Hoteliers’ responsibility for guests –

By Lee Hills, Partner, Mayo Wynne Baxter LLP

HOTELIERS’ RESPONSIBILITY FOR GUESTS A Post Lockdown Reminder

The hospitality sector has been badly hit during the pandemic with many businesses, if not all, unable to open for extended periods of time and forced to mothball entire operations.

As society reopens and hotels begin to welcome the return of guests, it is important to ensure that during these extended periods of closure, the fabric and infrastructure of premises has not deteriorated and robust systems for inspecting health and safety have been maintained.

A reminder of this comes in the form of a decision by the Court of Appeal in January 2021 and the case of White Lion Hotel v James.

This involved a claim brought by the widow of Mr James who suffered fatal injuries falling from a window at the White Lion Hotel, Upton upon Severn, Worcestershire.

The hotel in question originated from the 16th Century, was Grade 2 listed, and as a result, the window in question which was sash in design (although defective) and of a lower height from the fl oor of most modern buildings, could not be altered.

Whilst sitting on the sill and holding the window open to smoke Mr James fell two fl oors suffering fatal injuries.

Although the hotel and its insurers asserted what they believed to be the legal principle, that an individual who chooses to take an obvious risk cannot then claim that another had permitted them to run that risk or failed to prevent them from doing so, this defence failed, both in the fi rst instance and in the Court of Appeal.

Of importance was the fact that Mr James was a guest at the hotel rather than a visitor to, for example, open-air premises, and as such, a hotelier should assume greater responsibility for his safety than other types of occupier.

❛❛ Whilst sitting on the sill and holding the window open to smoke Mr James fell two floors suffering fatal injuries ❜❜

The Court decided it was foreseeable that hotel guests may drink a little too much, be tired, relaxed and off guard. And even be tempted to smoke from windows despite warnings to the contrary.

In their assessment of the safety of premises, hoteliers should take this into account particularly when, in this instance, the sash of the window was faulty, there was no opening restrictor in place (costing £7.00 per window). And no risk assessment of the structure of the building which might have highlighted the risk of someone falling.

The assumption of risk by Mr James did not negate the duty of the hotel to guard him against that risk but was one of a number of factors which may or may not outweigh others, including the state of the premises concerned.

Of relevance to hotels, guesthouses and alike which are reopening after lockdown, this recent case highlights the greater duty of care owed to guests where responsibility for them has been assumed and that might otherwise be owed to visitors of other types of premises.

Despite having suffered financial hardship and operating with limited resource, this is a reminder of the need to ensure that robust health and safety systems continue to be maintained, risk assessments completed afresh and acted upon as guests return and society reopens.

Lee Hills Partner, Mayo Wynne Baxter LLP T: 01273 223232 E: lhills@mayowynnebaxter.co.uk

Staycation

ESSENTIALS

River Island has perfected the office to beach vibe perfectly with tailored shorts and smart blazers. Just add sunshine. From a selection at River Island

SUMMER BREEZE BREEZE

With hugging back on the cards, a summer scent is a must! Vegan, cruelty-free, and with responsible formulas and packaging, IKON smells pretty good too.

IKON The Fragrance Shop, £60

Make sure you have a bag that will take you from beach to bar, features this season’s natural fabrics and is big enough to carry your suncream.

Straw bag, New Look, £19.99

With many of us taking a staycation rather than a vacation this summer, Churchill Square’s stores have everything you need to make sure your summer runs smoothly. From a UK break to relaxing in your garden or making the most of what Brighton has to offer. Here are our favourite picks;

COOL CLASSIC

Remember you’re in the UK and be prepared for the weather to change. This men’s denim shirt has the right balance of cool and practicality

SUMMER BREEZE BREEZE

With hugging back on the cards, a summer scent is a must! Vegan, cruelty-free, and with responsible formulas and packaging, IKON smells pretty good too. Long summer evenings in the garden calls for special wine glasses to make you feel a bit boujee.

