Unit 23 Law for Licensed Premises Assignment Solution

Unit 23 Law for Licensed Premises Assignment Solution

INTRODUCTION

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.

TASK1

LO1 Understand the effects of licensing premises

1.1 Discuss the different types of licensed premises

Licensed premises

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

Restaurants

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).

Tenancies

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-

• The landlord should not be a local council or a housing association. The landlord must be a private landlord.
• The tenancy started on or 15 January 1989.
• It should be the main accommodation of the tenant.
• The landlord should not live in the property (GOV.UK, 2014).

Hotels

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).

1.2 Discuss the differences between personal licence and premises license.

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-

1. A premises license is a license which is granted to authorise the specified premises for licensable activities such as the sale of alcohol, provisions of the regulated entertainment and late-night refreshments. A personal license at the same time is required to supervisethe sale and supply of alcohol at any area as the Designated Premises Supervisor and the validity of which is 10 years (Lewes District court, n.d).
2. The application fees and the annual charges of the premises license differ. Premises licence also charges an additional fee, while the cost of personal license is £37 (Lewes District court, n.d).

1.3 Compare the procedures for license applications

Premises License

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-

• An application for a premises license that has to be completed.
• A completed consent form that has to be signed by the person who will be giving his or her agreement to be the designated Premises Supervisor.
• Payment needs to be submitted to the council along with the original application.
• The application needs to be advertised on the premises for not less than 28 consecutive days since the day the application was given (South OxfordshireDistrict Council, 2014).

Personal 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-

• A personal licence application form which needs to be filled up completely.
• A disclosure of convictions and declaration form which needs to be complete.
• An original certificate of criminal conviction or record which is available from Disclosure Scotland which is charged for some value.
• An original document that proves that the potential licensee holds the new National Certificate for Personal License Holders qualification.
• Two photographs are required of a passport size. Out of these photographs, one photograph must be authorized as true likeness by a solicitor or notary.
• The potential licensee is required to submit the fees of the application costing £37 along with the application. This submission can be made wither by debit card, by credit card or by cheque that has to be payable to South Oxfordshire District Council (South Oxfordshire District Council, 2014).

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

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-

1. Well trained staffs contribute in the growth of the premises and are also responsible for the sale of alcohol, provision of entertainment and late night refreshment. Therefore, they must be aware of all the policies and must know how to implement it.
2. Before serving alcohol all the staffs should be advised in writing and be well trained in the maintenance and operations about the licensing law.
3. The staff should be provided training on the policies which are relevant in operating the business.
4. It is required to keep a record of these advises and training along with the date and name mentioned in the record so that on inspection by the police or licensing authority the same is available to acknowledge them that the staffs working there are aware and are well trained about these licenses.
5. It is also required that a well trained staff be on duty to operate the system when the premises are open.
6. Staff should be attentive during office hours and should report to the police if there is any suspicious activity found by him.
7. The briefing and debriefing of the staffs on daily basis will allow the licensee to develop the working practices in their premises.
8. The staff should also be trained on the awareness of the Drug.
9. There should be availability of staffs at the end of the office hours so as to manage and control the complete shutdown of the premises and keep up good orders when the customers leave.
10. Staff should be trained on the effects of the alcohol. They should be trained on how to spot early signs of customers becoming alcoholic so that they can deal with drunken customers (City of London, 2013).

TASK2

LO2 Understand the processes that can effectively protect your guests and staff

2.1 Assess the consequence of providing consumers with misleading information

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 CPR which stands for the Consumer Protection from Unfair Trading Regulations 2008 implement the EU Unfair Commercial Practices Directiveconsists of the prohibiting unfair commercial practices and also prohibits misleading and aggressive practices.
• Regulations 5-7 of the CPRs prohibits the misleading commercial practices either by action or omission.
• Misleading occurs when the trader-

• Fakes about the prices of the product the trader sells,
• When the labelling on the product is false,
• When the display of prices in the shop or advertisements is false,
• When sufficient information is not provided and
• When the product is different from the description.

The CPRs specifies following three types of misleading action-

1. General misleading which means the action that is misled contains false information in order to deceive the consumer.
2. Confusions created with the competitor’sproduct, trademark, or trade names.
3. The third misleading action is when the trader fails to comply with the firm and verifiable commitment in that code of conduct which has been undertaken by him and thus he is bounding the trader by the code of conduct (Office of Fair Trading, 2008).

2.2 Evaluate the extent of employer liability in the protection of consumers

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.

