Eastbourne Hospitality Association
Member Handbook and Rule Book
To promote and develop Eastbourne tourism
Eastbourne Hospitality Association acts to
1. Encourage the development of Eastbourne tourism and hospitality through the provision, support, sponsorship and improvement of local facilities, events, and promotions and, when appropriate, charitable causes.
2. Ensure the effective marketing and promotion of tourism and hospitality in association with Eastbourne Borough Council, Eastbourne Chamber of Commerce and Tourism South East.
3. Maintain close liaison with Eastbourne Borough Council’s Chief Executive and the Tourism & Community Services Department’s to ensure a mutual exchange of ideas.
4. Support Eastbourne’s Conference Bureau working to grow and sustain conference business and represent the interests of EHA members who are part of the scheme.
5. Be the collective voice for members and campaign for sensible strategic planning and better infrastructural support from local and central government.
6. Highlight to local and central government, businesses, the general public and the media the hospitality industry’s key contribution to the Eastbourne economy.
7. Ensure that Eastbourne’s unique character and heritage is recognised and protected through sensitive tourism management.
8. Encourage and support innovation and promote continuous improvement of industry standards.
9. Offer a range of membership meetings and social events to provide a forum to discuss and exchange experiences, network ideas and hear from key industry speakers.
10. Provide office support facilities including details on existing and forthcoming industry legislation and operate a “security emergency message system”.
1. FULL MEMBER
1.1 A Full Member shall be any proprietor or manager of a hotel, guest house, self-catering establishment, restaurant, attraction or other establishment offering facilities for hospitality within the Eastbourne district.
1.2 The Member may attend General Meetings, Special General Meetings and Annual General Meetings.
1.3 In the event that the Association shall be dissolved or wound up all of the remaining properties, monies and assets of the Association after provision has been made for the Association’s known debts and liabilities as provided by law, shall be distributed only to the then current Full Members of the Association.
2. FULL MEMBER APPLICATIONS
2.1 No individual shall be admitted to the Association without having completed and submitted to the Association’s Secretary a written application form for membership on such form as shall be required by the Association together with payment of all applicable subscriptions and charges.
2.2 All applicants for Membership shall permit an inspector, appointed by the Executive Committee, to inspect the applicant’s premises for the purpose of preparing and submitting a report to the Executive Committee.
2.3 The Application form, along with any subsequent report will be considered by the Executive Committee who may in their sole discretion approve or reject the application.
2.4 In the event that the applicant is successful they will be entitled to all privileges of membership within 10 working days of receipt of formal approval from the Executive Committee.
2.5. In the event that the applicant is unsuccessful the applicant shall not be entitled to reapply for 12 months from the date of the application.
3. FULL MEMBER VOTING RIGHTS
3.1 Full Members (or the Associate Member in the Full Member’s absence) shall have one vote.
3.2 Voting may be by show of hands or ballot where applicable.
4. ASSOCIATE MEMBER
4.1 An Associate Member shall be any partner, member of management or administrative staff of a Member, directly concerned with the operation of the establishment.
5. ASSOCIATE MEMBER VOTING RIGHTS
5.1 The Associate Member shall only have voting rights in the absence of the Member at meetings
6. ASSOCIATE MEMBER APPLICATIONS
6.1 No individual shall be admitted to the Association without having completed and submitted to the Associations Secretary a written Application Form for membership on such form as shall be required by the Association together with payment of all applicable subscriptions and charges.
6.2 The Application Form, along with any subsequent report will be considered by the Chairman and in his absence the Vice Chairman who may in their sole discretion approve the application.
7. SOCIAL MEMBER
7.1 A Social Member shall be any retired member wishing to retain an interest in the affairs of the Association.
7.2 The Social Member may attend Annual General Meetings, General Meetings and Social functions, and may sit on the Social and/or Entertainment Committees.
8. SOCIAL MEMBER VOTING RIGHTS
8.1 The Social Member shall have no voting rights.
9. SOCIAL MEMBER APPLICATIONS
9.1 No individual shall be admitted to the Association without having completed and submitted to the Associations Secretary a written Application Form for membership on such form as shall be required by the Association together with payment of all applicable subscriptions and charges.
9.2 The Application Form, along with any subsequent report will be considered by the Chairman and in his absence the Vice Chairman who may in their sole discretion approve the application.
