Unit 23 Law for Licensed Premises Sample Assignment

Unit 23 Law for Licensed Premises Sample Assignment

Introduction

The key objectives of addressing this task of this assignment are to explain the legal implications related with regulation of licensed premises. This assignment shall also focus on addressing the   aspects associated with consumer protection and various implications ofhealth safety and hygiene legislation applicable in the United Kingdom. A policy plan shall also be prepared with emphasis on the weights and measures of liquor to be served in accordance to the legislation.  The responsibility of the employers towards their staffs shall also be discussed. In compliant with the task question the example of a pub named the Princess Louise pub shall be considered. This cited pub is located in Holborn region of London. The revenue generated in this pub comes from the alcohol and beverages served.  However this particular pub is also evident to sell good quality of food products.
Below is given a pictorial presentation of the cited pub:

Task A

P1.1 Discuss the different types of licensed premises

The term ‘licensed premises’ is found to be applicable particularly to the buildings, shops and or area that are licensed by authorities to run a business. However for the operation of a business obtaining license is a must. Hence licensed premises are belonging to the particular category of premise wherein business activities are operation along with a license. The pubs that serve alcohol to its customers belong to the category of licensed premises wherein the licensee must practice responsible service of alcohol and it is illegal to serve an intoxicated or minor individual (Gov.uk, 2016). Furthermore, citing the example of a pub it is essential to convey that venue staffs and security person appointed in such pub are accountable to check the identity of the individual entering a pub. Individuals below the age of 18 years are not allowed to enter a licensed premise like pub. Any individual in an intoxicated condition or revealing violent behaviour are not allowed to enter into pub (Catty, 2012).

In context to the topic of discussion it can be also stated that it is an illegal act to carry out a pub business without holding the license required for the particular premise. Important to note that such license is distinct from a sale permit. The clubs, hotels, pubs, outside catering organizations, supermarkets, community halls, tavern, brew pub and retail liquor store are the examples of licensed premises. The rationale behind making it mandatory for the above mentioned places to hold a license is to limit the incidents of crimes. Essential to highlight during the sale of beer or wine to the general public for consumption purpose, the owner of the pub should have a beer and wine license. Premise license, personal license, gaming license and music copyright are the various categories of licenses.  Hence acquiring license for running a pub business, act as a promotional step towards public safety with respect to Sale of Alcohol for consumption (Licensingmatters.net, 2016).

Hotels: A hotel or a restaurant must show 25% of its gross sale coming from the sale of food products to obtain a license for the said premise. Therefore a license hotel should serve meals and beverages till 8:00 in the evening. For the purpose of sale of alcohol a license hotel should remain compliant with the legal principles of Licensing Act 1964 (Legislation.gov.uk, 2016).
Club: A club having a license is entitled to sale sell liquor but one to the club members and their guests. Important to convey a club license certificate must qualify the requirements of non-profit organizations.
Retails liquor store and pubs: This particular category of organization can sell liquor legally if they have the license for the said premise. Permit of public sale of alcohol is also applicable in this respect and this type of license is known as ‘package’ liquor store license. Another key note in this aspect is the foods sold in such licensed premised along with the sale of alcohol should be approved from the State Licensing Authority and must be well labelled and pre-packed.  It is mandatory for a license pub to show that 15% of their   revenue is generated from the selling of food products (Types of Licenses, 2016).

The Princess Louise of Holborn is an example of pub that holds the license for sale of alcohol and also owns the permit to sere foods with alcohol. Similar to the other pubs Princess Louise pub should achieve 15% of its gross sale in food products and 3.2% for the sale of fermented malt beverages.  Surveillance of the pub selling alcohol is the responsibility of the Designated Premise Supervisor or DPS (Types of Licenses, 2016).

P 1.2 Discuss the differences between a personal license and a premise license

A personal license serves as a permit to sell alcohol by retails and make others eligible to sell such product. Hence only a personal license holder is legally entitled to ale alcohol. On the other hand a premise license holder is entitled to perform any licensable activities. The sale of alcohol, supply of alcohol and provisions for regulated entertainment is included within the licensable activities. The provisions of late night refreshment are given to the premise license holder and not to the personal license holder. The personal license application should be submitted to the local governing body while the premise licences application should be submitted to 8 responsible authorities including police, fire services and environmental health service. The validity of personal license is 10 years and cannot be issued to a minor individual. The applicant must possess an accredited training qualification certificate. Contrastingly the validity of a premise licence is for indefinite period and is subjected to transfer, surrender or revocation. Revocation or suspension of premise license is in accordance to Section 27 of the Licensing Act 2003. However death of premise license holder by default terminates the said license (Mark, 2016).

