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Caterer, Licensee & Hotelier

March 2017

Protest Accusing Adjudicator OPINION: Kitchen Design and Tied Tenants of Failing to Act in Their Interest the Great Grease Trap Dilemma DURING THE design of a commercial kitchen, with today's regulations and enforcement challenges that owners face, getting the correct information in regard to the design of a kitchen is a significant challenge, writes William Clark, director of Alumina. Good business practice would be to contract a good professional consultant. This will ensure all the current legislation, on all aspects of the design and operation of a commercial kitchen (Hygiene Practices HACCP, Oil and Grease Compliance), are covered. All consultants have indemnity insurance, combined with many years of experience too, so it is money well spent. Consultants will take into account a grease management system in the initial design and allow enough space to accommodate it. Positioning the equipment correctly, e.g. number of sinks, combi ovens, etc. by using oversized or extra sinks, will increase the size of interceptor to be specified. The pipework system requires a clear run to drain outlet to give optimum performance and cost saving. With the ambiguity of the adopted EN-1825/PDA sizing methods and the number of different trap systems in the marketplace, we presume they are all certified and fit for purpose in UK- if you read the different companies' literature. However, it may use certification from different bodies. Be aware it is up to the business owner to ensure these meet current legislation; we would advise that this be obtained in writing and dated. Raising the question, "How can the interceptors based on nominal sizing, be used if GMS hasn't been tested or approved by a UK authority, be passed by the compliance team approving each installation?" Only when installed and the kitchen is functioning and Interceptor tested, will the client know if they have chosen wisely. When a trap fails to perform, but has been passed by the FOG team, who is responsible in this instance? This will cost money to replace to ensure it is compliant and still may fall foul of the Environmental Health Inspector. "Be aware it is up to the business owner to ensure these meet current legislation; we would advise that this be obtained in writing and dated" Why are the food and beverage operators in restaurant/hotel groups not raising these issues with their local elected councils and government? If they have installed "Approved" Interceptors and subsequently found that they are not fit for purpose, how can they seek redress? The new word "compliance" from water companies and sewer misuse teams will feature in design and implementation, as water companies become more aggressive in protecting their assets. The specialist for design is critical for future and existing establishments, the EHOs, may be over-stretched, the water companies slow to act. However, this will change with the use of compliance teams checking your units. Positioning of wash hand basins, sinks, gullies, waste bins and so on, will feature in design criteria. Emphasis on the prevention of cross contamination will become even more important in the future. Position of wash hand basins in a bar, for example in relation to the position of the ice chest, glass stor-

age, beer taps and so on. The cost of retrofitting GMS installs can be more expensive if the initial design ignores positioning of drain outlets. Space is always at a premium, so sizing and space for retrofits can be a major problem. We have first-hand experience of the cost of retrofitting in establishments where a design specialist was not involved. The added expense of trapping sinks and FOG producing equipment in these areas where equipment/walls/door openings, bar pipework etc. can cause problems is challenging and usually cost lee, requiring bespoke traps due to space availability. With a proper layout which takes into account the GMS and organises the most efficient drainage, t his reduces the number of traps! This can be as simple as having more than one sink tied into the GMS. The c leaning/maintenance cost is reduced by use of fewer traps. Are all the sinks & gullies really needed? Are they sized for optimum use? In your business plan, known water usage levels and GMS maintenance costs should not be ignored. The experts on the subject of grease, oil, foodstuffs entering the sewage pipe network have prepared many papers and documents. Authorities have produced regulatory documents/statements, to date the universities /experts/concerned companies, have failed to produce a definitive document or method of grease/oil retention that can guarantee a large quantity of FOG will not enter sewer systems from premises/homes where food is prepared. "The cost of retrofitting GMS installs can be more expensive if the initial design ignores positioning of drain outlets" Water companies are using 'sewer misuse' as an attempt to implement in a larger area the controversial Dublin experiment. This, while a laudable attempt to control waste in sewers, led to an expensive period for restaurants in the Dublin area. The charges/fines/licence fees for a service that other than giving FOG a higher profile and many business a new service function and income stream, did little to further the cause of waste removal in a responsible cost effective manner. Dublin restaurants are left with equipment, insisted on by some members of the FOG team, that is not fit for purpose. Many questioned the methods/assertions/regulation interpretations, but were stonewalled by the system. The sewer misuse teams may earn a revenue stream for water companies, however we would recommend that first a proper method evaluating all ways of preventing FOG from entering sewers is activated. That the use of certificates from bodies who are not accountable and use test methods not in line with requirements of health & safety or current building regulation in force, should be questioned. It would be a start to identify the legislation in detail that allows the act ions carried out by the FOG Compliance/misuse team. The right of access is not in dispute, however the legislation covering all other actions would be of great assistance to restaurant owners. Aluline is a specialist in drainage solutions and uses technological advances in biotechnology to produce managed maintenance systems for drains in commercial kitchens. Visit www.alulinegms.com for further details.