10. TRADE MEMBER
10.1 A Trade Member shall be any supplier of products or services to the hospitality industry.
10.2 The Trade Member may attend Annual General Meetings, General Meetings and Social Functions, will receive a list of current members, may give demonstrations and exhibitions, and may sit on Sub-Committees at the invitation of the Chairman.
11. TRADE MEMBER VOTING RIGHTS
11.1 The Trade Member shall have no voting rights.
12. TRADE MEMBER APPLICATIONS
12.1 No individual or organisation shall be admitted to the Association without having completed and submitted to the Associations Secretary a written Application Form for membership on such form as shall be required by the Association together with payment of all applicable subscriptions and charges.
12.2 The Application Form, along with any subsequent report will be considered by the Chairman and in his absence the Vice Chairman who may in their sole discretion approve the application.
13. HONORARY MEMBER
13.1 An Honorary Member shall be any person whom the Executive Committee considers merits recognition for outstanding services rendered to the hospitality industry.
13.2 The Honorary Member shall pay no subscription, and shall be entitled to the privileges of a Social member.
13.3 The Honorary Member shall have no voting rights.
The Trustees shall be elected at a Special or Annual General Meeting of the Association and shall hold office until death or resignation, unless removed by a resolution passed at a Special or Annual General Meeting of the Association.
15. VOLUNTARY TERMINATION
15.1 Any member may resign from the Association at any time upon notice to the Secretary in writing.
15.2 Any subscriptions or other payments due or payable in relation to the period of the membership term in which such resignation shall occur shall remain payable by the member notwithstanding such resignation and no refunds of subscriptions or other payments shall be paid to any resigning Member.
16. INVOLUNTARY TERMINATION
16.1 Membership of the Association may be terminated:
(i) without reference to the Executive Committee for non payment of any subscriptions or other payments due to the Association;
(ii) by decision of the Executive Committee in relation to the violation of any rules or regulations established by the Association including any quality standards required by the Association;
(iii) upon determination by the Executive Committee for conduct detrimental to the purposes and aims of the Association;
16.2 Where action by the Executive Committee in connection with an involuntary
termination is required, such membership shall be terminated upon a two-thirds (2/3rds) vote of all of the members of the Executive Committee after notice and hearing as provided by law.
16.3 Any subscriptions or payments due or payable during the membership term in which such termination shall occur shall be payable and an obligation of the member notwithstanding such termination and no refunds of subscription or other payments shall be paid to any member whose membership is terminated hereunder.
16.4 If grounds appear to exist for the involuntary termination of a member’s membership in the Association the procedure set forth below shall be followed:
(i) The member shall be given fifteen (15) days’ prior notice of the proposed termination and the reasons for the proposed termination. Notice shall be given by any method reasonably calculated to provide actual notice. Any notice given by mail shall be sent by first class or registered mail to the member’s last address as shown on the Association’s records;
(ii) The member shall be given an opportunity to be heard, either orally or in writing, and shall be given the opportunity to present supporting evidence to the Executive Committee, either orally or in writing, at least five (5) days before the effective date of the proposed action. The hearing shall be held, or the written statement considered, by the Executive Committee or the person or committee authorised to determine whether the termination should take place. The decision of the Executive Committee or, if applicable, such person or committee shall be final;
(iii) Any judicial or administrative action challenging a termination of membership, including a claim alleging defective notice, must be commenced within three (3) months after the effective date of the termination;
16.5 Any member who terminates membership in the Association or whose membership is terminated shall
(i) immediately forfeit and relinquish all benefits of, or interests in, the Association,
(ii) cease any use of the name, logo or mark of the Association in or on all signs, literature, stationery, advertising, marketing and materials as soon as practical but no later than within three (3) calendar months from the date of such termination, and
(iii) immediately cease holding itself out as a member of the Association.
17. COMPLAINTS PROCEDURES
17.1 All Members shall agree to abide by the EHA’s Complaint’s Procedures as outlined in the Complaints Procedure Book.
17.2 The EHA Complaints Procedure Book is available to Members on request.
17.3 The Complaint procedure Rules can be amended by a majority of the Executive Committee at any time without notice.
18. OFFICERS and COMMITTEES
18.1 Principal Officers
Patron Serving by annual invitation
President Serving by annual invitation
Usually past Vice President or a senior Principal Officer.