P 1.3 Compare the procedures for licences application

The system of filing an application for personal license is distinct from that of a premise license.  Citing the example of a personal license the applicant should be an adult or should be above the age of 18 years. Furthermore the applicant must be certified from an accredited training qualification organization. Moreover following the submission of a personal license to the local governing body where the applicant reside should also include a statement of disclosure of convictions form along with the application fees. 2 copies of certified passport size photo of the applicant and the original of APLH certificate and CRM certificate should also be submitted to the local authority during applying for personal license.  Important to covey that issuance of Temporary Event Notice (TEN) allow a personal license holder to sell alcohol for a specific event. However certain limitations in this respect are imposed by TEN. Also the said applicant must not forfeit a personal license in the past five years and also should not bear any criminal record (Gov.uk, 2016).

The application for a premise license should be submitted to 8 different authoritative bodies and the applicant should be above the age of 18 years. Only a person associated with hospitality provision  business is entitled to apply for premise license. In addition to two copies of passport sized photographs, completely filled application form is to be submitted. The supporting documents for application of premise license include a signed consent form and application charges.  Another important aspect related with application of premise license is an advertisement should be given on the premise within 28 days of submission of the application which is also a criterion for during applying for a personal license.  The individuals entitled to apply for premise license are a recognised club, a charitable organization, a health service body, a registered person under the Care Standard Act 2000, a chief police officer of England and Wales and an individual discharging a statutory function under her majesty’s prerogative. Individual associated with an academic organization or other permitted person is also entitled to apply for a premise license (Application For A Permises Licence, 2012).

 On the concluding ground it can be stated that the application procedure of personal license is easier compared to that of applying for a premise license as it is mandatory for the applicant to qualify for a personal license. However in both the application procedure, producing wrong information by the applicant is considered as a practice of non-disclosure of information that is subjected to serving of legal penalties.

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

The legal guidelines presented in the Licensing Act 2003 also depict guidelines for Code of Good Practice and the staffs associated with any licensed premise should remain obliged to it. The four primary licensing objectives applicable in this respect comprise of:

• Prohibition of criminal and or illegal activities
• Assuring the safety of the common public
• Restriction to prevent incidents of public nuisance
• Safeguarding the children from potential harm

The rationale behind development of the code of good practice is to embed organizational safety within such licensed premises and this approach has also contributed in reducing criminal activity within the licensed premises. However the staffs’ should always comply with the code of good practices. Important to note that various risk factors are also found aligned with a licensed premises and proper surveillance should be implemented to monitor the licensed premise. Installation of CCTV camera along with strengthening of the security level is a commendable approach in this respect. It is a good practice for the employees of the Princess Louise pub to install CCTV camera to strengthen its surveillance capacity. However similar level of involvement of the police and fire services are also important in addressing the challenging or emergency situations in a pub (Salgado, 2003). Policy development with respect to a given issue can be also considered a good step towards risk assessment of the said pub. Also Princess Louise pub should immediately act on the identified problems wherein the licensing authority and the responsible authorities are accountable. To infer it can be stated that the appointed staffs should not only remain obliged towards the code of good practices but also shall be efficient and prompt in addressing any challenging situation (Cityoflondon.gov.uk, 2016).

P 2.1 Assess the consequences of providing consumer with misleading information.

Providing misleading information to the consumer is subjected to legal penalties as it is a criminal offence according to the Consumer Protection from Unfair Trading Regulations 2008. The legal guidelines of Unfair Commercial Practices Directives of the United Kingdom are also applicable in this respect. Achieving harmony in business practices is the key objective behind implementation of the above mentioned legal procedures (Which? Consumer Rights, 2016). If the owner of a licensed premise is evident to provide information to its consumers that are misleading, the injured party can surely claim for compensation. This act is also effective in addressing the issues related with business-to-consumer practices, business-to-business activities and also in consumer-to-business activities. Delivery of improper product specification to the customers, involvement in false advertisement or practice of bait advertisement for the sale of products and ambiguous product labelling practices are also included under the same umbrella of illegal trade practices that are subjected to legal actions. Hence Consumer Protection Act is an effective tool to restrict and also to address the issues related with unethical trade practices wherein compromise with the product quality is evident. The Regulations 5-7 under the Consumer Protection Act restrict misleading commercial practices wherein it is investigated whether the act is a cause of omission or by action or aggression. Furthermore according to Part 8 of the Enterprise Act 2002 civil enforcement action is applicable against a business if breach is evident.  In breach related incidents, the consumers are legally entitled to claim for compensation to the damage incurred. However it has to be proved that the loss suffered exceeded the product price or has caused any extent of distress within the injured consumers. Right to address, right to rewind and right to a discount are the possible compensation in such cases. Local Authority Trading Standard Services, the Office of Fair Trading and the Department of Enterprise, Trade and Investment are entitled to enforce Law in cases of bait or false advertisements (Legisquebec.gouv.qc.ca, 2016).

