Britannia Hotels Limited (1) Britannia Hotels Number 2 Limited (2) v Environmental Health Officer Richard Parkinson and 1 other — 2023

These proceedings were an appeal under section 24(2) of the Health and Safety at Work etc. Act 1974 against six prohibition notices issued on 22 September 2022 concerning hotel rooms at the Adelphi Hotel in Liverpool. The appeal was heard on 14 June 2023. After submissions, the parties reached an agreement in principle and the tribunal approved a judgment reflecting that agreed position.

The tribunal recorded that Britannia Hotels Limited did not have control or management of the Adelphi Hotel at the material time. On that basis, Prohibition Notices 830938/RP1, 830938/TG1 and 830938/TG2 were cancelled.

For Notice 830938/TG3, the respondents said they had since become aware of evidence about the subject matter of the notice, namely a wardrobe in room 648, and did not seek to continue with it. Notice 830938/TG4 was also cancelled because the respondents were not aware when it was issued that the slimline wardrobe had already been removed, and the tribunal considered that, taking section 24(2) together with Chevron, it was not appropriate to continue the notice.

Notice 830938/RP2, which related to windows at the Adelphi Hotel, was affirmed without modification because the second claimant no longer wished to continue its appeal. The result was that five notices were cancelled and one was affirmed.