Unit 23 Law for Licensed Premises Assignment

Introduction

The present report is concerned with the licensed premises and we will discuss in the present report the different types of licensed premises. In the report we will also discuss the different aspect of law and legislation related to licensed premise and also we will discuss what the requirement are for employing an employee and the responsibility of the employer towards the employees.

TASK A

1.1 What are the different types of licensed premises?

Licences are provided for the sale of alcohol, for providing entertainment and also to provide late night refreshment which is issued by the council for the local area (AVON AND SOMERSET CONSTABULARY, (n.d.))
For the purpose of the Private Security industry Act 2001, the licence premises are (SECURITY INDUSTRY AUTHORITY, (n.d.)):
Those premises in respect of which a premises licence or a temporary event notice has been effected under the licensing act 2003 so as to authorise the supply of alcohol which is (within the meaning of the section 14 of that act) for the consumption of alcohol on the premises (SECURITY INDUSTRY AUTHORITY, (n.d.)).
Premises where a premises licence or temporary event notice has effect under the act that authorises the regulated entertainment in the premises is a licensed premises (SECURITY INDUSTRY AUTHORITY, (n.d.)).
Premises compromised in a place or any class of place for a particular time which is being specified by the resolution given under section 9(5) (b) of the Civic Government Act 1982, the resolution must specify place which is to be licensed if it would be used for public entertainment (SECURITY INDUSTRY AUTHORITY, (n.d.))

Hotels

If the hotel requires supplying alcohol then it would require a premises licence which is issue by the Local Authority (BRISTOL CITY COUNCIL, (n.d.)).

Events:

When there is a temporary event happening which will not last above 96 hours and where regulated supply of alcohol and entertainment is involved than it would require a temporary event notice which needs to be acknowledged by the licensing authority.

Outside catering

The UK law requires that there is a requirement of registration for the food business which includes market stall, delivery vehicles and other moveable structures (BRISTOL CITY COUNCIL, (n.d.)). The registration allows the local authorities to keep an updated list of the premises where the catering can be done (BRISTOL CITY COUNCIL, (n.d.)).

Clubs

A club premises certificate needs to be obtained for the club to permit the below mentioned activities like:
To provide alcohol by the club or on the behalf of the club by the members of the club, to provide late night refreshment between 11 pm to 5 am, or to provide regulated entertainment which includes films, plays, indoor sports, boxing, performance of dances, recorded music (BRISTOL CITY COUNCIL, (n.d.))

1.2 What is the difference between a personal licence and a premise licence?

PREMISES LICENCE

The premises licence is taken for a building or premises
The premises licence is taken for the purpose of the sale of alcohol or for late night refreshment
The premises licences are individually issued and they also have specified hours and conditions which is consistent with the kind of activity which is being conducted
If there is a breach of the licence premises than it is a punishable offence which has the fine of till £20,000 and/or an imprisonment for six month, the breaches would include going beyond the specified hours, type of activity or any other breach of the condition of the licence provided
Premises can hold 12 events in a calendar year (AVON AND SOMERSET CONSTABULARY, (n.d.)).

PERSONAL LICENCE

The personal licence on the other hand is taken by a person for his personal use
All of the sales of the alcohol need to be made or authorised only by the person who has the personal licence and no one else
Every premises licence that authorises the sale of alcohol would also have a personal licence holder which is known as the Designated Premises Supervisor (DPS).
The person who holds the DPS would be held responsible for the supervision of the operation of the licence and also the premises
Alcohol would not be allowed to be sold if the person holding the DPS is not present
A personal licence holder can hold till 50 events in a calendar year (AVON AND SOMERSET CONSTABULARY, (n.d.))

