Delivery in day(s): 5
Diploma in Hospitality Management
Unit Number and Title
Unit 23 Law for Licensed Premises
The report hereunder comprises of numerous types of licensed premises, their differences and their impact on compliance and noncompliance with the legislation. Detailed herewith are the processes that can effectively protect the staff, there rights, duties and their responsibilities in context of health and safety. This report most importantly enumerates about the businesses that deals with food. Therefore, it comprises of all the provisions, and regulations relating to the safety and hygienic foods. A business that relates to food must comply with all the regulation as per the UK law provided to safeguard the health of the public. Other than the safety of food, this report presents a detail study about the rights, duties and responsibilitiesof the employer regarding the health of their staff. The staffs is also required to be trained on the purpose and basics the licensed premises so that they are aware about their duties and responsibilities in serving alcohols to their customers and how to deal with them.
Pursuant to C.R.S 12-47.1-103 (16), a particular piece of any building, shops, grounds, lands or any area licensed for the conduct of limited gaming is called licensed premises (STATE OF COLORADO 186, 2013). Following are various types of licensed premises
In order to open a restaurant, “Business License” is required to be obtained. Business License allows the owner of the restaurant to operate legally in the jurisdiction that has been specified.
As per the Small Business Administration, a federal business license is required if the restaurant is engaged in activities that are regulated by federal agency like interstate transport of animal goods or plants.
The State, county and the local agencies are required to obtain licensing. In order to maintain the same, it is required that either an annual fee be charged or it should be charged on the percentage of the sales of the business (Sherrie & Demand, 2014).
AST is the most common type of tenancy. AST stands for Assured Shorthold Tenancies. When all of the following applies, then a tenancy is a an AST-
Before opening a hotel, the hotelier is required to adhere with many laws, rules and regulations of the State. There is a minefield of official procedure to deem ranging from licensing rules to food hygiene and fire regulations. Any negligence or ignorance is not considered in the court of law if any mischief occurs in the hotel.Court considers these as breaches of duty which the hotel owes and any failure in performance or non-performance of this duty makes the hotel liable for which the remedy is either imprisonment or fine under criminal law or civil law. Therefore, it is essential for any hotel to obtain business license to run their hotel.
Most hotels provide foods and alcohols to their customers. Therefore hotels are required to adhere to the Licensing Act 1964. Once the license is granted the hotels are free to serve alcoholic beverages. This Act states all features of serving alcohol like cleanliness of optics, pipes and glasses. If the hotelier plans to serve meal during day times then, the hotelier is required to obtain a residential and restaurant licence which is also at times called as the Function’s Licence (ASSET SURE, 2014).
One of the major differences between the personal license and premises license is their application which has been discussed in detail in the next section. The other differences are detailed hereunder-
To get a premises license one needs to apply to the Licensing Team at South Oxfordshire Council. The following documents are required in order to obtain premises license-
A person can apply for personal license irrespective that the person is employed or is running a business connected with the use of the license. Following documents are required when an application in order to obtain personal license-
The Licensees and their staff of a licensed premise are responsible for the safety and effective management of their premise. Therefore there shouldn’t be any lack of knowledge or understanding of the Licensing Act 2003 within the staffs. Here are some guidelines on the good conduct of the licensed premises to be used by the staff-
A licensed premise serves drinks for sale of alcohol to the consumers. There is a price list placed near the bar which gives information to the customers on what are the prices of the drinks. Any wrong information about the price list makes the licensee liable and thus, the customers are protected from the Unfair Trading Regulations 2008. Part 2 of the regulation covers the misleading commercial practices. If the trader misleads and hence, acts unfairly with the customers, then the trader breaches the CPRs. The trader will therefore will be sued for an action of not complying with the CPRs (Office of Fair Trading, 2008).
The CPRs specifies following three types of misleading action-
The employers are liable if in the protecting their consumers from any unfair trade practice. A practise is unfair when the employer fails to take standard of skill and care that any reasonable employer would take while practicing in same or similar circumstances.
Subject to the quantity of the spirit that was specified that those which are outside the range of 100ml to 2000ml should be reduced in the range of sizes of pre-packaged is not being regulated anymore. There is an additional 1750ml size for the pre-package spirits (National Measurement Office, 2010).
Subject to the quantity of the wines that was specified that those which are outside the range of 100 ml to 1500 ml should be reduced in the range of sizes of pre-packaged is not being regulated anymore (National Measurement Office, 2010).
These changes are necessarily evident in order to implement the new European Directive that came into force in the year of 2007.
Products sold according to volume
Still wine: On the interval from 100 ml to 1,500 ml only the following eight
Nominal quantities: 100 ml — 187 ml — 250 ml— 375 ml — 500ml — 750 ml — 1,000 ml — 1 500ml
Yellow wine: On the interval from 100 ml to 1,500 ml only the following
Nominal quantity: 620 ml
Sparkling wine: On the interval from 125 ml to 1,500 ml only the following five
Nominal quantities: 125 ml — 200 ml — 375 ml — 750 ml — 1,500 ml
Liqueur wine: On the interval from 100 ml to 1 500 ml only the following seven
Nominal quantities: ml: 100 ml — 200 ml — 375 ml — 500 ml — 750 ml — 1,000 ml— 1,500 ml
Aromatised wine: On the interval from 100 ml to 1 500 ml only the following seven
Nominal quantities:100 ml — 200 ml — 375 ml — 500 ml — 750 ml — 1,000 ml — 1,500 ml
Spirit drinks: On the interval from 100 ml to 2,000 ml only the following nine
Nominal quantities:100 ml — 200 ml — 350 ml — 500 ml — 700 ml — 1,000 ml — 1,500 ml — 1,750 ml — 2,000 ml
A business that deals in food must be aware of the following-
There are many regulations regarding the food safety and hygiene, noise and electricity at work, display screen equipment, manual handling operations, reporting of injuries, and control of substance hazardous health safety and reporting of diseases and dangerous occurrence, which the staffs of a hotel dealing with food is required to be aware of, here are few of those-
It is essential that the food business must comply with the legislations that relates with the safety of food, traceability, notification of food safety incidents, withdrawal and recall of unsafe food.
