or measures as sold. For example Wine should be priced per glass and Spirits should be priced per shot and the size of the measure should be stated. The second notice should show at least one type of beer sold and the cost per pint, at least one type of beer and the price per half pint, at least one type of beer and the price per bottle etc. The penalty for not displaying these notices in a clear place is £100. Health and Safety Act 2005 This act states the duty of care that an owner or proprietor must make to ensure that all employees are safe while on their premises. It includes the duties of the employer as well as information for the employees. The act states that the employer should provide a safe workplace for all employees, this should be that the workplace design and all equipment used are safe and that work activities are organised and managed in a way that will not cause harm to the employees. It also states that proper induction and training should be given to all staff alongside proper supervision. Staff should also be provided with the safe correct equipment and clothing needed to safely complete their work. If something that is potentially hazardous is brought to the attention of the employer then it is there obligation to remove this hazard. The employer is able to do an assessment on the area and if it is deemed that it is not cost effective to fix it then it may be left. For example if the cost of the hazard is substantially less that the cost of removing the hazard then the employer has the right to leave this, this would only be in extreme cases, for example if there was a crack in a tile that was very high up on a wall then it may be left as nobody would be able to reach it and therefore the chance of someone being injured by this is rare. The act also states that employers must have a written safety statement specifying how they are going to secure the health and welfare of employees at work. If an inspector visits the hotel and finds that the establishment is in breech of this act then there are a number of ways this is dealt with depending on the severity of the breech. The inspector may give directions as to how to fix the indiscretion, they may issue an improvement notice which lists the problems and gives a set time that they need to be fixed by, or in more serious cases they have the power to close the hotel on the spot and keep it closed until the problems are rectified and take the hotel to court for its breeches. If a hotel is taken to District Court then the maximum fine is €3000 per charge and/or up to 6 months imprisonment, if they are summoned to the Circuit Court then the maximum fine is €3000000 and/or up to 2 years imprisonment. The Health and Safety Authority have the right to publish the names of persons and establishments that have been in breech of this act alongside the breech and the penalty issued. This act also allows on the spot fines to be issued by an inspector if they have evidence that a person/establishment is committing an offence under this act. The fine can be up to €1000 per offence. This fine can be issued to an employer or an employee or any person that is deemed to have committed the offence, for example importer or supplier. Conclusion There are many laws that affect the Irish hotel and Catering industry. They range from laws which depict the rights and obligations of the employees and the employers, as well as the guests and visitors. There are also laws which look at the health and safety issues and laws that look at food and beverages within a hotel. It is essential that all employees and employers are aware of the laws involved in their industry and do there best to uphold these laws. The penalties for breaking these laws are often costly and can be issues to individuals as well as the establishment. An issue that is currently under review that may come into force as either an addition to an existing act or as a new act is that food should be fully sourced on menus, this means that establishments must state the exact origin of all its food sources, under current legislation if a chicken is imported from Spain and then made into a Chicken Curry in Cork the supplier has the right to say that the Chicken Curry is made in Ireland, under the proposed legislation it must be stated the original origin of the chicken and any changes made to it along the way so in this example it will have to be advised to consumers that although the Chicken Curry was made in Ireland the Chicken was imported from Spain. This will affect the hotel industry greatly as many will have to find different suppliers in order to receive better quality foodstuff. This will however benefit consumers as they will know exactly what they are eating and exactly where it has come from.