1.3 Contrast the different procedures for licences application

We going to discuss the different procedures required for licence application and below we are going to discuss the application process for personal and premises licence:

Personal licence (BRISTOL CITY COUNCIL, 2013)

For personal licence the applicant needs to above 18 years
An application fee of £37.00 is required to be submitted
A copy of personal licence application form is required to be submitted
Two passport size photographs are also required where one of the photograph must be signed by a notary or solicitor
Proof of holding licensing qualification
Basic Criminal Records Bureau check
When the application is granted then the person is issued with a photo card, a paper licence and a copy of duties of a personal licence holder
The personal licence is valid for a period of 10 years(BRISTOL CITY COUNCIL, 2013)

Premises licence

For licence premises application is needed to be sent to the licensing authority for the area where the premise is located
The application fees starts from £100 to £1,905depending on the band in which the premises is
The plan of the premises is also required to be submitted which identifies the requirements in relation to the plan
When the application is made for the supply of alcohol then the form of consent from the supervisor is required to be submitted
The applicant is also required to advertise their grant
A hearing is held if there is any representation made related to the application and in the hearing the licence is granted or it is granted with some conditions(BRISTOL CITY COLLEGE, 2014)

1.4 Analyse the guidelines on the conduct of licensed premises for use by staff

The guidelines are provided by South Ayrshire Licensing premises which are related to the health and safety, welfare of the staff and the patrons in the premises (SOUTH AYSHIRE, (n.d.)).

Training the staff:

The staff should be trained so that they can operate in a better way in the case of health, welfare and safety at the licensed premises and also so that they can understand their liability.
The training should be a continuous process where the training is being provided on a regular basis the training should be provided for the full time, part time and causal staffs also (SOUTH AYSHIRE, (n.d.)).

Health and Safety policy Statement: (SOUTH AYSHIRE, (n.d.))

Any licensed premises that has over five persons needs to have a written statement of policy in relation to health and safety, the statement of policy is required to be in two parts one is the general statement and the other is arrangement done for the implementation of the policy.

The staff should be trained to deal with overcrowding and they should know that how many people can fit in the premises and overcrowding should be avoided as much as possible
The staff should clear the empty glasses and bottle in a continuous manner so that no injury is caused because of them
The appropriate lighting should be maintained in the premises by the staff
Proper ventilation should be maintained in the premises
The staff should take care of the house keeping on an hourly basis
The staff should provide free drinking water to everyone present in the premises
The stewards should be given proper training to deal with customers
All the staff should have knowledge about the emergency entry and exit doors and they should know how to deal with fire or any other emergency (SOUTH AYSHIRE, (n.d.))

2.1 Analyse the consequences of providing consumers with misleading information

The Unfair Trading Regulations 2008is the regulation that provides protection to the consumers against misleading information being provided by the trader and they also create criminal offences if the traders breach the rules of the regulation (GLOUCESTERSHIRE COUNTY COUNCIL, 2014). The regulation prohibits any misleading actions or omissions, which would cause the consumer to take a decision which he would have not taken if the misleading action or omission was not present. Misleading information including giving the wrong information about the quality, quantity, ingredients, expiry and manufacture date, and also about the fitness of the product for the given purpose, like giving wrong information about the quality or content of alcohol in a drink (GLOUCESTERSHIRE COUNTY COUNCIL, 2014)
The breach of the rules of the regulation has the following consequences wher ethe emmployees get remdies in the following way:
The consumer has three remedies, right to unwind, right to discount and right to damages (GLOUCESTERSHIRE COUNTY COUNCIL, 2014):
Right to unwind-this right gives the consumers the option to undo the contract in such a way that the consumer gets back into the position where he was before he entered the contract with the trader and the consumer needs to reject the goods within 90 days (GLOUCESTERSHIRE COUNTY COUNCIL, 2014).
Right to discount-this right is given to the consmuer if the right to unwind is not possible and the disocunt range is twety five percent to hundred percent according to the severity of the case (GLOUCESTERSHIRE COUNTY COUNCIL, 2014).
Right to damages-the consumers have the right to claim damages if the loss suffered by the consumer is way more than the price paid for the goods or services (GLOUCESTERSHIRE COUNTY COUNCIL, 2014).
Penalties-Civil enforcement action cn also be taken for the breach of the regulation under part 8 of the Enterprises Act 2002 and this would result in maximum two year imprisonment and or fine (GLOUCESTERSHIRE COUNTY COUNCIL, 2014).

2.2 What is the extent of employer liability in the protection of consumers?

The employers would be held liable if they fail in their duties to protect the consumers by being involved in unfair trade or by breaching the rules of the consumer protection act and they will also be liable under negligence and even under vicarious liability for the breach of the protection of the consumer.