Serving for 2 years
Vice-President Immediate past Chairman to serve for 2 years
Chairman Promoted from 1st Vice Chairman to serve for 2 years before succeeding to Vice President
1st Vice Chairman Promoted from 2nd Vice Chairman to serve for 2 years before succeeding to Chairman
2nd Vice Chairman Elected at the AGM to serve for 2 years before succeeding to 1st Vice Chairman
Honorary Treasurer Elected at the AGM
The position to be reviewed every 2 years
18.2 Terms of office for Principle Officers ensure:
18.2.1 All Chairs shall have a minimum of 4 years experience at Executive level before taking office. All Presidents shall have 8 years experience within the EHA.
18.2.2 The Chairman of the Association shall be a Full Member.
18.2.3 Annually the Executive Committee must ratify each non-elected position that year.
18.2.4 Should the Executive Committee decide not to ratify a non-elected position the Executive Committee shall in its sole discretion appoint a replacement within 3 months of the appointment.
18.3 Executive Committee
This shall consist of 15 members as listed below under Sub-Committees, and all Principal Officers. The Committee shall have responsibility for the management of the Association. Subcommittees shall consist of:
a) Under 21 Bedroom Group
7 Members, with up to 4 sitting on the Executive
b) 21-75 Bedroom Group
7 Members, up to 3 sitting on the Executive
c) Over 75 Bedroom Group
4 Members, up to 3 sitting on the Executive
d) Self-Catering Group
4 Members, with 1 sitting on the Executive
e) Attractions Group
3 Members, with 1 sitting on the Executive
f) Restaurants and Bars Group
3 Members, with 1 sitting on the Executive
g) Social Committee
3 Members, with 1 sitting on the Executive
h) Conference Bureau
2 representatives sitting on the Executive
i) Trade Representatives
3 Members with 2 sitting on the Executive
19.1 Annual General Meeting will be held not later than 30th June.
19.1.1 At least 28 days prior to the AGM the Secretary shall send to all Members and Associate Members a Notice and Agenda of the Meeting, with a copy of the accounts and balance sheet (see Rules 1.3).
19.1.2 A request for nominations for Principal Officers and Subcommittees will be sent to all Members at least six weeks before the AGM, and must be received back not less than 28 days prior to the Meeting.
19.1.3 The Members intending to stand for a position on the Executive Committee shall complete and return the Nomination Form.
19.1.4 The Executive Committee shall be elected on the basis of nominations of membership and in the event that the number of nominations exceeds the available spaces on the Executive Committee the Members shall determine the appointment by vote in accordance with clause 18.1.5 at an AGM.
19.1.5 Those Members entitled to vote shall vote by ballot for all contested categories.
19.1.6 In the event of there not being sufficient nominees to fill a Committee at the AGM, or there being a vacancy at any other time, the Executive Committee will collectively seek to fill these posts at the next meeting.
20. SPECIAL GENERAL MEETING may be called by the Executive Committee, or must be called within one calendar month of receiving a written request of at lest twenty Members, by giving not less than fourteen days notice of the agenda to each Member and Associate Member.
21. GENERAL MEETINGS will be held at regular intervals with the exception of June, July and August. Members, Associate Members, Social Members, Trade Members and Honorary Members are entitled to attend, and must sign the attendance sheet.
22. EXECUTIVE COMMITTEE MEETINGS will be held at least once a month, requiring a quorum of six Members. A Special Executive Meeting may be called by the Executive, or must be called within seven days of receiving written request of at least four Committee Members, by giving not less than 48 hours notice of the agenda to each Executive Committee Member.
23. SUBCOMMITTEES shall hold their first meeting at the instruction of the Association Secretary. At that meeting they shall elect a Chairman and Vice-Chairman from among their Executive Committee representatives, and elect a Secretary and Treasurer (if required).
23.1 The Minutes of the meeting shall be passed to the Association Secretary for approval by the Executive Committee.
23.2 Subsequent meetings shall be held as each Committee may decide, or on the request of the Association Secretary.
24. Chairmen shall have a casting vote and shall sign the Minutes at the next meeting.
1. FINANCE The Association financial year runs from 1st January to 31st December.
1.1.1 Subscriptions are due for renewal on the 1st January and are payable without demand. Members shall only be entitled to the privileges of Membership on receipt of the subscription which should be paid by standing order to account number ………………… sort code ……………………
1.1.2 Proposed increases in subscriptions above the annual rate of inflation will be submitted by the Executive Committee to the Membership at a Special General Meeting called for that purpose.