Make sure you have a bag that will take you from beach to bar, features this season’s natural fabrics and is big enough to carry your suncream.

COOL CLASSIC

Remember you’re in the UK and be prepared for the weather to change. This men’s denim shirt has the right balance of cool and practicality

SURFS UP

H&M has launched a surf inspired kids range in sustainable fabrics like recycled and organic cotton and recycled polyester. The BLOOM™ material used in the soles of the sandals utilises algae biomass that helps clean our air and waterways of harmful pollution. Clever huh?

From a selection at H&M Kids

CHIN CHIN CHIN

Wine Glasses, Next, £28

SUN SAFE

Get yourself a hard-working moisturiser with spf like Kiko’s Bright Day Lift. It’s a brightening and lifting day cream with marine collagen which tones, reduces fine lines and wrinkles as well as protecting your skin from the sun.

Bright Lift Day, Kiko, £16.09 The best adventures on Brighton Beach are possible in these Under the Sea shoes from Clarks. The collection draws on the fins and fishtails of sharks and mermaids whilst pearls and shells make an appearance too.

From a selection at Clarks

COOL &COMFY

If lockdown life has got you used to living life in the comfy-lane, then these soft shorts are summer loungewear at their finest. From a selection at Victoria’s Secret. If you opted for a garden make-over recently, then the kids are going to need some nifty outdoor games to keep them entertained over the school break. You can’t beat a water fight, especially when armed with a Bunch O Balloons Stealth Soaker.

Celebrating our clients for 200 years

Caxtons is the largest independent firm of chartered surveyors in the South East of England. The firm’s 100-strong team operates from offices in Gravesend, Gillingham, Maidstone and Canterbury and manages over 10,000 properties for a wide range of clients.

The firm, like Kreston Reeves, can trace its roots back 200 years with the businesses in its current form established in June 1990. The business was born out of a recession, grew through the 2008 financial crash, and will emerge stronger from the COVID pandemic, says Caxtons’ Financial Director Graham Mitchell. Property management sits at the heart of Caxtons. Its respected property management team focuses on three large parts of the property market in the South East – commercial real estate, residential and student accommodation, and apartment blocks and housing estates. “We are recognised in the market for our specialist commercial team that manages large business parks and industrial units, shops, offices, and restaurants, clubs and bars,” explains Graham. “Our dedicated block management team looks after the common areas of apartment buildings and amenity space for property owners and housing associations, whilst our residential team in Gillingham and Canterbury focuses on residential and student lettings. This is at the core of what we do and do so well.” But there is more to the firm than property management. Caxtons has a dedicated team providing professional services including valuations and rent reviews, a commercial agency practice selling and letting office space across the South East, an industrial and residential development team, all working alongside an insurance department providing the insurance products property owners need. “Caxtons does almost everything apart from sell houses,” says Graham. Caxtons enjoys a strong and productive relationship with Kreston Reeves that extends beyond the traditional accountancy client experience, with regular referrals of new clients between the two firms. Kreston Reeves was first appointed to undertake a detailed review of the firm’s director remuneration packages resulting in each director benefitting from a substantial saving in tax each year. The firm was then appointed to provide full accountancy and audit support. “We provide Jennifer Williamson and the Kreston Reeves team with a lot of management information each month,” explains Graham, “and regularly meet with them to share our thoughts and plans for months ahead. “Jennifer and the Kreston Reeves team are proactive, keeping us up to date with financial changes that we need to understand with newsletters and training, adding value at every step of the way. “Kreston Reeves projects a modern, forward-thinking firm, that is professional, and that reflects our own position. I expect performance from our advisers and Kreston Reeves delivers that.” This year Kreston Reeves is celebrating 200 years of history. We are using the significant milestone as an opportunity to celebrate our clients, our colleagues, and our communities!

Graham Mitchell, Financial Director, Caxtons