Law for the Hotel and Catering

Industry
 Hotel Proprietor’s Act 1963
Definition of a hotel:
 An establishment which provides or holds itself out as
providing sleeping accommodation, food and drink for
reward for all comers without special contract and includes
every establishment registered under the Tourist Traffic
Acts 2003”

Definition of Proprietor
 The person carrying on the business of the hotel

www.irishstatutebook.ie
 Duties imposed by the Act

A duty to receive all-comers

A duty regarding the safety of the

guests and the safety of the hotel
premises

A duty to receive guests property

 Duty to receive all comers
HP is under a duty to receive all guests
unless there are reasonable grounds for
refusal
 Guest is in unfit state to be received
(intoxicated)
 All bedrooms are sold
 The prospective guest is unable to pay – if
unsure may request payment in advance
If the HP refuses a guest unreasonably,
then they expose themselves to civil
and criminal liability
Duty regarding Safety of Guests and
Premises
Must take reasonable care of the guests
person
 Not absolute duty of care
The premises must be as safe as
reasonable skill and care can make
them
From the phrasing of the Statute it
appears that the HP is also liable for the
acts of independent contractors
Duty to Receive Property of Guests
If a guest is sleeping on the premises,
the HP must accept the guests property
2 qualifications:
 The sleeping accommodation has been
engaged (engaged but not occupied?)
 The proprietor has suitable accommodation
for the guest’s property
HP must also accept property during a
reasonable time period before and after
the guests stay
 Rights of the HP

A right of lien on property

 To seize guests property if they have
refused to pay

The right to sell that property

 Right of Lien

HP can seize the property of the guest

for debt due in respect of sleeping
accommodation, food or drink supplied
Extends to property that does not
belong to the guest, if the HP was not
aware of that when received
Also includes motor vehicles
 Right of Sale

Can sell property by public auction if

after 6 weeks the debt remains unpaid
Once the property has been sold, the
HP deducts and debt and relevant
expenses and then returns the surplus
to the original owner of the goods
Those who purchase the goods, receive
them with a ‘good title’
Keeping a register of hotel guests

Aliens Order 1946

HP must keep a register in the premises
of all guests on the premises and to
preserve the register for 2 years from
the last date of entry in the register
Does not specify format of register
 Name, date of arrival, address, nationality
Retail prices (Beverages in Licensed
Premises) Display Order 1976

Provides for the display in licensed

premises of the tax-inclusive prices at
which drinks are sold

Requirements of the Order

 Two notices must be displayed
 First Notice

Must specify all beverages sold, the

quantities in which they are sold and
the price charged for each
 Second Notice
 Pint (568ml) of  Measure (35.5ml) of
draught stout whiskey
 Pint of draught ale
 Measure of vodka
 Measure of gin
 Pint of draught lager
 Bottle (200ml) of
 Pint of draught cider carbonated drink (cola
 330ml bottle of stout based)
 330ml bottle of ale  Bottle of carbonated
 330ml bottle of lager drink (other base)
 Bottle (113ml) of
 330ml bottle of cider
mixer
 Bottle (187ml) wine  Bottle (250ml) of
water
 Display of Notices

Notices required to be displayed must

be in such a position as to be clearly
visible and capable of being easily read
by persons in the area of the premises
Prices displayed must be the retail price
inclusive of VAT
Checked by the Office of the Director of
Consumer Affairs (ODCA)
The Retail Prices (Food in Catering
Establishments) Display Order 1984

Owners must display a comprehensive list of

the prices of food items sold
Must be visible immediately outside or inside
where food is being served
In a hotel pricesc can be displayed at the
entrance to the premises or the entrance to
the catering area
Any extra charges that apply must be stated
here also
Contract for sale/supply of services

Definition: a contract whereby a service

provider provides the service or agrees
to provide the service to the service
recipient for a monetary consideration
called the price
 Consideration can be part money and part
goods
Sale of Goods and Supply of Services
Act 1980

