Regulation and Legislation

...unravelling the red tape...

Like any industry, tourism has to comply with a plethora of laws and regulations. All businesses need to be aware of them. We lobby Government departments to reduce the burden of ill conceived red tape, keep businesses informed of changes and try to make it as esay as possible for businesses to comply.

Latest News on Deregulation of Tourism and Hospitality Industry

Tourism Regulation Tasforce Report:  Recommendations from an independent panel for widespread deregulation of the tourism and hospitality industries were published on 24 January 2012 by DCMS.  The proposals, which cover areas such as planning and use classes regulations, travel insurance, food labelling, health and safety rules, employment restrictions in the tourism sector, licensing and many other areas of concern to the industry, will now be considered across Government.  A copy of the report from Tourism Regulation Taskforce is available for you to download.

Health and Safety:  In Autumn 2011 Prof Lofstedt  published his report on reforming Health and Safety legislation.  The full report can be downloaded  but in summary the remain recommendations are as follows:

• Exempting from health and safety law those self-employed whose work activities pose no potential risk of harm to others.
• That HSE should review all its ACoPs. The initial phase of the review should be completed by June 2012 so businesses have certainty about what is planned and when changes can be anticipated.
• That HSE undertakes a programme of sector-specific consolidations to be completed by April 2015.
• That legislation is changed to give HSE the authority to direct all local authority health and safety inspection and enforcement activity, in order to ensure that it is consistent and targeted towards the most risky workplaces.
• That the original intention of the pre-action protocol standard disclosure list is clarified and restated and that regulatory provisions that impose strict liability should be reviewed by June 2013 and either qualified with ‘reasonably practicable’ where strict liability is not absolutely necessary or amended to prevent civil liability from attaching to a breach of those provisions.

These recommendations should have a very positive impact on the tourism industry if adopted and implemented by Government (which stands a good chance due to the prioritisation on reducing regulatory burden to support businesses) as they will reduce costs and clarify requirements for businesses.

If you are setting up tourist accommodation or would like more information on all the legal areas covering the sector, we recommend our Business Advice Handbook which acts as a useful guide to starting or expanding your business and includes our authoritative regulations and legislation guidance.

Some of the main regulations and recently updated legislation covering the tourism sector are listed below. Follow the relevant links for a summary of the regulations and a brief guide to compliance.

Employment Regulations

This section gives employers an outline of some of the key things they need to know about employment legislation, including the national minimum wage and employee rights on annual leave.

Equality Act 2010

The Equality Act 2010 comes in to force on 1 October 2010 replacing existing laws such as the Disability Discrimination Act. Information that tourism businesses will need to comply with the regualtions can be accessed here.

Securing Your Wireless Network

Internet security is a vital consideration particularly for businesses that provide free wireless connections. The Digital Economy Act 2010 makes it more important than ever for tourism businesses to be aware of the precautions they should take. Use this section to start your learning process about online security.

Health and Safety

This is an area governed by many different regulations. Tourism South East provide information as well as links to other organisations who specialise in advising on Health and Safety issues.

Fire Risk Assessments

All businesses in the tourism sector, including small B&Bs are required to complete a fire risk assessment. This page contains information on completing the assessment and complying with the fire regulations.

Food Safety

Managers and owners of tourism businesses that provide catering have a duty to record food handling and hygiene practices under government food safety regulations. Learn more about the basic requirements here.

Preventing Illegal Working

The Home Office provides guidance to help employers to avoid hiring illegal workers. The penalty for not doing so can be £5,000 and Tourism South East have some information on the steps you should take to ensure compliance.

Environmental Legislation

These pages contain information on the increasing number of regulations associated with environmental practices.

Recent Regulatory Changes

This page gives a brief overview of a variety of new regulations that have recently come in to force or will be issued soon.

Diversity Awareness

All businesses across the service sector generally and the tourism industry in particular should be aware of the diversity of their potential customer base and of the labour market. This section of our site helps you to understand the legal requirements.

Brown and White Signs

They act as both directional signposts to make sure your guests can find you easily and as a marketing tool for passing and future custom.

Furnished Holiday Lettings

Tourism South East has made a submission to the Government's consultation on ammending the Furnished Holiday Lettings rules.

Emergency Budget

The main focus of the budget has been to implement a deficit reduction plan. This page offers tourism businesses a brief guide to some of the key impacts on the tourism sector.

Performing Rights Society

Any person or business that is playing music, whether live or recorded, for public performance is required to pay for a PRS licence. This includes TV's in guest bedrooms so all accommodation providers should be aware of the information that we provide here.

Vetting and Barring Scheme

Following a great deal of controversy and national press coverage the Government has announced that it is diluting the requirements of the Vetting and Barring Scheme. This page offers a breif summary of the important points.

Guide Dogs

Tourism South East has recently received requests for guidance from hotel and Bed and Breakfast operators regarding the issue of guide dogs and information for tourism businesses is provided here.

If you would like more information on regulations and legislation regarding the tourism industry or you think that there is something we should be addressing please contact Development on 023 8062 5499