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Legislation

The Pink Book Online

The Pink Book Online is the key guide to legislation relevant to accommodation providers in England. You can view it online here or buy a printed copy.

Information is included on latest legislative updates on topics such as fire risk assessment, staffing, food and drink, legal right and obligations, health and safety and licences

It is important for accommodation businesses, to keep up-to-date with these rules and regulations to stay on the right side of the law and to ensure the business is run efficiently.

Food Premises Registration

The main legislation to be complied with is the Food Safety (England) Regulations. All Bed and Breakfast establishments must register with the relevant Environmental Health Unit. Food premises registration is free of charge and must be renewed on change of ownership.

Allerdale
Tel 01900 702590
Email: [email protected]

You can also download a copy of the application form to register your business and find out more on the Allerdale website.

Eden
Tel 01768 212491
Email: [email protected]

Create an Accessibility Guide

An Accessibility Guide can help you to communicate your facilities and services to disabled people and other customers who want specific accessibility information, such as older travellers and families with young children.

Detailing the accessibility of your venue in an Accessibility Guide will enable these people, their family and friends to make informed decisions as to where to stay and visit in view of their individual requirements.

Providing an Accessibility Guide (formerly known as an Access Statement) is a minimum requirement for all participants in VisitEngland's Quality Assessment Schemes.
   

Find out more information here and view example Accessibility Guides.

Disability Discrimination Act

From October 2004 the DDA placed a legal duty on service providers to make reasonable adjustments to those physical features of their properties which make it difficult for a disabled person to use their services and facilities. Disabled people are increasingly using the DDA when they believe their rights have been contravened.

As the DDA works on the basis of ‘reasonable adjustments’, there is no absolute level of compliance that can be achieved. Deciding what is reasonable takes into account the financial, human and physical resources of the business concerned, though this does not mean that small businesses can ignore the requirements of the legislation. You may need to provide alternative means of delivering a service rather than totally reconfiguring your premises or show why your changes are not possible rather than just ruling them out as being too costly.

It is important to recognise that the vast majority of disabled people are not wheelchair users. For example changes for visually impaired people could include increasing the font size of publicity leaflets, menus and website, examining the way colour is used throughout your premises and maximizing lighting. Installing a ramp to a building with no access beyond reception may be an expensive waste of resources. If your property will never be fully wheel chair accessible you could decide to focus your action plan on being accessible to sensory impaired people.

As the DDA is largely based on 'reasonableness' nothing can guarantee absolute compliance with the law, the test of which will only be established through case history. Taking no action therefore leaves you exposed to legal action against you. Click on the word document for more information on what you can do.

Fire Regulations

Fire Regulations are governed by Regulatory Reform (Fire Safety) Order 2005. It affects all forms of sleeping accommodation and is mandatory for those operating virtually all non-domestic premises in England and Wales. This legislation put the responsibility back into the hands of business owners and replaced Fire Certificates and 78 other pieces of legislation.

The new regulations state that operators, irrespective of the number of people for whom they are providing accommodation, must take responsibility for fire safety themselves and must carry out a fire risk assessment of their property to determine the adequacy of their fire precautions in order to safeguard their guests in the event of a fire. The risk assessment should be carried out by a suitably qualified person to highlight hazards and to determine what is needed in terms of extinguishers, alarms etc.

Fire authorities no longer issue fire certificates and those previously in force will have no legal status. However, any fire certificates you have may be useful as a good starting point. One significant change from fire certificates is that the risk assessment should also incorporate domestic areas of the property well as public areas.

The regulations state that if you employ five or more people or your premises are licensed the risk assessment should be recorded on paper. However, the Cumbria Fire Service has recommended that even where this is not the case it is preferable to have something on paper. Insurance companies may put up premiums where there is no written fire risk assessment.

Cumbria Fire Service has the power to inspect your premises to ensure you are complying with the order. They will give 5 weeks notice if they intend to carry out an audit of your property. They will look for evidence that you have carried out a suitable risk assessment and acted upon the findings of that assessment. They may also look at test records and training of any staff with regard to fire safety.

Download a copy of Do you have Paying Guests - Information on complying with fire safety law for people who provide sleeping accommodation

For further information visit Cumbria Fire and Rescue Service

Booking Terms and Conditions

All accommodation providers are strongly recommended to have a cancellation procedure, in order to avoid any problems with cancellation, curtailment and no-shows.

If a guest cancels a booking or checks out early, they are in breach of the booking contract they have with you.

If you cancel a booking that you have already accepted, you are in breach of the booking contract.

The Pink Book Online is an excellent resource for guidance and legislation relating to bookings, cancellations and no-shows.

Is Your Business PCI Compliant?

If you use Innstyle to take bookings through KTA you can use Stripe to take payments. Stripe has been audited by a PCI-certified auditor, and is certified to PCI Service Provider Level 1. This is the most stringent level of certification available.

If you use an alternative card merchant service then you may need to undergo a regular PCI compliance audit.

For more information on PC compliance visit www.pcisecuritystandards.org/merchants/

The Music Licence (formerly PRS and PPL)

Key facts

  • If you play recordings of any copyrighted music on your premises (this includes playing background music or made available on devices such as TVs and radios on which music can be broadcast) or if the music is performed live, you may need The Music Licence from PPL PRS Ltd.
  • If you play a TV in public areas with the sound on, you will need TheMusicLicence from PPL PRS Ltd.
  • If you offer short-stay accommodation (of any kind) to overnight visitors and have installed television sets in the accommodation, you need a ‘Hotel and Mobile Units Television Licence’ (hotel licence).
  • If you offer a DVD film library, you need a DVD Concierge licence.
  • If you operate an in-room entertainment system you will need a Hotel Vision licence.
  • If you show films or TV programmes, including channels such as ITV or BBC1, you need an MPLC licence.
  • If you use images in your marketing, you must have permission to use them from the copyright owner.

More information can be found here. 

GDPR

Click here to link through to the Information Commissioners Office (ICO) registration self-assessment page. One of our B&B members has already completed this and wasn't required to register but we would still suggest completing the self-assessment.

Suggested GDPR Checklist

1. Do an audit and document all the ways you collect, store and use customer data

2. Identify any actions you need to take to make data more secure, such as keeping paperwork locked away securely and password protecting spreadsheets and computers

3. Identify all the 3rd party systems ( e.g. booking system, mailchimp ) you use in your business and check that they are GDPR compliant

4. Review your email distribution lists. If you don’t already used software like mailchimp then sign up for them ( this really is the best way of keeping track of how and when people sign up ). Ask your newsletter subscribers to re subscribe if necessary.

5. Write a Privacy Notice and add it to the terms and conditions on your website

6. Check your terms and conditions and remove any wording that doesn’t comply with the GDPR ( e.g. by accepting these terms and conditions you are agreeing to receive regular newsletters from us )

7. Update your website so if you’re already asking people to sign up for your newsletter, ensure that the wording is clear.

Click here to link to further GDPR information in the Pink Booklet.