1.1.3 Subscriptions unpaid six weeks after the due date will result in the Member being removed from the membership list. Subsequently a late payment fee will be added to their subscription if they rejoin the Association. Late payment fees will be at the discretion of the Executive Committee who will set the amount payable.
1.2.1 Revenue from subscriptions and other sources, such as holiday insurance commissions, shall be used by the Association to defray its expenses, any surplus being invested for the benefit of the Association, as the Executive Committee may decide.
1.2.2 All money payable to the Association shall be received by the EHA Secretarial Staff and deposited in a bank account in the name of the Association. No sum shall be drawn from that account except by a cheque signed by any two of the Principal Officers. Any monies not required for immediate use may be invested as the Executive Committee deems fit.
1.2.3 The income and property of the Association shall be applied only in the furtherance of the objectives of the Association. The Executive committee shall have the power to authorise the payment of remuneration and expenses to any Officers, Member of employee of the Association and to any other person or persons for services rendered to he Association. No part of the income and property of the Association shall be paid by way of bonus dividend or profit to any Member of the Association.
1.2.4 The financial transactions of the Association shall be recorded in a proper set of books kept by the Secretary.
1.3.1 Accounts The Association Honorary Treasurer shall present a financial spreadsheet and summary financial statement to each meeting of the Executive Committee. This shall include Trustees expenses.
1.3.2 Annually the accounts of the Association will be prepared by an independent accountant for presentation to, and approval by, the Annual General Meeting.
1.4.1 Property The property of the Association, other than cash at the bank, shall be vested in not more than 4 Trustees. They shall deal with the property as directed by resolution of the Executive Committee, and entry in the Minute Book shall be conclusive evidence of such a resolution.
1.4.2 The Trustees shall be elected at a Special or Annual General Meeting of the Association and shall hold office until death or resignation, unless removed by a resolution passed at a Special or Annual General Meeting of the Association.
1.4.3 The Trustees shall be entitled to an indemnity out of the property of the Association for all expenses and other liabilities properly incurred by them in the discharge of their duties.
1.5.1 Borrowing The Executive Committee may borrow money on behalf of the Association for the purposes of the Association from time to time at its own discretion, or with the sanction of a Special or Annual General Meeting for any other expenditure, addition or improvement.
1.5.2 When so borrowing the Executive Committee shall have the power to raise in any way any sum or sums of money in such manner or in such terms and conditions as they think fit, and in particular by mortgage of or charged upon or by the issues of debentures charged upon or any part of the property of the Association.
1.5.3 The Executive Committee shall have the power to pledge the personal liability of any Member of the Association for the repayment of any sums so borrowed.
1.5.4 The Trustees shall, at the discretion of the Executive Committee, make such dispositions of the Association’s property, or any part thereof, and enter into and execute such Agreements and instruments in the relation thereto as the Executive Committee may deem proper for giving security for such monies and the interest payable thereon. All activity in relation to the disposition of the Associations property shall be reported to the Executive Committee as soon as practicable.
2.1.1 Quality Standards of accommodation, catering and attraction establishments are laid down from time to time by Eastbourne Borough Council and Eastbourne Hospitality Association.
2.1.2 Establishments currently holding at least 2 Star (Guest Accommodation) or 2 Star (Hotels) with the AA or Visit Britain (or ratings as agreed by EHA ad Eastbourne Borough Council.) will be deemed to meet the required Quality Standards.
2.1.3 Establishments without these awards will be inspected, on initial application, to comply with the above Quality Standards, by the Eastbourne Accommodation Inspector. Applicants should ensure their premises comply with the standards before making application for membership to avoid a further inspection charge.
2.1.4 Inspections of all members’ premises shall be made annually by an accommodation inspector appointed by the Executive Committee.
2.1.5 It is further a condition of membership that the Establishment has throughout the term of its membership of the Association a Food Hygiene rating of 3 or above (if applicable to the its business). In the event that the Establishment receives a rating of below that number, the Establishment shall need to apply in 30 days to the Local Authority for a further visit to improve that score. Whilst awaiting that second visit the Establishment may stay as a Member of the Association. If, however, following the further visit the establishment still receives a score below “3” its membership to the Association shall cease and an application to re-join shall not be entertained until the Establishment has attained a rating of 3 or above.”
