Allotments 4 All

Allotment Stuff => Allotment Movement => Topic started by: BockingBill on February 02, 2011, 10:52:43

Title: Public Liability Insurance
Post by: BockingBill on February 02, 2011, 10:52:43
Not too sure on which way to go on this one and as such we seeking advice.

We are a newly created allotment society who operate on land owned by a large company.

Legally, is it down to us to arrange this insurance or is it down to the company?

Many thanks for any advice
Title: Re: Public Liability Insurance
Post by: saddad on February 02, 2011, 11:54:17
Have you asked them?
NSALG membership gives you a good deal on PLI...  :-X
Title: Re: Public Liability Insurance
Post by: BockingBill on February 02, 2011, 12:02:27
Have you asked them?
NSALG membership gives you a good deal on PLI...  :-X

Thanks for the quick reply. We are also asking the company today Saddad but I thought that it might be a good idea to sound out people on this board for an unbiased opinion. We have received a quote from NSALG and as you say it is a reasonable deal. However, if it isn't our responsibility then I don't particularly want to pay.
Title: Re: Public Liability Insurance
Post by: Unwashed on February 02, 2011, 12:02:52
Occupier's Liability Act 1957 and 1984 says that the occupier owes the duty of care, so if the society is leasing the site then that almost certainly makes the society the occupier, though if you are managing the site under licence and the plot tenants' landlord is actually the company it's not so clear, but it's probably still you, though it would depend on the licence.
Title: Re: Public Liability Insurance
Post by: BockingBill on February 02, 2011, 12:04:46
Occupier's Liability Act 1984 says that the occupier owes the duty of care, so if the society is leasing the site then that almost certainly makes the society the occupier, though if you are managing the site under licence and the plot tenants' landlord is actually the company it's not so clear, but it's probably still you, though it would depend on the licence.

Thanks Unwashed.
Title: Re: Public Liability Insurance
Post by: Trevor_D on February 02, 2011, 13:19:53
Agree. As far as I'm concerned, it's an essential - and not that expensive through NASLG - so get it for yourselves and at least you know you've got it.

And if you do anything as a Society outside the site - plant sales, school fairs, even a publicity event - then you'll need it. (And the organisers should ask to see a certificate and may need it displayed.)

And we've got employer's liability as well, to cover working parties and other communal activities. If you're on a new site, there'll be plenty of that, so get cover for it.
Title: Re: Public Liability Insurance
Post by: tonybloke on February 02, 2011, 17:47:14
Agree. As far as I'm concerned, it's an essential - and not that expensive through NASLG - so get it for yourselves and at least you know you've got it.

And if you do anything as a Society outside the site - plant sales, school fairs, even a publicity event - then you'll need it. (And the organisers should ask to see a certificate and may need it displayed.)

And we've got employer's liability as well, to cover working parties and other communal activities. If you're on a new site, there'll be plenty of that, so get cover for it.


good post, and I agree about the employers liability as well
our association has both
Title: Re: Public Liability Insurance
Post by: BockingBill on March 03, 2011, 11:01:15
Thanks for all of the sound advice.
Title: Re: Public Liability Insurance
Post by: chriscross1966 on March 03, 2011, 11:12:53
If you're ever doing demonstrations of gardening equipment off site then the Vintage Horticultural and Garden Machinery membership includes PLI providing they follow BAVCC code of practice....
Title: Re: Public Liability Insurance
Post by: ceres on March 19, 2011, 16:30:57
Senex has had a heads up about Dan's policy.
Title: Re: Public Liability Insurance
Post by: manicscousers on March 19, 2011, 17:49:53
we've just taken ours out with NSALG, 76.50 for 5,000,000 public and product liability, just in case the club's isn't any good  ;D
Title: Re: Public Liability Insurance
Post by: Unwashed on March 20, 2011, 19:04:27
Senex has had a heads up about Dan's policy.
Thank you Ceres.  My appologies for any offence Senex. :)
Title: Re: Public Liability Insurance
Post by: BockingBill on April 06, 2011, 16:49:49
Should we be putting a copy of the certificate on show on the notice board at the allotment?
Title: Re: Public Liability Insurance
Post by: manicscousers on April 06, 2011, 17:35:18
we have  ;D
Title: Re: Public Liability Insurance
Post by: Unwashed on April 06, 2011, 19:56:04
There's no requirement to do it, but I can't see it would do any harm.
Title: Re: Public Liability Insurance
Post by: tonybloke on April 06, 2011, 22:53:14
there is a requirement!
certificates of insurance must be displayed at all premises ( sites) where the insured carries out its business. ;)
Title: Re: Public Liability Insurance
Post by: Unwashed on April 07, 2011, 06:12:55
there is a requirement!
certificates of insurance must be displayed at all premises ( sites) where the insured carries out its business. ;)
Isn't that for emloyer's liability insurance?  I can't see that an allotment society is a business is it?
Title: Re: Public Liability Insurance
Post by: Trevor_D on April 07, 2011, 07:17:50
A copy of the employers liability insurance must be displayed at the premises insured - nothing to do whether you're a business or not.

And if you take part in any activity off the premises - plant sales at school fetes, for example - a copy of the public liability insurance must be displayed (and given to the organiser).
Title: Re: Public Liability Insurance
Post by: pumkinlover on April 07, 2011, 07:47:05
Thanks A4A members yet again- I did not know that- so it will be up by the end of the day! ;)
Title: Re: Public Liability Insurance
Post by: BockingBill on April 07, 2011, 09:18:28
Many thanks for the answers
Title: Re: Public Liability Insurance
Post by: Unwashed on April 07, 2011, 22:56:13
A copy of the employers liability insurance must be displayed at the premises insured - nothing to do whether you're a business or not.
Yes, I agree. The requirement to display the employer's liability insurance comes from the Employers’ Liability (Compulsory Insurance) Act 1969 so it's not a question of whether you're a business but whether you're an employer.  However, allotment societies will often have employer's liability insurance for their volunteers, and volunteers aren't employees so there'll be no requirement as such to display the certificate.

And if you take part in any activity off the premises - plant sales at school fetes, for example - a copy of the public liability insurance must be displayed (and given to the organiser).
I'm not familiar with this.  Where does the requirement come from?  Is there an actual requirement to insure these kinds of events?
Title: Re: Public Liability Insurance
Post by: grawrc on April 07, 2011, 23:05:47
Senex has had a heads up about Dan's policy.
Thank you Ceres.  My appologies for any offence Senex. :)
Haven't a clue what your or Ceres' posts mean?
Title: Re: Public Liability Insurance
Post by: grawrc on April 07, 2011, 23:10:12
I'm no longer on the committee so not responsible for this, also Scottish law could foreseeably be totally different, however I am pretty sure my site has no public liability insurance. Any thoughts?
Title: Re: Public Liability Insurance
Post by: pumkinlover on April 08, 2011, 07:02:59
Most sites now do get public liability insurance.
Its a safe guard for everyone particularly the committee and trustees.
Of course Scottish law may differ :-\
I've heard that Council managed sites sometimes have insurance provided by the council, but if you are self managed it's much better to have the insurance.
Title: Re: Public Liability Insurance
Post by: tonybloke on April 08, 2011, 09:42:05
for insurance purposes, volunteers are classed as workers, btw
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