Owning a hotel, guest house or B&B

A hotel, guest house or B&B comes with legal duties. The law names who carries each one: the keeper, the proprietor or the person responsible for fire safety. Sometimes that's the owner, and sometimes it's the person running the place.

Fire safety

In England and Wales, the person responsible for fire safety must carry out a fire risk assessment of the premises and review it regularly. GOV.UK says this applies to anyone with paying guests, such as a bed and breakfast or guest house. The owner, the employer or whoever controls the building can be that person. Scotland and Northern Ireland have their own rules.

The government publishes a fire risk assessment guide for sleeping accommodation, and a shorter one for small guest houses and B&Bs.

Serving food

Anyone who cooks, serves or sells food as a business must register with the local council. In England, Wales and Northern Ireland, GOV.UK says to register at least 28 days before trading.

Guest records

The Immigration (Hotel Records) Order 1972 applies to any hotel or other premises where lodging or sleeping accommodation is provided for reward.

Every guest aged 16 or over must give the keeper of the premises their full name and nationality on arrival. Guests who aren't British, Irish or Commonwealth citizens must give more. The Order calls them aliens. They must also give the number and place of issue of their passport or other identity document, and say where they are going next before they leave.

The keeper must keep a written record of each guest's arrival date and details for at least 12 months. The record must be open to inspection at all times by any constable, or by any person authorised by the Secretary of State.

Guests' property

The Hotel Proprietors Act 1956 applies in England, Wales and Scotland. The Act uses "hotel" for somewhere that offers food, drink and, if asked, a bed to any traveller who arrives, without a booking in advance. A guest house that only takes bookings may fall outside it.

The Act sets out when a hotel proprietor is liable for loss of or damage to a guest's property, and limits that liability in some cases.

The proprietor can rely on that limit only if a copy of the notice in the Act's Schedule is clearly displayed. It must be where guests can read it, at or near the reception desk, or near the main entrance if there is no reception.

Selling alcohol

Anyone selling or supplying alcohol in England and Wales needs a licence or other authorisation from the licensing authority, usually the local council. A business that sells alcohol all the time needs a premises licence. Anyone who sells it, or authorises its sale, needs a personal licence.

Useful links