Liabilities of the employer in the protection of the consumers

• The Local Authority Trading Standards Services, the Office of Fair Trading and (in Northern Ireland) the Department of Enterprise, Trade and Investment have a duty to enforce the CPRs, using the "most appropriate means".
• A criminal prosecution is brought by the above mentioned authorities.
• A proof is required that the trader knowingly or recklessly acted while breaching the general prohibition.
• If the trader proves that it took all reasonable precautions and had exercised its duty with carefulness, the defence available in the criminal charges is that the offence so caused was beyond the trader’s control.
•  The fine is unlimited for a company which is guilty. The officer of that company will be personally liable for the offence and that officer will be sentenced for two years and fine or both.
• The consumers affected by the breach of these regulations cannot claim for compensation (Oou-Law.com, 2010).

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

Changes in Law for pre-packaged spirit drinks-

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).

Changes in Law for pre-packaged wines-

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.

TASK 3

LO3 Understand the implications of health, safety and hygiene legislation

3.1 Discuss the key components of a range of regulations

A business that deals in food must be aware of the following-

1. The food kept for eating is safe.
2. The food should not be treated in a way that makes it harmful to eat.
3. The quality of the food should be same as it was represented.
4. The food that is labelled, advertised or marketed should not be to mislead the public.
5. There should be a record from the where the food has been brought and this information should be shown on demand which is called as traceability.
6. The food that is unsafe should be withdrawn or recalled and the same should be conveyed to the public by leaflet or poster.
7.  If the food is directly sold to the public then the food hygiene rating should be displayed.
8. If additive food has been used then it is required that only approved additive is used, and the same should not exceed the maximum limit that has been permitted (GOV.UK, 2014).

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-

1. General Food Law Regulation (EC) 178/2002:

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-

• Food Safety Act 1990 (Amendment) Regulations 2004 (No. 2990)
• General Food Regulations 2004 (No. 3279)1(Food Standards Agency, 2007).

1. The Control of Noise at Work Regulations 2005 (the Noise Regulations):

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).

1. Health and Safety at Work etc. Act 1974 (HSW Act):

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).

1. Display Screen Regulations:

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).

3.2 Discuss the duties and responsibilities associated with the management of licensed premises

Duties and responsibilities associated with the management of licensed premises

The licensee must comply with all the following conditions of the license-

1. An ample range of snack food meals such as nachos, pizzas etc. must be available and promoted at any time on special license is in operation.
2. At licensed premises, a variety of low and non-alcoholic drinks such as liquor should be available and promoted.
3. In order to avoid drink driving, transport options such as van, free taxi phone etc. must be available and promoted to aid patrons.
4. Though there are licenses which are limited to certain hours, a licensed premises is deemed to be valid for 24 hours a day. There cannot be a private function on licensed premises unless a special license has been obtained. Any sale and supply of liquor after the hours of operation is a serious offence.
5. Off license should be closed by midnight on restricted days such as Christmas Day, Good Friday, Easter Sunday and ANZAC day.
6. There are certain designated areas where the license is prohibited and also certain people such as minor, intoxicated and unauthorised persons are prohibited from obtaining this license (South Taranaki District Council, n.d).

3.3 Carry out a detailed risk assessment for one type of licensed premises

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-

(HSE, Health and Safety Executive, 2009).

3.4 Evaluate the impact of food safety and hygiene legislation

• The Food Standards Agency in UK is a government authority that is responsible for the safety and hygiene all over the United Kingdom.
• This department works with the businesses related to food in order to assist them to produce safe food.
• The Food Standards Agency in UK alsoassists with the local authorities in order to enforce food safety regulations.
• Legislation on the food hygiene was changed in the year 2006 and new legislations came into force. The most important consequence of this change was that, for businesses relating to food must be documented Food Safety Management System.
• Food Safety Management System is based on the principles of Hazard Analysis Critical Control Point HACCP (Food Standards Agency, 2007).

TASK 4

LO4 Understand the legislative responsibilities of employers in relation to staff

4.1 Justify the responsibilities of employers in the employment of staff

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-

1. The risks towards the health and safety should be properly controlled.
2. The employer should provide its employees with personal protective and safety equipment without charging any cost on it.
3. In case of any reasonable concerns towards their safety, an employee should be free to leave the premises without being disciplined.
4. In case the employer doesn’t listen to the health concerns of the employees, the employee is free to contact the Health and Safety Executive for Northern Ireland (HSENI), or local authority, and the employee should not be disciplined for the same.
5. There shall be breaks during the working hours.
6. There should be a leave every week.
7. The employee shall have annual paid holidays.
8. The salary of the employee must comply with the National Minimum Wage (Cookies on indirect, 2013).

4.2 Discuss the key aspects of discrimination legislation

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-

• Sex Discrimination Act 1975
• Race Relations Act 1976
• Disability Discrimination Act 1995 (GOV.UK, 2013).

CONCLUSION

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.

REFERENCES

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].