TIED PUB Tenant protests in Birmingham on March 15th 2017 to accuse Pub Adjudicator of failing to act in the interest of Tied Pub Tenants and Pubs.

Tied tenants are calling on Mr. Newby to resign his position or they will continue to demonstrate their feelings on his appointment until Government accepts the fact that he does not have their support and relieves him of his position Tied Pub tenants from different parts of the Country will be attending a demonstration on Wednesday March 15th at 12.00 outside the offices of the Pubs Code Adjudicator Paul Newby, accusing him of failing to implement the Pubs Code, designed to re balance the relationship between larger Brewers and their tenants. Mr Paul Newby was appointed as the Pubs Code Adjudicator in May 2016, despite his obvious conflict of interest, being a former Director of the property Company Fleurets, who derive nearly a quarter of their income from the companies he is supposed to regulate. Mr Newby also retains shares in Fleurets, which will be effected by any impact of the Code on their clients – Brewers and Pub companies. Part of his role is to adjudicate the new Law, The Pubs Code, which came into force in July 2016. Within this legislation there is the option for a tied tenant to choose to go “Market rent Only” or MRO which means enables them to buy their beer on the open market and have a reasonable market rent. Unfortunately Mr Newby has failed to make a single decision on over 100 referrals made to his office on this issue, resulting in tied tenants being forced to give up on the process Mr Newby has also failed to investigate the continual abuse of tenants, which in the opinion of The PAS has increased in frequency since the Code came into effect. In November 2015 Government lost their only vote until Brexit on one of their own Bills when the option to go Free of Tie was voted into the Small Business and Enterprise Bill. Mr Newby’s inaction have shown his complete indifference to the

will of Parliamentary Democracy which occurred on this historic day. Tenants from as far as Plymouth, Southampton and Hull will be attending the demonstration which has been organised by The Pubs Advisory Service, an organisation which has been a key part of the campaign to reform the unequal relationship between tied tenants and the Brewery’s that own Pubs and force them to pay sky high rents and hugely inflated prices for their beer under the “Beer Tie.” Tied tenants will be manning a bar outside of the Pubs Code Offices offering tasters of the specially brewed beers for the occasion. On offer will be pints of freshly brewed “Empty Promises”, “Dark and Murky Conflict” and a special “Bias IPA” Chris Wright, Founder of PAS said: “The fact that the Pubs Code has had absolutely no impact on the horror stories we are seeing, seemingly on a daily basis, demonstrates the complete contempt in which our new law is held by the Pub Companies, showing they have no fear of Paul Newby or the power he is supposed to carry.” Dave Mountford also of PAS who is organizing the demonstration added: “When MRO was voted into the legislation in November 2015, we felt we had achieved everything that was needed to finally provide tied tenants with a fair deal. Alas the Government either deliberately or incompetently has put in charge, someone who has been part of the problem and then expected tenants to accept he will become part of the solution. Our justified fears about Mr. Newbys clear links to the industry he is supposed to regulate has been completely borne out by his actions or should we say, lack of them.” Nicola Pearce, a tied Enterprise tenant from Plymouth who is making the 400 mile round trip said: “I’m here because every day that passes with no decision being made by Mr. Newby, has a detrimental effect on peoples lives. Every referral represents a person suffering and waiting for justice and in so many cases the justice they need isn’t coming fast enough for them.

Workplace Pensions-Are You Ready?

NEXT YEAR more than 700,000 employers will see the start of their workplace pensions duties.