2.2 Secretarial services will be carried out by person or persons appointed by the Executive Committee at an agreed fee.
2.3 Solicitors will be elected at the Annual General Meeting to advise on legal matters affecting the Association. Members consulting the Solicitor will incur their own charges.
2.4 Offices The Association offices will be at Kestrel House, Marine Road, Eastbourne,
or as the Executive Committee may from time to time decide.
2.5 Dissolution A resolution to dissolve the Association shall only be proposed at a Special General Meeting and shall only be carried by a majority of at least three-quarters of the Members present
2.5.2 The dissolution shall take effect from the date of the resolution and Members of the Executive Committee shall be responsible for the winding up of the assets and liabilities of the Association
2.5.3 Any property remaining after the discharge of the debts and liabilities of the Association shall be divided equally among the Members of the Association at the date of the dissolution.
2.6 Alteration of Rules may be transacted at a Special or Annual General Meeting, provided the resolution is carried by at least two-thirds of the Members voting.
2.7 Circulation of Handbook Each member shall receive a copy of this Handbook, including the Rules therein, on joining the Association, and alterations to Rules within three months of the alteration. The latter will be sent to the Member’s last known postal or email address.
2.8 Members Details Each member shall provide the Association with a current residential postal address, telephone number and, where appropriate , a current email address, as soon as practicable following any change in the members details.
2.9 Interpretation of Rules shall be decided by the Executive Committee whose decisions on disputes and complaints shall be final and binding on the members. Any question of interpretation or any matter not provided in the Rules shall be determined by the Executive Committee whose decision shall be final and binding on the members.
THE EASTBOURNE HOSPITALITY
One of the objectives of the Association is to maintain and improve the standard of accommodation in Eastbourne to ensure that Eastbourne continues to be a popular tourist (and increasingly business) destination. To that end the Association has formalised its complaints procedure so as to provide transparency for its members and the general public.
The Association means the Eastbourne Hospitality Association (EHA)
The Association Executive means the Executive Committee of the EHA
EHA Offices means Kestrel House, Marine Road, Eastbourne
1a. These Rules prescribe the manner in which all complaints made by the general public about the conduct and/or quality of services provided by members shall proceed. In these Rules the expression “Members” or “Member” shall mean members who provide accommodation services and does not include trade members or associate members.
1b. Any reference to the masculine gender includes the feminine and the neuter, and any reference to the singular includes the plural, and each case vice versa.
Power for dealing with complaints
2. The Association Executive, any Association Member, and the Tourism Department of the Eastbourne Borough Council shall have the power to raise complaints about the conduct and/or quality of services provided by Members. Save as otherwise provided for by these Rules, such complaints are to follow the same procedure as if a complaint was received from a member of the public.
Procedure for dealing with complaints
3. A complaint will only be investigated if it is received in written form. If a letter is received by the Association by anybody wishing to make a complaint (“the complainant”) about the conduct and/or quality of services provided by a member it must;
(i) contain the name and address of the person making the complaint.
(ii) contain a declaration confirming that they agree to allow their details to be revealed to the member about whom they are complaining.
(iii) refer to conduct that occurred within the previous 28 days from date of receipt.
If a letter does not contain the information in (i), (ii) then the complainant will be asked to complete a standard complaint form by the Association or Eastbourne Borough Council (EBC) (if is received by them) (appendix Z).
4. If the complainant does not provide the information required in 3(i) or (ii) in the letter or on the standard complaint form then the complaint cannot be pursued and will be summarily dismissed
5. If the complaint falls within 3(iii) it will be summarily dismissed.
6. If a complaint is received by EBC, and it conforms with paragraph 3 above, and they decide that it is a matter for the Association to investigate (rather than a different department of the Council – such as Environmental Health) they shall pass on the written complaint within 48 hours of receipt or as soon as is reasonably practicable.
7. On receipt of a complaint with conforms with paragraph 3 above either direct or via EBC pursuant to paragraph 5 above, the Association Secretary shall write to the complainant acknowledging receipt of the complaint with 48 hours of receipt of as soon as is reasonably practicable.
8. Any complaint shall be referred to and considered by the DHA/EBC Accommodation Inspector (“The Inspector”) who will investigate the complaint. The Inspector’s powers in relation to a complaint so considered by him shall be those set out in paragraphs 10 to 25 below.