Claims in contract

The employer has a duty under the Sale of Goods Act 1979,if the implied terms related to the quality and fitness of the product is breached and these terms are implied under the consumer contract which the employer enters into with the consumer. The employer has the duty to ensure that the product or goods is of reasonable quality and quantity and it is fit for the purpose for which it is bought by the consumers, if these duties are breach than the consumer has the right to claim under contract where the employer will be required to bear the costs of repair or replacement of the product.

Claims in negligence

The employer owes a duty of care towards the goods manufactured by him and the defective goods are covered under the liability in negligence as the defective goods can cause damage to the consumer as was held in the landmark case Donoghue v Stevenson, (1932), where the manufactures were held liable for defective goods(LEXIS NEXIS, 2014).

Claims under the consumer protection act 1987(LEXIS NEXIS, 2014)

This act puts strict liability on the on the manufacturer, the producer, or any party that was invloved in the making of the product, or any importer of the prodcut into the EU, if the product is found to be defective, then the consumer can claim damage against the employer for the defective product(LEXIS NEXIS, 2014).

Vicarious liability:

The employer also has the liability under vicarious liability if his employees provide defective goods or services to the consumer than also the consumer has the righ to claim damage from the consumer for the tort of the employee.

2.3 Discuss and also justify a policy for ensuring that all the aspects of weights and measures legislation are implemented

The Weight and Measures (Packaged Goods) Regulation 2006 gives the information regarding the packaged goods and their quantity.

Three packer Rules:

The package content should not be below the average than nominal quantity specified in the regulation
The proportion of the packages that are of small quantity must be less than the specified level
Also no package must be short of twice the negative tolerable error on a small measure (GOV. UK, 2014)
The Weights and Measures (Specified Quantities) (Pre-Packed products) Regulations 2009(NATIONAL MEASUREMENT OFFICE, 2010)
For pre-packaged spirit drinks (NATIONAL MEASUREMENT OFFICE, 2010)
There has been a reduction in the range of the sizes of packaged sprint drinksso the outside range of 100 ml to 200 ml are now not regulated, but we feel that the quantity should be regulated as the de regulation may be used as an escape for illegal packaging of the drinks in large quantity (NATIONAL MEASUREMENT OFFICE, 2010)
For pre-packaged wines (NATIONAL MEASUREMENT OFFICE, 2010)
There has also being reduction in the range of the sizes of the pre-packaged still wines and the outside range is no longer regulated, the wine should be regulated to encourage sensible e drinking by the people also there should be correct labelling of the quantity on all the drinks so that the consumer has correct knowledge about the quantity and fine should be imposed on the manufacturer who do not label their drinks quantity (NATIONAL MEASUREMENT OFFICE, 2010).
RANGE OF NOMINAL QUANTITIES OF CONTENTS OF(NATIONAL MEASUREMENT OFFICE, 2010)
PREPACKAGES
Products sold by volume (quantity in ml)(NATIONAL MEASUREMENT OFFICE, 2010)
Still wine: On the interval from 100 ml to 1,500 ml only the following eight(NATIONAL MEASUREMENT OFFICE, 2010)
Nominal quantities:
Ml: 100 — 187 — 250 — 375 — 500 — 750 — 1,000 — 1 500
Yellow wine: On the interval from 100 ml to 1,500 ml only the following
Nominal quantity:
Ml: 620
Sparkling wine: On the interval from 125 ml to 1,500 ml only the following five
Nominal quantities:
Ml: 125 — 200 — 375 — 750 — 1,500
Liqueur wine: On the interval from 100 ml to 1 500 ml only the following seven
Nominal quantities: 7
Ml: 100 — 200 — 375 — 500 — 750 — 1,000 — 1,500
Aromatised wine: On the interval from 100 ml to 1 500 ml only the following
Seven nominal quantities:
Ml: 100 — 200 — 375 — 500 — 750 — 1,000 — 1,500
Spirit drinks: On the interval from 100 ml to 2,000 ml only the following nine
Nominal quantities:
ml: 100 — 200 — 350 — 500 — 700 — 1,000 — 1,500 — 1,750 — 2,000 (National Measurement Office, 2010)
we would suggest that the packing of the alcoholic drinks should be encouraged to be packed in smaller quantitiesso that it would encourgae sensible drinking among the people and the lisensed premises must show responsibility while serving alcoholic drinks in the premises.

