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The Unlicensed Place of Refreshment Wages Council (Variation) Order 1987

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2.  This Schedule does not apply to any of the following workers in respect of their employment in any of the following circumstances, that is to say:—

(1) workers who are employed by the same employer partly in a catering undertaking and partly in some other undertaking, if their employment in the catering undertaking is confined to work specified either in sub-paragraph (f) or sub-paragraph (g) of paragraph 1 hereof or partly to work specified in the said sub-paragraph (f) and partly to work specified in the said sub-paragraph (g), and they are mainly employed on work in or in connection with that other undertaking;

(2) workers who are employed for the purposes of any of the activities carried on at a hotel, inn, boarding house, guest house, hostel, holiday camp, club or other similar establishment and who are so employed by the person or body of persons carrying on such establishment, unless the establishment is either:—

(a)an establishment which is not a residential establishment within the meaning of this Schedule and the worker is employed for the purposes of the activities carried on at a place of refreshment where food or drink is supplied mainly for persons who do not reside at the establishment; or

(b)carried on by the person or persons carrying on a catering undertaking such as is referred to in paragraph 1 hereof for the purpose of providing accommodation wholly or mainly for the workers mentioned in that paragraph;

(3) workers who are employed for the purposes of any of the activities carried on at any of the following establishments, that is to say:—

(a)any hospital, nursing home or convalescent home or similar establishment providing accommodation for the sick, infirm or mentally defective;

(b)any orphanage, children’s home or similar establishment;

(c)any institution or home where living accommodation is provided for the aged or indigent;

(d)any university, college, school or similar establishment;

and who are employed by the person or body of persons carrying on the establishment, or, in the case of any of the establishments specified in sub-paragraph (d) hereof by such person or body of persons aforesaid or by the person or body of persons carrying on any boarding house which forms part of the establishment;

(4) workers who are employed by a railway company for the purposes of any of the activities carried on at a railway station or in a railway train;

(5) workers who are employed for the purposes of any of the activities carried on at a theatre, music-hall or other similar place of entertainment ordinarily used for the public performance of stage plays or variety entertainments, unless the worker is so employed in the course of a catering contracting business;

(6) workers who are employed for the purposes of any of the activities carried on at a travelling stall, barrow or other similar vehicle from which food or drink is sold by an itinerant salesman;

(7) workers who are employed by the Crown;

(8) workers who are employed in a central catering establishment;

(9) workers who are employed by a local authority;

(10) workers who are employed in an industrial or staff canteen undertaking.

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