Analysis of Licensing Laws and Regulations

The provided document is a compilation of research on licensing laws and regulations in the United Kingdom. It includes various references from reputable sources such as Law Society, Home Office, Hospitality: New Zealand, ICAEW, Legislation.gov.uk, NHS Health Scotland, Wetherspoon, and others. The assignment appears to be related to understanding UK company law, alcohol policy, responsible sales and service of alcohol, and the impact of local alcohol licensing policies on reported crime rates in England. It is likely a past paper or solved assignment for students, providing valuable insights into the legal framework governing licensed premises in the UK.

Running head: Hospitality
Hospitality - Law for Licensed
Premises

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Executive Summary
The businesses which operate in the food and beverage industry in United Kingdom are
governed by numerous laws and regulations pertaining to food safety and its licensing. One of
the legislations is Licensing Act, 2003. It came into force in 2005 and was implemented with the
intention to avoid disorder and safeguard the customers. The act requires each premises
executing licensed activities to have a premises license. Also, the regulations are stated about
the commercial transactions of alcohol, the provisions for entertaining and midnight food and
drink and the offenses related to these activities.
In this context, J D Wetherspoon plc. , a pub company operating in UK and Republic of Ireland
would be analyzed regarding the applicability of the related laws and regulations. It was founded
in 1979 by Tim Martin. It owns 1000 outlets including the chain of Lloyd’s No 1 bars and the
chain of Wethersoon hotels. Its headquarters are situated in Watford and is listed on the London
Stock Exchange.
Wetherspoon is governed by several food laws such as The Food and Safety Act, 1990, an act
passed by UK’s parliament. It is the responsibility of the pub to treat food which is prepared for
the customers in an organized and regulated way. The major aspects of this act are that the
preparation of food should be according to the food safety regulations and in compliance with
the features, components and desired quality. It should also be appropriately labeled.
So, in this report, several legislations which govern the pub operating in the food and alcoholic
beverage industry in UK would be stated .Whether it is complying with the prescribed
regulations would also be analyzed.

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Contents
Executive Summary.......................................................................................................... 1
Introduction.................................................................................................................... 3
Assessment of the consequences of providing consumers with misleading information.......................4
Evaluation of the extent of employer’s liability in the protection of consumers.................................5
Planning a policy which ensures that all aspects of weights and measures legislation are implemented in
Wetherspoon.................................................................................................................. 6
Key components of a range of regulations..............................................................................7
Duties and responsibilities associated with the management of licensed premises..............................8
Evaluation of the impact of food safety and hygiene legislation....................................................9
Responsibilities of Employer in the Employment of Staff...........................................................9
Key aspects of Discrimination Legislation............................................................................10
Conclusion................................................................................................................... 12
References............................................................................................................... 13

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Introduction
J.D. Wetherspoon plc. Also known as Wetherspoon is a pub organization conducting its
commercial activities in the Republic of Ireland and UK (Wetherspoon ,2015). As it operates in
the hospitality industry, it should comply with laws related to food and safety. It continuously
attempts to improve the quality of food and drinks offered to its consumers. The stakeholders are
informed about the consumption of food and its nutritional values. Additionally, a different menu
has been designed for the kids below the age of 10 years or those who intake a less diet.
The company is governed by the laws regulating the food and alcoholic beverage industry. One
of the laws is Licensing Act, 2003. The act governs the commercial activities related to alcohol,
mid night entertainment, the refreshments and the omissions and commissions relating thereto.
The act regulates the commercial activities which are licensed and consisting of the provision of
entertainment and late night refreshments along with sale and supply of retail liquor through or
on behalf of the club. The companies transacting in these activities must acquire a license
monitoring the premises. Every licensed premise must employ a designated premises supervisor
(Legislation.gov.uk, n.d.).
Another act governing the company is Food Safety Act 1990. The act consists of the framework
for all food regulations in UK. The main guidelines of this act are that the eatables should be
according to the safety regulations and should comply with the guidelines related to features,
components and preferred quality. The packed food should be appropriately labeled. The act
consists of the events related to the delivery chain of food comprising of its preparation to
trading and supplying. The Food Standards Agency is the chief division of the administration
which is responsible for formulating specified rules under the act (Food Standards Agency,
2015).
So, in this report the regulations which are applicable on licensed premises transacting in
alcoholic beverages would be analyzed. Similarly, if the pub acts in accordance with the stated
guidelines or not would be assessed.