Consumer rights/supplier obligations

• Goods must be of merchantable quality

• Goods must be fit for their purpose

• Goods must be as described

Sale of Goods and Supply of Services
Act 1980

Implied terms
 The supplier has the necessary skill to render
the service
 (S)he will supply the service with due skill, care
and diligence
 Where materials are used, they will be sound
and reasonably fit for the purpose for which
they are required
 Where goods are supplied under contract, they
are of merchantable quality
The Consumer Communities (Unfair Terms
in Consumer Contracts) Regulations, 1995
A term is deemed unfair if it causes a
significant imbalance in the parties’ rights and
obligations to the detriment of the consumer
 Terms that gives the supplier the right to change
terms
 Terms that limit the liability of the supplier
 Terms that place an unfair burden on the
consumer
Such terms are not binding on the consumer
Contact National Consumer Agency
 www.consumerconnect.ie
 Consumer Protection Act 2007

The Act provided for the establishment of the

National Consumer Agency,
EU Directive on unfair commercial practices
into national law
Made various changes to our consumer laws
–all pro-consumer
Repealed certain older consumer laws, some
of which dated from the 19th century.
 National Consumer Agency

The main functions of the NCA are:

 To promote and protect the interests and welfare
of consumers
 To enforce the relevant consumer law
 To encourage compliance with the relevant law
 To investigate suspected offences under any of
the relevant laws
 To refer cases to the Director of Public
Prosecutions where appropriate.
 Penalties imposed

Compliance notice
 The trader has 14 days to appeal
 If the trader fails to comply, the NCA may take
criminal proceedings.
On-the-spot penalties for offences relating to the
display of prices.
It is also required to keep a Consumer Protection
List
 List of traders convicted of criminal offences, subject
to court orders, bound by an undertaking or served
with a compliance notice
 Equal Status Act 2000-2004

The purpose of ESA (2000-2004) is to:

 Promote Equality
 Prohibit certain kinds of discrimination (with some
exemptions) across nine grounds
 Prohibit sexual harassment and harassment
 Prohibit victimisation
 Require reasonable accommodation of people with
disabilities
 Allow a broad range of positive action measures.
 Equal Status Act 2000-2004

Applies to people who:

 Buy and sell a wide variety of goods
 Use or provide a wide range of services
 Obtain or provide accommodation
 Attend at or are in charge of educational
establishments.
Discrimination prohibited on the
following 9 grounds

The gender ground The religion ground

The marital status The age ground
ground The disability
The family status ground
ground The race ground
The sexual The Traveller
orientation ground community ground
 Types of discrimination

Indirect Discrimination
 Where there is less favourable treatment by impact
or effect. It occurs where people are, for example,
refused a service not explicitly on account of a
discriminatory reason but because of a provision,
practice or requirement which they find hard to
satisfy.  
Discrimination by Association
 Where a person associated with another person
(belonging to the discriminatory grounds) is treated
less favourably because of that association.
Disability: Reasonable Accommodation

Must do all that is reasonable to

accommodate the needs of a person with a
disability. This involves providing special
treatment or facilities in circumstances where
without these, it would be impossible or
unduly difficult to avail of the goods, services,
accommodation etc.
However, they are not obliged to provide
special facilities or treatment when this costs
more than what is called a nominal cost.
 Positive Action
The Acts allow preferential treatment or the
taking of positive measures which are bona
fida intended to:
(i) promote equality of opportunity for
disadvantaged persons;
(ii) cater for the special needs of persons,
or a category of persons who because of
their circumstances, may require facilities,
arrangements, services or assistance.
 Exemptions on all grounds
The Acts allow people to be treated differently on
any of the grounds in relation to:
 Insurance
 but only if the differences are based on actuarial or statistical
data
 Wills/Gifts
 Where goods are disposed of by will or by gift;
 Promotion of special interests
 Where services are provided for the principal purpose of
promoting for a bona fide purpose and in a bona fide manner,
the special interests of persons in a particular category 
 Special Needs
 Where goods and services are provided which can reasonably
be regarded as being suitable only to the needs of certain
persons
 Making a claim

Step 1: Written notification (ODEI1)

Step 2: Making a claim (ODEI2)
Step 3: An Equality Tribunal
 Mediation
 Investigation
 Remedies
 Appeals
 Enforcement