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

The legal aspects related with employer’s liability towards protection of consumers is in accordance to Section 2 of the Consumer Protection Act or CPA wherein law is enforceable to those who are liable as the producer of the product, an individual who puts his name on the product, who imports the product into the EC and also in cases where the producer is unrecognizable within a specific time frame. Furthermore, Section 61 of the Consumer Protection Act dictates that a supplier of a good or service is accountable for any injury or harm suffered by a consumer. Under this section, the suppliers are also held responsible for incidents like unsafe supply of goods, product delivery failure, defective goods and absence of proper instruction manual for the goods that are hazardous in nature (Komawar, 2010). On the other hand the Section 113 of this particular Act also dictate that an employee or an agent should be held responsible for the acts of omission provided it has occurred during the employment tenure of the employee. Therefore it is to be noted that both the employer and their employees are responsible to civil or criminal acts under this particular Act provide the claim of the injured party is justified and proved. As a defensive mechanism, employers may develop certain policy in alignment with consumer protection practices outlining their respective duties and liabilities of their employees. Such policies must also include a set of disciplinary measures that can be utilized to address incidents wherein breach from an employee is evident. Incorporation of insurance policy is another justified approach towards protection with respect to product liability. Through this particular policy the employer is capable of safeguarding the business. How ever it is also to be noted that if the offense from the employer’s side is proved may result in cancellation of trade license and also imprisonment for a period of 2 years or even lift time imprisonment if the severity of damage caused in extreme (COVER Publications, 2016). Therefore Princess Louise pub must embed the above stated policies in order to safeguard its business from issues arising from consumer protection.

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

A policy plan: Alcohol Weights and Measures Policy for the staffs in pub responsible to sell alcoholic drinks to consumers
It is the key responsibility of the bar and pub staffs to ensure that the alcohol served to the customers for consumption should be of standard quality and should be served according to the quantity measurement chart placed. Hence it falls within the professional obligation of the bar attendant to follow the liquor measurement guidelines while serving such products to the customers.
The quantity of serving is mentioned below for each category of alcoholic drink:

• Beer and cider: to be served in a third of a pint or maximum two-third of a pint. The liquor measurement containers should be with a stamped brim measure.
• Spirits: 25ml to 35ml is the quantity of drinks to be served in case of spirits like vodka and whisky. Clear display of alcohol measurement criteria should be made in the pubs and bars. Important to note water added in such alcoholic drinks should not be counted as a quantity of liquor measured.
• Wines: 250 ml, 500ml and 750ml are the measured amount of wine that can be served.
• Shandy and perry: metric one is the quantity permitted for sale in case of both shandy and perry.
• Customer awareness:  It is the duty of the bar attendants to inform the bar customers regarding the availability of alcohol and also the liquor measurement quantity should be communicated (Gov.uk, 2016).
• Important:The Designated Premises Supervisor or DPS should practice regular surveillance to check whether the pubs and bars are selling alcohol in compliant to the liquor measurement policy. Breach in policy if proved may cause the bar owner to address the legal compensations directed.
• Justification of the above stated policy: As it is an illegitimate act to serve alcohols without following a particular liquor measurement criteria the above mentioned policy can be helpful for the bar attendants while serving such drinks. By implementation of the above mentioned policy proper regulation can also be achieved about use of proper equipments to measure the alcohol. For example beers must be served following measurement in a metered pump or stamped glass. Hence this particular policy is quite reasonable with respect to Weights and Measures Legislation.

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Task B

The answers of task B shall discuss the key components present in the range of regulations, the duties and responsibilities o a manager appointed in licensed premise and also a risk assessment for a particular type for licensed premise.

P 3.1 Discuss the key components of a range of regulations.

