Check-in - June 2022

We are delighted to share the June 2022 edition of Check-In, Bird & Bird's quarterly newsletter for hotel, hospitality & leisure businesses. The newsletter focuses on hot topics and legal developments impacting on various aspects of the sector around the globe. In this edition we continue to share our three regular features: Employment Corner, where Partner Alison Dixon and Associate Stephanie Creed share a summary of the latest employment law updates for hotel, hospitality & leisure businesses; Construction Columns, where Partner Andrea Chao looks into the various trends, opportunities and challenges facing the construction and development of hotels; and HMA Bites, where Matthew Vance and James Fowler explore various aspects of Hotel Management Agreements, this time focusing on powers of attorney.

We're also delighted to introduce the first in a new series of Q&As called “ A Life in the Day” where we ask people who work in hospitality to share with us their day-to-day challenges and how they deliver great service to their guests. First up we have the charismatic Miloš Srdanov, Senior General Manager of the iconic London restaurant Bentley’s Oyster Bar and Grill, who shares his personal insights with Bird & Bird’s Amelia Barling.

Please get in touch if you would like to discuss any of the issues raised in these articles, or visit our webpage for more information about Bird & Bird's Hotels, Hospitality & Leisure team.

• HMA Bites
• Employment Corner
• Construction Columns
• Industry Spotlight: "A Life in the Day"
• Corporate
• FInance
• Tax
• News & Events

HMA Bites

HMA Bites: Power of attorney

In each edition of Check-In we will take a concise look at an issue relating to hotel management agreements and provide insight, tips and advice based on our experience in practice. In this edition, we will be taking a look at power of attorney. Power of attorney is legal jargon that has entered the mainstream and most people will be familiar with it. But what exactly is a power of attorney and how does it come up in hotel management agreements?

Read the full article here

Employment Corner

Welcome to Employment Corner!

In each edition of Check-In we will explore the latest developments in Employment law and their importance to the Hotel, Hospitality & Leisure sector. In this edition, we will look at:

• Fire and rehire in the spotlight
• Deliveroo agrees terms with GMB Union
• Employment Appeal Tribunal finds refusal of request for flexible working was sex discrimination
• Extension of ban on exclusivity clauses in employment contracts

Read the full article here

Construction Columns

Construction Columns: Improving sustainability in hotel and leisure assets

In each edition of Check-In, we will touch upon a range of construction-related topics to help improve the success of your construction projects. This time, we will look at improving sustainability for hotel and leisure assets.

The use of ‘responsible’ building materials is relatively new. We see that employers, contractors and suppliers are actively working on a range of solutions. Just as the hotel and leisure market is picking up again after the Covid-19 waves, we are seeing that such solutions are currently under pressure as in the short term, they tend to come at a cost. This does not mean that owners and operators should lower their ambitions. To the contrary: now more than ever such environmentally friendly solutions are becoming the better choice to reduce costs and increase profit not only on a long term but also in the shorter term.

Read the full interview here

Industry Spotlight: "A Life in the Day"

A Life in the Day: Miloš Srdanov, Senior General Manager of Bentley’s Oyster Bar and Grill

Miloš Srdanov, Senior General Manager of Bentley’s Oyster Bar and Grill, shares with Amelia Barling of Bird & Bird his experience of 25 years of working in the hospitality sector, as well as his musings on a typical day for him at the restaurant and some general comments on the challenges and opportunities facing the hospitality sector today.

Miloš’ career in hospitality started when, as a schoolboy in the former Yugoslavia, he learnt from his mother how to cook the traditional dishes of his homeland. After completing military service he went on to train at the prestigious Institut Paul Bocuse in Lyon and completed further studies in Belgrade. Having decided that his skill set was better equipped to front-of-house work rather than cooking, Miloš spent nine formative years working for Sofitel, part of the Accor group. Since 2009, he has been working in London and this has led to his current role at Bentley’s, working for its owner, Michelin-starred chef Richard Corrigan.

Read the full article here

Corporate

Podcast: Trends in the hotel M&A market

Karen Friebe speaks with Corporate Partner, Nick O'Donnell to explore the hotel M&A market and current trends in the sector. They discuss post-pandemic activity, the impact of the conflict in Ukraine, how the cost of living crisis affects the importance given to sustainability considerations, and more.

Read the full article here

Finance

What changes are taking place in the hotel lending market, and are these changes positive for hotel owners?

One of the biggest impacts of the pandemic was to rapidly accelerate many of the market trends that had already been occurring. The transition to hybrid working, the massive growth of home delivery platforms (such as Deliveroo and Uber Eats) and the growth of Airbnb and aparthotels are just a few examples. The same has been true in the hotel finance world. The growth in market share of debt funds at the expense of conventional banks has been the standout feature of the last few years.

Read the full article here

Tax

Looking back at key tax updates in the UK hotel, hospitality and leisure sector

The COVID-19 pandemic has created a challenging environment for the UK hotel, hospitality & leisure sector. As the industry starts to recover, we provide a recap on several key changes to the UK tax rules over the past few years that have had an impact on businesses operating in this area.

Read the full article here 

News & Events

Bird & Bird appoints Anna Morgan and Deirdre Kilroy to join new Irish office

We have appointed leading Irish data protection, IP and technology specialists, Anna Morgan and Deirdre Kilroy as the first two partners to join our new office in Dublin. The office is based in George’s Dock, close to Dublin’s tech hub Grand Canal Dock, and officially opened on 13th June.

Anna and Deirdre have significant expertise in data protection, franchise structures, online trading and booking engines, and commercial contracts, and are well placed to advised on issues specific to the hotel market in Ireland. In addition to assisting with trading arrangements, they assist with due diligence in acquisitions, where issues around controllership of personal data, ownership and use of customer and marketing databases, and brand transitions can become material considerations in the transaction.

Read more here

Our team returns to The International Hospitality Investment Forum this year

Our international Hotels, Hospitality & Leisure team was represented by eight attendees this year – Karen Friebe, James Salford, Peter Nicholson, Isidro del Moral, David Dederick, Elie Kaufman, Megan Harrison and Matthew Vance.

The theme of this year’s conference was People, Planet, Profit, which was reflected in the programme. Karen moderated a panel session on Investing in Hybrid Hospitality, where she was joined by speakers from Ennismore, LaSalle Investment Management, AutoCamp and Tristan Capital Partners to discuss questions including: which asset classes are at the forefront of the hospitality property market? what is emerging as a new opportunity? how are investment portfolios changing to incorporate the ESG ethos? and what are the most assured routes to investment for new players? Get in touch if you would like to discuss this or any other topics with the team.

Our team is recognised in Who's Who Legal Hospitality 2022

A number of our international team-members - Maria Carlsson (Finland), Melissa Murray (UAE), James Fowler (UK) and James Salford (UK) - have been recommended in the recently launched Who's Who Legal Hospitality 2022. Karen Friebe has also been named as a Global Elite Thought Leader, with peers acknowledging that she "cuts a distinguished figure in the hospitality market for her impressive sector-specific knowledge". Thank you to our clients and contacts for your nominations and feedback!