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The Kiss Nightclub that suffered the tragic fire that cost the lives of two hundred and thirty five lives in Santa Maria in Brazil hopefully will nudge the nightclub and entertainment industry to wake up and reassess their own risk management and health and safety procedures. It is a shame that an event such as this is needed to prompt action, but if some preventable measures can be instigated as a result then this must be seen as a positive. All nightclub insurance policies will have endorsements ensuring strict risk management measures are in place, especially following surveys, which management would be foolish to ignore. Dark places, flashing lights, loud music and alcohol fuelled behaviour is a recipe for disaster and many, many places would have already been exposed to slip and trip claims on either there public liability insurance section or their employers liability insurance section. In addition, owners must ensure that there is provision on the policy for live entertainment or pyrotechnics for any claim to be honoured.
Other places of entertainment are not immune – many restaurants (especially themed restaurants) have live entertainment and little thought would be given to their restaurant insurance policy terms and conditions to see if there are exclusions. The same can be said of public houses and bars that have extended opening hours beyond midnight. All of these establishments must also consider the impact on their bar insurance or pub insurance polices of “bouncers” or door staff as there are huge public and employers liability issues attached to this area and insurers prefer that external security staff are used. If in doubt, always speak to your insurance broker.