NDML News
Jan News Letter
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Loss Recovery Insurance
Over the past year we have seen a dramatic increase in repudiated and delayed claims - strong evidence that insurers’ attitudes are hardening.
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Oct News Letter
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EMPLOYERS LIABILITY (Compulsory Insurance)
Employers' liability insurance enables businesses to meet the costs of damages and legal fees for employees who are injured or made ill at work through the fault of the employer. Employees injured due to an employer's negligence can seek compensation even if the business goes into liquidation or receivership.
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August News Letter
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GUIDANCE FOLLOWING THE RIOTS ACROSS ENGLAND
In light of the disturbances that have taken place in a number of major city centres across the country over the past few days, we are issuing the following guidance notes which we hope you will find useful.
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June News Letter
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More than 25% of all Fires are Caused by Electrical Faults
The Electricity at Work Regulations 1989 came into force on 1st July 1990. The purpose of the Regulations is to ensure precautions are taken to protect against the risk of death or personal injury from electricity in work activities.
Here at NDML Ltd we can assist you in compliance with these legal and insurance requirements.
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March News Letter
A North East company
A North East company was sentenced for breaches of Health and Safety legislation at Newcastle Crown Court on Friday, 11 February.
The prosecution relates to an accident involving a six year old boy falling through a gap in a staircase and sustaining serious head injuries at the Lounge Bar, Neville Street Newcastle.
Ladhar Leisure LLP, owner of the Lounge Bar, Neville Street, pleaded guilty to the charge at Newcastle Magistrates Court on Tuesday 11 January but the Magistrates referred the case to the Crown Court for sentencing because of the seriousness of the injuries involved in this case. The incident occurred in April 2010 when a six year old boy, now seven, visited the Lounge bar on Neville Street with his parents.
The boy slipped through a damaged side rail on the staircase and fell approximately two meters landing on a ceramic tiled floor below. He sustained a fractured skull and was treated at Newcastle General Hospital. Ladhar Leisure LLP have had proceedings taken against them under section 3 (1) of The Health and Safety at Work Act 1974 and regulation 3 (1)(b) the Management of Health and Safety at Work Regulations for:
(1) for their failure to provide a suitable and sufficient safe side guard to the staircase on which the boy fell and
(2) for their failure to provide suitable and sufficient risk assessments for their premises.
Ladhar Leisure LLP was fined £10,000 for the two breaches and costs of £4,000 were awarded against the company.
Cllr Anita Lower, Newcastle City Council's Executive Member for Neighbourhoods and Public Protection, said: "This prosecution sends out a strong message that Public Safety is something that cannot be compromised."
Stephen Savage the Director of Public Health and Regulatory Services said: "The investigation was detailed and complex requiring considerable expertise upon which the staff are complimented."
Brewery pays out nearly £30,000 for fire safety breaches
A brewery has been ordered to pay £27,481 in fines and costs following a number of fire safety breaches at one of its pubs in London.
Punch Taverns Plc pleaded guilty to seven contraventions of the Regulatory Reform (Fire Safety) Order 2005 at Thames Magistrates Court on 6 January.
Fire safety officers who first investigated the Milestone pub on Mile End Road in July 2008 found that there was inadequate maintenance of the fire alarms and poor emergency lighting. In some cases, emergency lighting was non-existent.
The London Fire Brigade also found that the building, which is a House of Multiple Occupation, had not been installed with self closers on a kitchen door and one of its bedroom doors.
Punch Taverns was issued with an enforcement notice and time to comply following the first visit, however a second investigation in November 2008 revealed a number of faults still to be addressed.
Assistant commissioner for fire safety regulation, Steve Turek, said: "London Fire Brigade will continue to take action when businesses, large or small, do not take their fire safety responsibilities seriously. Failure to comply with the law can, as this case has shown, result in a prosecution."
Bristol City Council wins health and safety case against owners of Java bar and night club
Mauretania Estates Limited were sentenced (10 January), for failing to comply with four Improvement Notices served under the Health & Safety at Work etc Act 1974 following a prosecution by Bristol City Council.
The company was ordered to pay £8,000 with costs of £5,688,00 awarded to Bristol City Council.
The city council's public health services team inspected the premises of Java, a cafe bar and nightclub premises in Park Street and found the general condition of the premises was poor with a number of hazards in areas used by members of the public and employees. As a result, a Prohibition Notice and four Improvement Notices were served with an accompanying letter outlining various other works which were required.
The Prohibition Notice related to exposed electrical conductors in the kitchen and underneath the DJ booth;
The Improvement Notices related to: more than twenty defects to the electrical installation, including exposed cables, missing covers to distribution boards, broken sockets and missing light covers; defects to extension leads, plugs and flexes; A requirement that they appoint one or more competent persons to assist in undertaking measures in order to comply with health and safety provisions; protecting their employees from exposure to noise.
Despite numerous visits by Health and Safety staff, the actions required to comply with the Notices and to improve the premises, were not completed. Bristol City Council staff were then forced to take legal action. After hearings in the magistrates court, the company finally pleaded guilty in the Crown Court in December 2010.
Principal Environmental Health Officer for Bristol City Council, Paul Tregale, said: Mauretania Estates Ltd did not take appropriate action after receiving the Improvement Notices, which meant staff and customers were left exposed to a number of hazards. Whilst we endeavour to work with businesses to ensure they provide good standards for health and safety, when they fall short of the required standards and fail to comply with enforcement Notices, we will take enforcement action.
