JUNE 2015

HOTEL & CATERING LAW

Instructions to candidates:
a)
Time allowed: Three hours (plus an extra ten minutes reading time at the start do not write anything during
this time)
b)
Answer any FIVE questions
c)
All questions carry equal marks. Marks for each question are shown in [ ]
d)
Cite principles of law, common law, statute law and cases with a synopsis of their facts and ratios. Extra marks
will be awarded for relevant cases cited
1.
2.
3.

4.

A number of factors will need to be considered before opening a new business. Critically examine major
decisions that will be made during the planning and development stages of a new catering enterprise.

[20]

A hospitality business is required to meet strict standards of health, safety and hygiene. Examine ways in
which public health legislation exercises control over new and existing hotels.

[20]

A legal duty is imposed upon a hotelier to provide details of particular charges upon request.
a) Outline the requirements of the Tourism (Sleeping Accommodation Price Display) Order 1977.
b) Explain how a hotelier will meet the needs of the Immigration (Hotel Records) Order 1972.
c) Identify data that is exempted under the Data Protection Act 1984.

[10]
[5]
[5]

The Hotel Proprietors Act 1956 states that only hotels within the meaning of the Act shall be deemed to
be inns. Compare and contrast the rights and duties of an innkeeper with those of a private hotelier.

[20]

5.

Restaurants have a legal obligation to display a priced menu outside their premises.
a) Critically examine the requirements to display prices of food and drink for sale for consumption on the
premises.
[10]
b) A husband takes his wife out for a meal, and the meal which is provided breaches the terms of the
contract under which it was supplied. Explain the legal position in respect of the wife.
[5]
c) A student makes a block booking for ten guests to celebrate her twenty-first birthday. She selects a set
menu from which guests may choose. She intends that she alone will pay for the food and wine served.
The students father suffers disappointment with his meal. What is the legal position regarding the
students father?
[5]

6.

The sale of alcohol is a licensable activity and requires proper authorisation in the form of an appropriate
licence issued by an authorised body.
a) Discuss reasons why an application for a licence to permit the sale of alcohol may be refused.
[5]
b) Explain the legal position in respect of a 17-year-old man in a bar accompanied by his parents and
older brother.
[10]
c) Describe the action you would take if a person who appeared to be drunk entered your bar and
attempted to purchase an alcoholic drink.
[5]

7.

Employment law places legal obligations upon everyone working in the hotel and catering industry.
a) Examine the differences between a director, a partner and an employee.
b) Explain the circumstances under which deductions from an employees wages may be made.
c) Discuss how an employer should deal with tips and service charge.

8.

[10]
[5]
[5]

It shall be the duty of every employer to provide a safe place of work for every employee.
a) Identify employees who may be at special risk, and discuss steps an employer should take to provide
them with additional protection.
[10]
b) Explain how the Control of Substances Hazardous to Health Regulations offers protection to all
employees.
[5]
c) Describe the duties of an employer under the Health and Safety (Display Screen Equipment)
Regulations.
[5]

INSTITUTE OF COMMERCIAL MANAGEMENT