Prevention of crime and safety of children is the primary objective of the regulations formed for licensed premises. Such regulations should be compliant with the legislation of the country and also to the European directives. Hence the different types of legislation that is operational in this respect are:

• The Licensing Act 2003:The legal guidelines offered by this Act have provisions regarding the sale of alcohol and provisions of entertainment and serving of late night refreshments. Also this Act is inclusive of addressing the offences related with alcohol and also aid the licensing authority to obtain a premise license. Under this Act, the premise license holder owns the right to include activities like live music, dance, exhibitions, playing of recorded music. The premise license holder is also entitled to incorporate late night takeaways and fast food outlets into his business (Licensing Act 2003, 2003).
• Consumer protection from Unfair Trading Regulations 2008:According to the legal guidelines included in this regulation it is mandatory to embed full product information while selling a product. Also the practices of delivering misleading information to the customers, bait or false advertisement are considered as legally objectionable practice that may subsequently lead to cancellation of trade license (Consumer protection from Unfair Trading, 2008). Therefore Princess Louise pub should remain informed regarding the legal consequences as mentioned in this segment.
• The Children and Young Persons (Protection from tobacco) Act 1991:These legal principles of this said Act prohibit the sale of tobacco and alcoholic product to a minor individual. Also according to this Act, the tobacco vending machine must essentially display that the use of this machine is restricted only to the adult individuals (Legislation.gov.uk, 2016).
• The Health and safety at Work Act 1974: workplace safety is ensured through this Act wherein the employers running a business organization should remain aware regarding the safety concern of its employees. Hence according to this Act, policies should be incorporated by the business organization along with providing proper training to the employees (Hse.gov.uk, 2016).
• COSHH (The Control of Substances Hazardous to Health Regulations 2002): this particular regulatory system act as a guiding line responsible to safeguard the employees from the risk of use of hazardous substances. Hence the European Union Directives has considered breach incidents as a punishable offense (Hse.gov.uk, 2016).

P3.2 Discuss the duties and responsibilities associated with the management of licensed premises.

The Licensing Act 2003 has given a broad elaboration regarding the duties and accountabilities of the managers associated with licensed premise. It can be stated that minimising the occurrence of risk related incidents is the key objective of the management wherein the staffs are trained to recognise and address the risk that are vulnerable to such licensed premises. For example the staffs dealing with the food department of the licensed premise should emphasis on maintaining the quality standard of the foods served to the customers. The British Institute of Innkeepers or BII provide adequate training to food handlers in this respect.  Furthermore the licensed premise holders should also essentially execute the task of effective risk assessment with an objective to mitigate the occurrence of risk related incidents (Lashley and Lincoln, 2003). As a part of risk assessment procedure the managers of a licensed premise should develop a written policy with making its employees informed regarding the policy details. The example of emergency fire break out can be taken addressing which a policy should be pre formulated that   document the steps to be taken to control fire. Also lowering the chances of fire breakout in a licensed premise should also be included within the said policy. Additionally the staff associated with a licensed premise should be provided with a written copy of licensing law and a note of risk management prior serving the customers with alcohol. However keeping of records regarding the business operational activities is also a must in   this respect. Moreover the premise license holder is also accountable for timely closure of the restaurant or pub and should also keep the restaurants and pubs closed on public holidays (Denton, Raleigh and Singh, 2009).

Another key responsibility of the managers of licensed premise is to install and follow the footage of CCTV camera which is one of the most effective surveillance approach particularly in hotels and pubs. Ensuring the safety of children is also another prime responsibility of the managers is licensed premises particularly in case of hotels.

P 3.3: Risk Assessment for Licensed Premises

This cited grocery shop is a family business of Mr. X and has 5 employees associated to it. The shop being located in a busy area of the city remain open 24x7.The shop premises include a basement, a goods storage room, wash basin and a toilet.

P 3.4 Evaluate the impact of food safety and hygiene legislation.

Safe manufacture, processing and consumption of the manufactured foods within the United Kingdom are regulated by the legal guidelines of food safety legislation. The distribution and or the retails engaged in manufacture, processing and sale of food products should remain compliant with the above stated legislation. The practice of safe handling of food is also another key aspect with respect to maintenance of food safety and hygiene. From 1^st January, 2006 the 2006 Food Hygiene Legislation came into effect applicable for the business organizations concerned with manufacturing and sale of various food products. The tasks of food production, processing, distribution, retail, packaging, labelling, supplying, storage and handling of food should be in accordance to the 2006 Food Hygiene Legislation. Important to state that this legislation has exerted a significant impact on the areas related with food service and also the individuals involved in this sector (Food.gov.uk, 2016). The duties of the food service providers and food handlers are also specified in this legislation. Hence the major duties of the food service providers include ensuring the hygienic way of food selling, proper identification of the food safety hazards, implementation and effective regulation of safety controls, proper registration. Apart from this it is also essential to provide adequate training to the food handlers along with providing them with proper instruction manual. The managers associated with this area should also have an in depth knowledge about the HACCP principles (Holah and Lelieveld, 2011).