Article 14prohibits placing unsafe foods in market that are injurious to health and are unfit for human consumption.
Article 16covers that the business should be labelled properly and the marketing and advertisement of the food should not mislead the public.
Article 18this article says about the purpose of the traceability wherein the provision is to help out the targeted withdrawals and to give information to the competent authorities in the event of any problems regarding the safety of the food.
Article 19imposes obligations on food business in withdrawal and recall if it does not comply with article 14 regarding the requirements of the food safety.
All these articles must comply with the following regulations which also relates to the safety of the food-
The Control of Noise at Work Regulations 2005 (the Noise Regulations) has replaced the Noise at Work Regulations 1989. The Control of Noise at Work Regulations 2005 (the Noise Regulations) aims to make sure that the hearing of the workers is protected from too much noise at their working places which may cause them to lose hearing and lead to suffer from tinnitus (Health and Safety Executive, n.d).
Health and Safety at Work etc. Act 1974 (HSW Act) is a law in UK under which employers are responsible to make sure that there is safety in the health and safety of the employees as well as the public which also includes the electrical safety. The electrical inspectors aim in reducing the accidents that occurs due to electrics. They reduce so by enforcing the law, by giving advice on working practices and guiding them regarding the technical revolutionize in equipment and working methods (Health and Safety Executive, n.d).
Under this regulation, the employers accomplish their compulsion and are aware of the inference of the regulations for the way they bring in, administer, and make use of display screens in their organizations. The Display Directive in one of the series of European ‘daughter’ Directives that are with detailed feature of health and safety (Display Screen Regulations, 2000).
The licensee must comply with all the following conditions of the license-
The Consumer and Business Services (CBS) has built up a risk assessment to help out the licensees so that they comply with the requirement of the General Code of Practice which was established under the Liquor Licensing Act 1997. The risk assessment has been build up to be used by any licensee (Licensee Risk Assessment and Management Plan, n.d).
The Management of the Health and Safety at Work Regulations1999 requires the employers to deem risks at its employees and carry out a risk management to save their employees from harm of reasonably foreseeable violence. This examines to settle on as to what dangers exist in the workplace. The employer shall recognise the problem; record the incidents, classify the violent incidents, then search for preventive measures for the same, then implement those measures (HSE, Health and Safety Executive, 2009).
The report herewith which was for the federation of Small Businesses provides data on the use of chosen violence prevention measures for retail and licensed premises-
Crime Prevention Measure
and motor trade
Hired security firm
Installed/upgraded security alarm
Installed extra security systems
Sought advice from police
Significantly increased insurance cover
Set up/joined a Business Watch scheme
Arranged for transport to take staff to/from work
Moved/considered moving to another area
(HSE, Health and Safety Executive, 2009).
The employers have a legal responsibility towards their employees regarding their safety and health in their work place. Following are the responsibilities of the employers in the employment of the staff-
The employees must be treated equally and all the employees shall have equal access to employment regardless of their age, marital status, disability, sex, race etc. The law gives enforcement of any cause of action whereby the employee has been discriminated by the employer.
The Equality Act 2010 is an act of UK law that protects the employees from any discrimination in the workplace and in any discrimination in the society. Before the Equality Act 2010, there following legislations that protected the employees from any discrimination on the ground of sex, race, and disability within the work premises and in within the society-
There are various types of licensed premises which are to be obtained by the restaurants, hotels, tenancies etc. having different effect in different premises. There is a major difference between a licensed premises and personal license. When a licensed premise authorizes for activities like sale of alcohol, late night refreshments and regulated entertainment, the personal licence on the other hand supervises the sale and supply of alcohol in the Designated Premises Supervisor. The staff of any organization must be aware of use, impact of these licenses and effect of noncompliance with these licenses. There are certain provisions in the UK law that has to be complying with by the employer regarding the safety of food, and regarding the employment of their staff.
ASSET SURE, 2014. Hotels Laws UK. [Online] Available at: http://www.assetsure.com/business/hotel-insurance/hotels-laws/ [Accessed 12 9 2014].
City of London, 2013. Code of Good Practice for Licensed Premises. [Online] Available at: http://www.cityoflondon.gov.uk/business/licensing/alcohol-and-entertainment/Documents/CoL-code-of-good-practice.pdf [Accessed 12 9 2014].
Cookies on indirect, 2013. Employees' health and safety responsibilities. [Online] Available at: http://www.nidirect.gov.uk/employees-health-and-safety-responsibilities [Accessed 15 9 2014].
Display Screen Regulations, 2000. An employer's guide to getting the best out of the regulations. [Online] Available at: http://www.system-concepts.com/assets/files/Guide_to_Display_Screen_Regulations.pdf [Accessed 15 9 2014].
Food Standards Agency, 2007. Guidance Notes for Food Business Operators on Food Safety, Traceability, Product Withdrawal and Recall. [Online] Available at: http://www.food.gov.uk/sites/default/files/multimedia/pdfs/fsa1782002guidance.pdf [Accessed 15 9 2014].