The Inspector – appointment and conduct
9. The Inspector shall:
(i) be jointly appointed by the EHA and EBC
(ii) be a self employed person with experience in the hospitality industry and have extensive knowledge of the AA/Visit Britain Standards and apply those standards
(iii) be tasked on a case by case basis to carry out inspections of premises and to investigate complaints pursuant to these rules.
(iv) be appointed for an indefinite term to carry out the role of inspector save that the EHA Executive has the power to dispense of his services and appoint a new inspector pursuant to his terms of appointment as the need arises.
(v) be fully acquainted with health and safety and fire regulations applicable to the hospitality industry.
(vi) be fully acquainted with any requirements laid down by the EHA or EBC for accommodation providers pursuant to the accommodation charter and apply those requirements.
carry out his duties fairly and apply the laws of natural justice to any adjudication and decision.
carry out his duties without any bias or prejudice in any way.
Be accountable to the Association Executive, EBC Tourism Department and the Complaints Appeal Panel (“CAP”)
The Inspector’s powers – general
10. The powers of the Inspector shall be as set out in these Rules, and shall include the power:
to refer the complaint direct to the Member to investigate and deal with the complaint if appropriate;
to consider whether complaints are apt for consideration by another body such as the AA, Visit Britain, Trading Standards, Environmental Health etc. If the Inspector considers that reference should be made to such a body, he may continue to deal with the complaint and not wait for any finding by any other body or he can adjourn his investigation pending their decision;
to summarily dismiss a complaint if it raises no prima facie case of complaint;
to direct that a Member in respect of whom there is no prima facie case apologise to the complainant or be advised or be warned about his conduct or provision of service.
To consider complaints and to making findings of fact in relation to them;
To dismiss the complaint if after investigation the Inspector finds against the complainant;
To uphold the complaint if after investigation the inspector finds against the member and impose any of the following sanctions against the Member;
direct the member to apologise in writing to the complainant and/or
advise the member of any appropriate remedial action by a certain date or immediately and/or;
fine the member and/or;
order costs of his investigation to be paid by the member and/or
order a re-inspection of the accommodation (which must be paid for by the member) and/or;
make a recommendation to the Association Executive that the member be suspended or expelled from the EHA.
11. The Inspector’s decision under paragraphs (a) – (c) inclusive is final and no party shall have the right to appeal against it.
12. In the exercise of any of these powers the Inspector must give written reasons for his decisions.
Reference to the Member
13. If the Inspector decides in accordance with these Rules to refer a complaint direct to the member to deal with first he will;
send any information held by him relating to the complaint to the Member who will ensure that the complaint is investigated
inform the complainant that this has been done and inform the complainant of the complainant’s rights under paragraphs 15 and 16 below.
14. When deciding whether to refer a complaint in accordance with paragraph 13 above, the Inspector shall take into account all the circumstances, including:
(a) the seriousness of the complaint;
(b) the complexity of the complaint;
(c) the relationship (if any) between the complainant and the member;
(d) any other factor relevant to the issue of whether it is appropriate and potentially effective to refer the complaint to the Member.
15. Where a complainant is dissatisfied with the outcome of an investigation by the Member, the complainant shall be entitled to inform the Inspector of this within 14 days of the date of the conclusion of the Members’ investigation, stating in writing why he is so dissatisfied.
16. If the Member fails to deal with the complaint with 28 days from the date of referral, and no reasonable explanation has been given to the complainant for the delay, the complainant may inform the Inspector of this.
(a) the Inspector considers that progress made by the Member in considering the complaint is unsatisfactory; or
(b) the complainant informs the Inspector that he is dissatisfied with the outcome of the Members’ investigation, in accordance with paragraph 15 above
then the Inspector shall consider the complaint in accordance with these Rules.
Investigating the Complaint
18. When investigating the complaint the Inspector has the power to:
talk to and gather evidence in any form from any person (including the Member) who may be relevant to the investigation;
ask the Member or any relevant witness to attend at the EHA Offices to obtain their version of events;
attend and inspect, without notice, the member’s premises;
take photographs during the inspection;
take samples for analysis during the inspection;
request any other reasonable task of any person in furtherance of his investigation;
consider all the circumstances and anything relevant, including past complaints (whether proven or not proven) and any other relevant information to reach his decision.