Under the law, all employers must put certain staff into a workplace pension and make contributions into it - and this will include landlords, hoteliers and restaurant owners. Like other sectors with seasonal and part time staff, the hospitality sector is one that may be at risk of failing to meet their duties. This is because employers may wrongly assume they will not have duties in respect of these types of staff and are unclear how the law affects them. The Pensions Regulator (TPR) is responsible for ensuring employers comply with the law. We provide information and tools to help employers understand how the law applies to them and what they need to do to comply. When do I need to implement automatic enrolment? Every employer has a staging date which is a date set in law and is specific to them. It is when their workplace pensions duties start. You can check when your duties start by heading to our online Duties Checker tool http://www.thepensionsregulator.gov.uk/en/employers/duties-checker.aspx. We will also write to you well in advance of your staging date so that you have enough time to get your plans in place and we will send you an essential guide. Employers we spoke to said that taking time to read it and understand what they need to do, saved them time over all. What do I have to do to meet my workplace pensions duties? Your duties will vary depending on whether or not you have staff to put into a pension. Using our duties checker takes just 5 minutes and you will be able to find out what you will need to do and when. Broadly, you will need to check which staff must be put into a pension. These are staff who are aged 22 and over and under State Pension Age who earn more than £10,000 a year. You must write to all your staff individually to tell them how automatic enrolment applies to them. Even if a member

of staff is not eligible for automatic enrolment, you must write to them so that they have the option to join a pension. If you have staff who must be automatically enrolled, you will need to choose a pension scheme that can be used for automatic enrolment. TPR has easy to understand information about which schemes employers can use, including a list of providers that employers can choose from. There is also a checklist of questions you should ask potential pension providers. Choosing a scheme need not be difficult, but you should leave enough time to make your decision so that you choose a scheme that is right for your organisation and your staff. You will also need to ensure the payroll software you use is suitable for automatic enrolment and is compatible with your chosen pension scheme. If someone else is managing automatic enrolment for you, you can nominate them as an additional contact. This person will receive tailored information from us. Make sure we have the right contacts for you. You must also complete and submit a declaration of compliance. Do not forget to do this as, it is a legal requirement and tells TPR what you have done to meet your duties. What happens if I don’t comply? TPR takes an educate and enable approach and wants to help employers meet their duties. However we will use our enforcement powers where an employer ignores their duties. When we become aware an employer is non compliant we usually send a compliance notice. This tells the employer what they need to do to comply and sets a deadline for action. Failure to act may lead to a fixed penalty notice which is a £400 fine. It is worth noting that even if you subsequently then go on to meet your duties, you will still have to pay the fine. Employers who continue to fail to meet their duties are at risk of an escalating penalty notice. This means they will have a deadline to comply before the start of a daily fine. This is between £50 and £10,000 a day depending on the size of the employer. The vast majority of non compliance is because employers have left tasks to the last minute, so it is essential to start planning in good time. If you find that you have missed your staging date or are concerned that you will not meet your duties on time you should contact TPR immediately – don’t wait for a fine. More information on what happens if you don’t comply can be found at www.thepensionsregulator.gov.uk/en/ employers/what-happens-if-i-dont-comply.aspx See the advert on page 13 for details.

Peeks Spring into Action

SPRING IS in the air, moods are improving so you’ll be wanting excuses for a party. And that’s what Peeks is for. First up is St Patrick’s Day on March 17 – when the Emerald Isle makes you smile. We’ve got the green stuff to go with the black stuff, the balloons to go with the blarney and the clovers to go with the ceilidh. March 26 is the fourth Sunday in Lent – better known as Mother’s Day, or Mothering Sunday. But don’t just send a card and a bunch of flowers this year - throw a party; have a laugh with the matriarch. We’ve got everything you

need, including banners, signs and beautiful balloons. Go on, make a fuss – with us. And there are plenty of other reasons for a party coming up, including St George’s Day. St George slayed a dragon – no, not his mother-in-law, a real dragon – and April 23 is when we celebrate England. It was Shakespeare’s birthday too, so you can pretend your party is for educational reasons! Indeed, as Shakespeare wrote in King Richard II: “This blessed plot, this earth, this realm, this England – goest to Peeks and party.” Our huge range of products are available at our massive party store in Christchurch and through our wizzo website;- www.peeks.co.uk

CLH News #198 March 2017  

Issue #198 of CLH News - the leading monthly trade publication for the independent hotel, pub and restaurant sector of the hospitality indus...

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