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TASK B

3.1 What are the key components of a range of regulations?

HEALTH AND SAFETY AT WORK ACT 1974

Health and Safety policy Statement :(SOUTH AYSHIRE, (n.d.))

The staff should be trained to deal with overcrowding and they should know that how many people can fit in the premises and overcrowding should be avoided as much as possible
The staff should clear the empty glasses and bottle in a continuous manner so that no injury is caused because of them
The appropriate lighting should be maintained in the premises by the staff
Proper ventilation should be maintained in the premises
The staff should take care of the house keeping on an hourly basis
The staff should provide free drinking water to everyone present in the premises
The stewards should be given proper training to deal with customers
All the staff should have knowledge about the emergency entry and exit doors and they should know how to deal with fire or any other emergency (SOUTH AYSHIRE, (n.d.))

REPORTING OF INJURIES, DISEASES AND DANGEROUS OCCURRENCES REGULATIONS 1995

According to this regulation requirements If there is any injury or any hazardous object then it should be immediately informed to the management also if there is any work related illness then that should also be checked and this should be informed to the management so that relevant prevention measures should be taken all these issues should be reported so that no injury or illness is caused because of the working environment (SOUTH OXFORDSHIRE DISTRICT COUNCIL, 2014).

MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1999

According to this regulation the employers have the duty to regularly be updated with the health and safety risks in his premises and the employer is also required to do a risk assessment on a regular basis. A risk assessment helps in finding out the hazards that are there in the premises, they also help in understanding the importance of the risk, and they also help in knowing and then implementing the prevention and control measures(HSE, (n.d.))

SAFETY REPRESENTATIVES AND SAFETY COMMITTEES REGULATIONS 1977

The safety representatives are nominated by trade unions and they are basically the representatives of all the staffs on the matters that are connected to health and safety at work place. The safety representative can take any matter and they have many legal rights like to raise health and safety complaints, to investigate hazards and complaints, and to insist upon making safety committees in the work place(HSE, (n.d.)).

3.2 What are the duties and responsibility associated with the management of licensed premises?

The management of licensed premises has many duties and responsibilities and they have been discussed below:

Food- a reasonable amount of snack, food meals should be available and also promoted, this includes pizzas, pies and this requirement of food will increase if it is a restaurant.
Low and non-alcoholic drinks-a sufficient quantity of none and low alcoholic drinks must be available and they should be promoted also
Transport facility should also be available
The licensee must operate only within the restricted hours of operation
The off licence premises may not be open on some restricted days
Designation of areas- in supervised areas no person who is below the age of 18 should be allowed
In restricted areas- in this area no person below the age of 18 should be allowed
Entertainment staff must be above 18 years of age
If the above responsibilities are not fulfilled then they will be liable to penalty (SOUTH TARANAKI DISTRICT COUNCIL, n.d).

3.3 Discuss a detailed risk assessment for one type of licensed premises

There are many risks that are associated with the licensed premises and below we are going to do the risk assessment of the licensed premises like in a hotel that provides alcohol and other drinks there can be instances of extreme drinking and then violence caused in the influence of liquor and there are many factors that contribute to the risks of over drinking and they are as following (HSE, Health and Safety Executive, 2009):

Step 1 is to find out the hazards

Individual characteristics like low age group of 16 to 29, where the males are more aggressive in nature or who come from a low social background (HSE, Health and Safety Executive, 2009)
Alcohol also brings the risk of cognitive impairment and hyper increase in the activities of the person who drinks and this most of the times come in the form of uncontrolled aggression which may cause injury to the other people present in the premises (HSE, Health and Safety Executive, 2009)
The main reasons for conflicts have been discussed in the report by Marsh and Fox in 1992 and they are as below (HSE, Health and Safety Executive, 2009):
When there was a refusal to serve the drink 32%

When attempts were made to eject 30%
When there was fight intervention 19%
When there was prevention of theft 10%
When there were revenge attacks 5%

When there were some other disputes 4 %(HSE, Health and Safety Executive, 2009)

Step 2 the people at the highest risk who can get harmed

Special group of people that are at risk(HSE, Health and Safety Executive, 2009):

Young workers

The young workers usually get targeted in the hotel premises as they can show less resistance so they are at high risk of injuries (HSE, Health and Safety Executive, 2009)

Temporary workers

The temporary workers are also at high level of risks as they are not provided with the proper training to deal with the customers who are aggressive (HSE, Health and Safety Executive, 2009).