19. Before reaching his decision, the Inspector must give the Member an opportunity to deal with any of the material he has gathered during the course of his investigation. The Inspector has the power to request that this be done in person or in writing.
20. If the Member is required at any stage to attend a meeting with the Inspector, they shall be permitted to bring one observer with them.
21. If the Member chooses to bring an observer to any meeting then, unless they are specifically addressed, they must observe only.
22. The Inspector may also choose to bring an observer along to any such meeting.
23. If during the course of the investigation the Member accepts the complaint made by the complainant, then the complaint shall be upheld and the Member invited to make representations to the Inspector as to what powers he should exercise under paragraphs 10 (g)(i-vi).
24. In order to find a complaint upheld the Inspector must be satisfied to the civil standard of proof (namely that the complaint is more likely than not founded).
Notice of the Inspector’s decision
25. The Inspector must give written reasons of his decision to;
(a) the Member
(b) the Complainant
(c) the EHA Executive
(d) the EBC Tourism Department (if a complaint had been referred through them)
(e) the AA or Visit Britain if the Member is also a member of those associations but only if the AA or Visit Britain ask for his written reasons.
Powers of the EHA Executive following a recommendation by the Inspector that a Member be suspended or expelled
26. In order to exercise the power of suspension or expulsion it must take place at a meeting of the EHA Executive.
27. There must be at least 7 members of the Association Executive present at the meeting referred to in paragraph 26 above. One of whom must be the chairman of the EHA and a representative from the Member’s group (e.g self catering).
28. The Inspector shall provide a written report to the committee of his findings along with any supporting evidence as well as an explanation as to why the inspector recommends a suspension or expulsion from the EHA. Such a report must also include a précis of what the Member has said during the course of the investigation.
29. The Member has the right to:
see the Inspector’s written report before it is submitted to the Executive Committee;
(b) be told at least 14 days before the date, when the meeting will be held.
30. The Member has the right to either prepare a written response to the Inspector’s Report or to attend the meeting of the Association Executive and made a maximum 10 minute presentation to the Association Executive.
31. If the Member exercises his right to attend the Association Executive meeting, he may be asked any question by any executive member at the meeting.
32. If the Member has appealed the decision of the Inspector, then the Association Executive cannot consider the recommendation for suspension or expulsion until the appeal has been dealt with.
33. In considering the recommendation the Association Executive must consider all the material before it. Once considered, the Association Executive may do any of the following:
(i) adjourn for further information from the Inspector following any new matters raised by the Member during his written representations or oral presentation;
follow the recommendation of the Inspector and suspend the Member for a certain period or expel the Member from the association;
not follow the recommendation of the Inspector and instead deal with the complaint in any of the ways listed in paragraphs 10 (g) (i) – (vi) above.
34. If the Association Executive decides to adjourn for further information pursuant to paragraph 32(i) above they must in writing explain to the Member why they have adjourned and indicate a date upon which they will reconvene to consider the recommendation again. The same members of the Association Executive must be present at any re-convened meeting.
35. In order to reach a decision under paragraph 32(ii) above at least 75% of the Association Executive must agree.
36. In order to reach a decision under paragraphs 32 (i) or (iii) above at least 50% of the Association Executive must agree.
37. When reaching any decision under Paragraph 32 the Association Executive must give written reasons and provide those reasons to the Member within 48 hours of the meeting.
Repercussions of Suspension or expulsion
38. If a Member is suspended pursuant to paragraph 32(ii) it shall be for any period the Executive Committee deems appropriate. Following that period the Member’s membership is reinstated or if it has in the meantime expired the Member can re-join the EHA under the usual terms of payment and inspection.
39. If a Member is expelled from the EHA they may not re-apply to join the EHA for a period of 24 months.
Appeal Rights – the Complainant
40. The Complainant does not have any rights of appeal under these Rules.
Appeal Rights – the Member
41. The Member has the right to appeal against the Inspector’s decisions made pursuant to paragraphs 10(d), 10(e) and 10(g) above. This appeal can be in respect of any findings the inspector has made and/or the sanction that the Inspector has imposed.
42. The Member has the right to appeal against the Association Executive’s decisions made pursuant to paragraph 32 above.
43. The Member must give Notice of Appeal to the EHA in writing within 7 days of receiving any written decisions by completing the Appeal Form at Annex B.
