Walter and Saul recently received planning permission to convert an old mill on the outskirts of Brumchester.
Walter and Saul recently received planning permission to convert an old mill on the outskirts of Brumchester. It has been transformed into an upmarket residential centre for schools during the week, and for corporate ‘team building’ breaks at weekends. The centre is called the ‘CHILL MILL’. It offers a chance for students and work colleagues to bond by taking part in outdoor activities and indoor mindfulness classes. The guests are supervised by a full-time team of trained staff, who facilitate activities during the day, and at night, there are indoor wardens. The ‘CHILL MILL’ is so popular that it has been fully booked 7 days a week for the whole summer and most of the autumn. Walter and Saul expect bookings to continue into the winter and spring of next year, but they have experienced some legal issues and now seek your advice as to their potential liability.
The CHILL MILL site includes 25 en-suite rooms, a dining area, conference room and an outside activity jungle. The activity jungle includes several zip wires, high ropes through well-established trees and in the middle of the jungle there is a large smoke house with pizza oven and BBQ for all to use, with staff supervision. Additionally, at weekends a locked bar in the smokehouse is used for corporate guests only. The jungle has a small sign above the entrance which says, ‘Do not use unsupervised’.
Gus and Kim own a first-floor executive eco flat next door, which is overlooked by the high ropes area. They have complained about being overlooked and wish to restrict the use of this area, particularly at weekends when they are both at home. They are also disturbed by the noise of metal clanking on metal as the zip wires are in constant use, and of children and adults screaming with excitement and fear throughout the day. Gus works night shifts, so he is more concerned with the noise of the children during the day.
Viola and her son Kai live in the flat below Gus and Kim. Viola has rented the property for 5 years and although they have not complained about the noise, Kai’s asthma has worsened due to the smoke from the smoke house and Viola’s washing is routinely speckled with soot from the outdoor fires, causing stains and small holes to appear on her clothes.
A recent event has caused Walter and Saul great concern. Last month a group of teenagers on a school trip decided to break into the bar area at 2am and help themselves to alcohol. One of the students, Jesse, accepted a dare to climb the high ropes and was killed when he fell from a great height. There have been several occasions where students have tried to use the equipment at night and so prior to the accident, Walter and Saul fenced off the jungle area and secured the gate with a padlock.
Advise Walter and Saul of their legal liabilities to Gus, Kim, Viola, Kai, Jesse,
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