Cllr Bev Knott, Bristol City Councils cabinet member for Neighbourhoods, said, "We are determined that businesses in Bristol are run in a way that is safe for customers and for staff. The level of the fine sends a clear message that action must be taken if notices are served."
January News Letter
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ADEQUACY OF SUMS INSURED AND INDEMNITY PERIODS
The focus of the Business Interruption section of our All Risk policy’s are to ensure that should you incur an interruption to your trading patterns caused by an insured peril that you can be suitably reimbursed for your lost income or profits until you are in the same trading position you enjoyed prior to the loss occurring.
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November News Letter
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CCTV - WHAT ARE THE REGULATIONS?
We are asked regularly what the regulations and/or laws are regarding CCTV footage in Nightclubs and Bars in the UK, specifically how long they must keep them and also the regulations regarding storage and proper usage.
HOW LONG SHOULD WE KEEP OUR CCTV FOOTAGE?
A retention time of 31 days has commonly been used for most CCTV applications and is still recommended by police. In reality though, it may be appropriate to make your decision on the retention times according to the likely severity of the incident that requires monitoring.
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August News Letter
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CUSTOMER SERVICE PROVIDER OF THE YEAR
NDML has been shortlisted as finalists in the UK Broker Awards in the Customer Service Provider of the Year category.
HEALTH & SAFETY TRAINING - EMPLOYERS DUTIES
Training, training, training - you might think we keep saying the same thing, that's because we do. Despite it being one of the things which suffer most when times are hard, lack of training is still one of the main reasons why accidents happen and why businesses get prosecuted or have to pay out hefty compensation claims.
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May News Letter
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HARDENING MARKET
Industry experts have claimed that the recent decision taken by the Irish Financial Regulator's to stop Quinn Insurance writing new business in the UK could kick-start a return to a hard market.
ADEQUACY OF SUMS INSURED
As a professional broker we stress to our clients the importance of providing the correct sums insured.
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March News Letter
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UPDATE ON CONTROL OF NOISE AT WORK
Following on from our January 2009 newsletter in which we looked at the Control of Noise at Work Regulations 2005 which came into force on 6th April 2008, despite the regulations being in effect for the leisure industry for approximately two years, it is surprising that so few operators have made efforts to comply.
PUB COMPANY FINED FOR MULTIPLE FIRE-SAFETY BREACHES
A pub management company has been convicted of breaching fire safety law by North Wiltshire magistrates.
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January News Letter
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PERSONAL LIABILITY PROTECTION FOR DIRECTORS & THEIR COMPANIES, Directors & Officers Liability provides personal protection for directors, officers and senior employees of a company.
Can I afford not to be covered? The increasing burden of legislation is making the running of a company ever more difficult. The Companies Act 2006 introduced a statutory duty for Directors, a breach of their duty means that Directors can be held personally liable for damages and expenses, this can be very costly.
Examples of claims The company secretary of a leisure group who owned a number of licensed premises was prosecuted after investigations discovered that short measures were being served at the premises as a matter of course.
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October News Letter
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IMPORTANT CHANGES TO FIRST AID LEGISLATION, Amended guidance to the Health and Safety (First Aid) Regulations 1981 has come into force and sees a major change in the training regime for first aid at work (FAW).
IS YOUR PAPERWORK IN ORDER? Routine inspection at football club reveals basic safety failings.
ASBESTOS � THE HIDDEN KILLER , Owners of older premises warned about the dangers of asbestos exposure.
NDML, through our Risk Management organisation, are in a position to provide advice and support to our customers by the implementation of a full system audit that will identify any shortcomings in your health and safety operating systems.
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Best Bar None Awards
Exclusive discounts have been negotiated under the Noctis Insurance Scheme to reflect those venues who have won a Best Bar None accreditation. The schemes, which operate in a number of towns and city's throughout the UK, offer awards to those venues who can demonstrate both responsible and safe practices as part of their day to day operations.
This risk aware approach to the sale and supply of alcohol is an essential part of all venues pro-active risk management and as a specialist broker NDML are keen to ensure such venues are recognised by insurers with improved insurance costs
Legal Expenses Cover
NDML have successfully negotiated an improved and exclusive legal expenses scheme to be offered to all NDML clients. Due to the increase in litigation being used during various company disputes this area of insurance has become an increasingly important part of all commercial clients insurance portfolio.
Noctis Venues
To accommodate the ever changing city centre leisure and licensed trade landscape NDML are pleased to advise that they have expanded the scope of venues who qualify for the Noctis scheme discounts. Via our specialist development executives we are able to offer reduced insurance premiums without any compromise to the wide levels of cover granted by our insurers, these include:
- Late Bars
- Cocktail Bars
- Restaurants
- Hybrid Venues
- Fun Pubs
- Clubs
- Live Music Venues
- Lapdancing / Poledancing venues
Fed up with years of soaring insurance costs and rumours of dubious new providers in the market, the Leadmill sought the advice of Noctis. Their recommendation was to join the new nightclub insurance scheme set up by NDML. With its unique access to affordable cover and an experienced team behind it, NDML promise both cost savings and the advice & support nightclubs need to survive in an ever-changing risk environment.
I have no hesitation about recommending NDML. They are a friendly bunch of people and very professional. Since the Leadmill transferred its insurances to NDML in mid 2004 they have lived up to their promises. Most importantly, costs are down, and Claims and requests for advice have been dealt with quickly and effectively. The NDML newsletter also provides advance warning of new legislation as well as timely reminders of current issues. They have a great deal of expertise to offer and are enthusiastic to help their customers.Ged Warren
The Leadmill, Sheffield