The Appeal Notice
44. The Appeal Notice must clearly indicate what findings the Member is appealing against and give an explanation as to why they are so appealing.
45. On receipt of the Appeal Notice the EHA will:
(i) suspend any sanctions;
notify the complainant that an appeal has been lodged and that they will be notified of the outcome;
forward a copy of the Appeal Notice to the Inspector;
forward a copy of the Appeal Notice to the EBC (if the complaint was initially referred through them);
forward a copy to the AA/Visit Britain if they have already requested a copy of the Inspector’s Findings;
arrange for a convenient appeal date to all parties indicating a time estimate of how long the appeal will take.
The Complaints Appeal Panel – Structure and Powers
46. The Appeal will be heard by the Complaints Appeals Panel (“CAP”) which will be made up of:
A Vice-Chairman of the EHA
An Executive Member of the EHA
The Accommodation Manager (or an EBC Deputy) of the EBC
2 Ordinary members of the EHA
47. The Vice-Chairman of the EHA will be the appointed chair of the CAP.
48. It is imperative that there is no conflict of interest between any Panel member and the Member, either personal or professional. If there is a conflict of interest they must declare so and must not sit on the CAP when deciding that Member’s appeal. In the case of a Vice-Chairman of the EHA or the Executive Member of the EHA they shall be replaced in the former case by the other Vice-Chairman, President or Vice-President of the Association. In the case of the Executive Member – another member of the Association Executive. In the case of the Accommodation Manager – another member of the Tourism Department of the EBC. In the case of an ordinary member of the EHA – another ordinary member of the EHA.
49. Furthermore, if the appeal is wholly or partly in relation to a decision taken by the Association Executive under paragraph 32 above then the panel cannot be made up of members who were party to that decision.
The Appeal and Appeal Hearing
50. The CAP will review the decision of the Inspector and have the same powers as that of the Inspector pursuant to these rules.
51. The CAP will review all of the evidence that was in the possession of the Inspector when he made his decision.
52. The CAP may consider new evidence presented by any party.
53. There will be a hearing which will be informal in nature. The procedure to be followed is one for the CAP to decide.
54. The Inspector will be asked to outline the nature of the complaint, the evidence he considered and outline his decision and the reasons for them.
55. The Member will have an opportunity to call any additional evidence, with leave of the CAP, and to make oral representations.
56. The appeal will follow the rules of Natural Justice and, within reason, allow all parties to say or present anything they believe relevant.
57. As the appeal is by way of “re-hearing” the same standard of proof referred to in paragraph 24 above applies.
The CAP’s decision and powers
58. The CAP may:
(i) allow the appeal and dismiss the complaint or;
(ii) dismiss the appeal and uphold the complaint as found by the Inspector or;
(iii) dismiss the appeal and uphold the complaint on different grounds to the Inspector.
59. In the event of dismissing the appeal, the CAP must order that the costs of the appeal be paid by the Member. The costs will include as a minimum the costs of the Inspector and the attendance of any members of the CAP.
60. In the event of dismissing the appeal, the CAP has the power to re-visit the sanction imposed by the Inspector afresh and impose any sanction the Inspector could have.
61. In the event that the CAP decides that the Member should be suspended or expelled from the Association when this was not recommended by the Inspector, the CAP has the power to carry out that sanction without referring the case to the Association Executive.
62. When exercising its powers under paragraphs 57 – 59 above the decision must be one where at least 3 members of the CAP agree.
63. When exercising its powers under paragraph 60 above the decision must be one where all members of the CAP agree.
64. The decisions of the CAP pursuant to paragraphs 57 – 60 are final.
65. The CAP must give written reasons of its decisions to;
the EHA Executive;
the EBC Tourism Department (if a complaint had been referred through them);
the AA or Visit Britain if the Member is also a member of those associations but only if the AA or Visit Britain have already been informed of the appeal.
Non compliance of sanctions
66. If a complaint has;
been upheld by the Inspector or
(b) been upheld by the CAP following an appeal
and sanctions listed in paragraph 10(d) or (g)(i) – (v) have been imposed but not complied with by the time specified or in any event within 28 days then the Member shall be suspended from the EHA until they have been complied with.
Multiple Ownership of Properties
67. In the event that a Member has an interest in more than one property, the Inspector, EBC, EHA and CAP may exercise their powers in relation to any of the properties so linked to the Member even if the property is not the subject matter of the complaint.