Females

The females are at the highest level of risks because they are vulnerable and less defensive in nature so in the premises the females would be attacked the most in a physical or sexual injury cases (HSE, Health and Safety Executive, 2009).

Step 3 is to analyse the risks and use precautions

The management factors like the management should see that too much alcohol is not being served to one person and the same should be kept in control (HSE, Health and Safety Executive, 2009)

Alcohol also brings the risk of cognitive impairment and hyper increase in the activities of the person who drinks and this most of the times come in the form of uncontrolled aggression which may cause injury to the other people present in the premises (HSE, Health and Safety Executive, 2009)

Step 4 is record the results and implement the solutions

The premeises maagement needs to implememnts the solutons which they have found out as a result of the assessment (HSE, (n.d.))

Step 5 is to reassess the ris assessment and update the required changes

The risk assessment should be done on a regular interval and any ew change must be updated (HSE, (n.d.))

3.4 Analyse the impact of food safety and hygiene legislation

The legislation has some rules for the safety and the hygiene of the food which needs to be maintained and this has been discussed below:

The food Safety Act 1990, provides the following conditions to be fulfilled for food safety

Any business or licensed premises that serve food must ensure the following:

Food safety (GOV UK, 2014)

The food must be safe to eat
There should be no addition or removal of an ingredient in the food which will make it harmful
The food should be of standard quality
The records of the source of food should be kept
Unsafe food should be removed and reported
Display the food hygiene rating (GOV UK, 2014)

Food hygiene

Hazard Analysis and Critical Control Point plan

A plan is required to be written on the basis of the HACCP principles and this would keep the food safe from biological, chemical and physical safety hazards
The food contact material like packing, cook ware and equipment should not transfer anything to the food
The food should be kept safe from bacteria and food poisoning like the bacteria E.coli 0157 and campylobacter and salmonella are dangerous
The employers must give their staff hygiene training (GOV UK, 2014)

4.1 Validate the responsibilities of an employer in the employment of staff

There are many responsibilities of the employer when they employee a staff and these responsibilities have been discussed below all these responsibilities are given under the employment act, the national minimum wage and equal work equal pay act, :

If the employment is of full time basis then the employer has following responsibilities:

To give the employee a written employment contract
To provide the minimum statutory paid holidays
To provide statutory sick pays
To provide maternity and paternity and adoption pay and leaves
To provide the national minimum wages
To have the employer’s liability insurance
To provide safe and secure work environment
To avoid any type of discrimination
To make adjustment for disabled employees in the work place (GOV UK, 2014)

4.2 What are the key aspects of discrimination legislation?

The different legislation related to discrimination was enacted so that there is no discrimination of the employees on the basis of race, religion, sex and physical disability. The Equality Act 2010 has replaced the previous different acts related to discrimination that were the Sex discrimination Act 1975, Race Relations Act 1976andDisability Discrimination Act 1995.

The Equality Act

This act provides protection to the employees against all types of discrimination and the main provisions are (GOV UK, 2013):

To provide protection against direct and indirect discrimination and harassment in services, public functions, education and work,
To provide protection for breast feeding mother
To provide protection against discrimination on the basis of gender and discrimination in the pay on the basis of gender
To provide protection for discrimination on the basis of disability at work
To provide protection against discrimination on the basis of race (GOV UK, 2013)

The provisions related to disability are:

This act provides protection against indirect discrimination based on diability

This act has introduced the “discrimination arising from disability”

This act has applied the detriment model to victimisation protection (GOV UK, 2013)

Conclusion

In the present report we have discussed licensed premises and we have also discussed in the present report the different types of licensed premises. In the report we have also discussed the different legislation related to licensed premise and also we have also discussed what the requirement are for employing an employee and the responsibility of the employer towards the employees. In this report we have tried to understand the different legal aspects related to licensed premises.

Bibliography

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