Preparing for the 2012 London Games: The issues facing the food and drink sector

Preparing for the 2012 London Games - the issues facing the food and drink sector

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Preparing for the 2012 London Games - the issues facing the food and drink sector

Parmjit Singh, Head of Food and Drink Sector

Audrey Williams, Partner, Employment

Katharine Vickery, Partner, Business Compliance & Enforcement

Andrew Terry, Senior Associate, IP & Media

6 March 2012

How to shape up for the Olympics…

Audrey WilliamsPartner, Employment Teamaudreywilliams@eversheds.com

How to manage issues – Agenda

• Time off Requests: Leave Policy?

• Flexible Working

• Accommodating impact:

– Home working

– Non attendance

• Volunteers – right to time off?

An annual leave policy?

• Although unusual, can be introduced

• Should set out:

– whether you will relax how many staff can be on annual leave

– deadline for requests

– consequences of unauthorised absences

– return to work interviews following sickness absence

• Policy needs to be communicated to all employees

Interim flexible working?

• Requests will not fall within statutory framework

– no obligation to consider requests

• Consider in the interests of employee relations?

• Set out clear policy

– be precise

– consult with employees

• Consider screens at work

• Beware of pre-arranged flexible working

– do not discriminate

Home working?

• Travel may be a problem near stadiums

• Need well drafted policy

• Areas to consider:

– health and safety

– insurance cover

– data protection

– how to monitor work

Volunteer workers

• In total, 80,000 volunteers to be recruited

• Volunteers get 3 to 5 weeks’ notice of event

• Also have to commit to training

• No right to time off

• But could be beneficial

• Annual leave v unpaid leave

Questions & Answers

Managing Safety Compliance

London 2012

Katharine VickeryPartner, Business Compliance & Enforcement Teamkatharinevickery@eversheds.com

What we will cover:

1. Risks posed by London 2012

2. Official approach to management and enforcement

3. Key legal duties and practical steps

Olympic Facts and Figures

• 14 million meals over 40 locations

• 450,000 extra visitors in London

• 5.5 million day visitors to events

• Food quantities in the Olympic Village includes:

– 232 tonnes of potatoes

– 82 tonnes of seafood

– 100 tonnes of meat

– 330 tonnes of fruit and vegetables

“ The largest peace time catering operation in the world”

Food Safety and Hygiene

• LOCOG Food Vision - “the highest priority”

• High risk of food borne and water borne disease

• Challenges:

1. Increased production of quantities of food and drink

2. Transportation of large volumes in tight deadlines

3. Increased presence of outdoor and mobile vendors

4. Temporary staff

5. Negative PR impact on UK should any incident occur

Health & Safety during London 2012

1. Waterborne, airborne and communicable disease

2. Reaction to heat and exposure to the sun

3. Road traffic accidents

4. Crowd control

5. Strain on health care facilities

6. Fire

Management and Enforcement

• Within venues

– Joint Local Regulatory Services (JLARS)

• JLARS Food Safety Enforcement Protocol

• JLARS Coordination of Responsible Authorities – Public Safety

– LOCOG

• LOCOG Health, Safety and Welfare Intervention Strategy

– Health and Safety Executive

• Launching bespoke web pages to replace HS(G)195 (Health and Safety in the Events Industry)

• Outside venues

– Host local authorities

• CIEH Food Safety and Standards, Management Strategy

What will this mean in practice?

• Primarily enforcement is driven by each local authority

• Increased audits and inspections

• Increased enforcement?

Food Safety and Hygiene

• Regulation 178/2002 – Article 14

• Regulation 852/2004 – Article 3, 4 and 5 and Annex II

• Food Safety Act 1990 – inspect and seize/issue notices

• Food Hygiene (England) Regulations 2006 –issue notices

Health and Safety

• Sections 2 and 3 HSWA 1974

• Safety of Sports Grounds Act 1975

• Regulations

Practical Steps – Safety Management

1. Training

2. Risk assessments/HACCP procedures

3. Emergency Planning Procedures

4. Internal audits

5. Special events

Questions & Answers

Advertising and the London 2012 Olympic Games

Andrew TerrySenior Associate, IP & Media Teamandrewterry@eversheds.com

Ambush Marketing

• “Non-authorised exploitation of the publicity associated with an event through deliberate marketing”

– Physical intrusion

– References in advertising

– Tickets as prizes

– Sponsorship of competitors

– Parallel events

Linford Christie – 1996 Olympics

Bavaria Beer – 2006 FIFA World Cup

Kirin Beer – 2002 World Cup

Olympic Rights

• Beijing 2008 – $866million invested by sponsors

• London 2012 – current budget £9.3billion

Olympic Symbol etc. (Protection) Act 1995

• Clear rights – protection for:

– Words: Olympic, Paralympic, Olympian, Paralympian

– Symbols:

– Mottos: (“citius, altius, fortius” / “spirit in motion”)

• And prevents use of a “controlled representation”:

– a representation of something so similar to the Olympic symbol or the Olympic motto as to be likely to create “an association”

London Olympic Association Right

• London Olympic Games and Paralympic Games Act 2006

• Much less certainty…

• Restricts any kind of representation suggesting “an association”

• “Association” = any commercial or contractual or corporate or financial link

• i.e. not restricted to specific elements

• “Listed Expressions”

• Certain limitations / defences

– e.g. publishing or broadcasting a report of an event forming part of the Olympic Games or information about the Olympic Games

London Olympic Association Right

The “Listed Expressions”:

− any two of the words in list A below

OR

− any word in list A with one or more of the words in list B below:

A B

Games London

Two Thousand and Twelve Medals

2012 Sponsors

Twenty Twelve Gold

Silver

Bronze

Guidance

Guidance

In Practice…

In Practice…

Trade Mark Rights

Finally…

• Advertising & Trading Regulations 2011

– authorisation needed for advertising in events zones (by 31 March)

– restrictions on give-aways, branded clothing

– exceptions apply

• Rule 40 / IOC Charter

– restriction on use of images of athletes used in advertising during “Games Period”

Questions & Answers

Eversheds contact details

For further information please contact either

one of the presenters on:

Parmjit Singh: 0845 497 1410 or 0776 895 4246

Audrey Williams: 0845 498 7572 or 0783 625 8225

Katharine Vickery: 0845 497 1771 or 0771 730 1767

Andrew Terry: 0845 497 4828 or 0791 911 2302

Or email: food@eversheds.com