Therefore the food service providers should also accompany a written copy of the food safety hygiene policy while performing their respective professional duty in a bar or a restaurant. The staffs should actively participate in effectively operating the food storage methods like keeping temperature control of the storage units, cleaning the storage units. They should also be active in regular surveillance and risk assessment to prevent the occurrence of contamination in the food products. Important to convey that an adverse effect in caused over a pub or a restaurant if the concerned license premise do not follow the guidelines of the above stated legislation. The reputation of a restaurant or pub comes to a stake in such cases. In extreme condition, the trade license and the premise license is cancelled.

4.1 Justify the responsibilities of employer in the employment of staff.

Providing a safe working environment for the working force is the sole responsibility of the employer in every organization and the license premise is not an exception to this. Affirming employee health and safety by the employer is effective in bringing sustainable business performance and also reflect a healthy and positive organisational culture. It is the responsibility of the employer to keep its working force informed about the workplace related risks and also trains them to mitigate the said risks. The employers hence should remain complaint with the Employer’s Liability Act 1969 that has developed guidelines to restore employee health and workplace safety (Act, 2016). Apart from this the Health and Safety at Work 1974 is applicable in United Kingdom that include the guidelines towards employee health and workplace safety practices. The statutory maternity leave is also important in this respect wherein a female employee on maternity leave should be entitled for 52 weeks of leave with a statutory maternity pay. However in case of employee engaged on full time and contractual basis the concerned employer is accountable to deliver a written statement of employment to the employee and should also pay the employee in accordance to the nature of employment. Furthermore it is the responsibility of the employer to provide statutory sick pay or SSPO and maternity, paternity and adoption pay to both the regular and contractual employees (Collins, Davies and Rideout, 2000).

Considering the health and safety issues of the working force regular health checks of the employees should be conducted. The employees should also emphasis on keeping the records of workplace accidents. The Health and Safety at Work act 1974 include numerous regulations like Personal Protective Equipment at Work Regulations 1992, Fire Regulatory Reform Order 2005 and the Control of Substances Hazardous to Health or COSHH regulations (Hse.gov.uk, 2016).

4.2 Discuss the key aspects of discrimination legislation.

Workplace discrimination based on gender, age, ethnic and socio economic background is considered as an illegal act and numerous laws have been defined to prevent such discrimination in the professional domain (Paludi, Paludi and DeSouza, 2011). The previously effective anti-discrimination legislations have been replaced by the Equality Act 2010. This particular Act address all the aspects of workplace discrimination and is comparatively simpler in nature however prior to the implementation of the Equality Act 2010 a numbers were operational that focus on diverse aspect of workplace discrimination (Equality Act 2010, 2015).

The Sex Discrimination Act 1976 focussed to address the incidents of workplace discrimination based on gender (Bourne, 2000).

The Race Relations Act 1978 is applicable to prevent workplace discrimination in accordance to variation in ethnic background and skin colour (Patay, 2016).

The Disability Discrimination Act 1995 was evident to focus on prohibition of workplace discrimination based on physically handicapped conditions of the employees (Rnib.org.uk, 2016).

The above mentioned acts were finally substituted by the Equality Act 2010 and according to this Act it is unlawful to discriminate employees based of their ethnicity, age, gender etc and is applicable in both public and private sector organizations. Important to mention this particular act also    considered the practice of making pay secrecy clauses unenforceable. This Act also extended with protection in the private clubs wherein discrimination based on sex, ethnic background is prohibited. Hence through the implementation of the Equality Act 2010 has contributed in fostering good and healthy relation within the employees.  However it is essential to understand that certain exceptions are still prevalent wherein the Equality Act 2010 cannot be applied. The practices of offering age-based concessions, age related holidays, age verification, club and association concessions, financial services, immigration, residential parks are example in this respect where exceptions to legal application of age discrimination is evident (Appleby, 2008).

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Conclusion

On the concluding ground it can be stated that each of the task questions has been addressed with utmost sincerity. Emphasis has been given to understand the various aspects of licensed premises and its legal implications. Apart from this an elaborate note has been produced regarding the legal implication s of food safety act and workplace safety act. Hence it can be inferred that the owners of licensed premises should remain aware about the liabilities of the employer towards its employees and also regarding the managerial duties.

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