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Assessment of the consequences of providing consumers with misleading information
As per section 15 of the Food Safety Act 1990, any person who advertises or labels the food in
such a way that it incorrectly explains or deceives the customers concerning its features,
elements or preferred quality is affirmed as guilty of an offence. It happens when the statement
is wrong or the pictures of the food are projected in an influential way. The commissions also
comprise of the cases when the goods are correctly shown but the consumers are provided the
For example, when the picture of the food are shown in a way that they do not constitute cream
but are projected in such a way that shows that they contain cream. The consumers would be lead
to an incorrect conclusion in this way (Murphy et al., 2016).
For the criminals in Wales and England, Courts may announce the sentence for two years and
levy a monetary penalty of unlimited magnitude. The Magistrate courts may penalize for an
amount up to £5,000 and or an imprisonment which may extend up to six months.
Furthermore, as per section 10 of The Consumer Protection from Unfair Trading Regulations
2008 No. 1277, when a businessman is found guilt-ridden of his being involved in a way which
is misleading as per regulation 6, he would be punished on a summary conviction to a fine not
more than the statutory minimum or on a conviction to a fine or imprisonment of not more than
two years or both (Degrauwe and Brengman, 2014).
As per the Food Labeling Regulations 1996, u/s 44 if any person transacts in any food products
which are not labeled or registered in accordance with the provisions of Part II of the
guidelines, transacts or advertises the edible stuff pertaining to which a claim is made and
branding or description of the title is used which is conflicting to the guidelines of Part III of the
regulations. If the person transacts in the food which is prepared from vending machine and it is
inconsistent with regulation 29 or transacts in the food which has expired , then whether he is
a producer, packer or a vendor , he shall be declared guilty of a wrongdoing. He shall be
punished on account of summary conviction to a monetary penalty which does not exceed level 5
on the standard scale (Vocht et al., 2017).

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Evaluation of the extent of employer’s liability in the protection of consumers
According to Legislation.gov.uk (n.d.) the steps which the employer must take to protect the
consumers and for the prevention of risk are that he is responsible for the care towards the
customers and guests on the properties of the company. He is accountable to initiate a risk
assessment to track the possible hazards for the security and safeguarding the clients and
employees. The employer shall appoint competent person who should be allotted the
responsibility of the health and safety of the workers whom should be nominated from one of the
employees of staff who is skilled in health and safety.
As per The Food Safety Act 1990 u/s 33, any person who transacts in any food which is not of
the feature, constituent and preferred quality by the customer is guilt-ridden of a fault.
The advantages pertaining to following those steps are it will increase the goodwill of the
company which will help in enhancing its sales. The disadvantages are Wetherspoon will be held
liable for any misconduct happening at the workplace negligibly or deliberately according to
Consumer Protection Act, 1987(Legislation. gov.uk, n.d.).
Thus, Wetherspoon is liable to comply with the appropriate provisions on Food Safety and the
obligation of the employer in protection the customer’s welfares. It should enhance the value of
food being presented to its consumers and to keep them well-versed about the range of the
products offered. It should declare the nutritional information of the food comprising of fat
content, calories and salt on the website of the company and its outlets. Additionally, the
amount of calories should be in the menu along with the food items (Martineau et al., 2013).
The statistics related to 14 common allergens should be exhibited on the website and on all its
outlets. There should separate set of menus for vegetarians, vegans and for consumer’s avoiding
gluten or dairy products. Also, the Public Health Responsibility Deal which was introduced in
2011 should be supported by the company.
The pledges pertaining to Calorie Reduction, Salt Catering: Reformation of food as procured by
the consumer and Salt Reduction should be abided by the company.

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Planning a policy which ensures that all aspects of weights and measures legislation are
implemented in Wetherspoon
The Weights and Measures Act, 1985 is an act which is passed by the British Parliament
explaining the rules pertaining to weights and measures. As per section 1 of the Act, yard or
meter shall be the unit for measuring length and pound or kilogram shall be the unit for
measuring mass. Furthermore, 1 yard shall be equivalent to 0.9144 meters exactly. The pound
shall be equivalent to 0.45359237 Kilogram exactly (Gov. UK, n.d.).
In Wetherspoon, the policy regarding the Measures and Weights Legislations can be
implemented in the following ways:
According to Chartered Trading Standards Institute (2018) there are regulations under law for
particular kinds of hard drinks and the quantities for commercial distribution and trading. These
are implemented on fortified drinks such as port and sherry, whisky, rum, vodka, wine, cider,
gin, beer and lager.
In Wetherspoon, the sale of cider, lager and beer can be made in the quantities of 1/3, 1/2, 2/3
and multiples of 1/2 pints. However, these are not applicable when these drinks are mixed with
other drinks. All the equipment and glasses used for measuring the drinks should be government
stamped.
Gin, rum, vodka and whiskey should be served in glasses in the quantities of 25 ml, 35 ml and
multiples of 25 ml or 35 ml. The quantities should be traded uniformly in all the bars of the same
premises and the customers should be notified specifically updating them about the quantities
being used.
If wine is sold in a glass, then the standard unit of measurement will be 125ml, 175 ml and in
their multiples. The quantity of wine must be clearly mentioned in the menus, price list or on a
displayed notice.
Fortified wine must be sold in the quantities of 50 ml or 70 ml. The consumers must be well
informed about the quantities of fortified wine (Fitzgerald et al., 2017).

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Key components of a range of regulations
In the context of licensed premises, the main constituents of the regulations regarding health and
safety policies are as follows:
1. Emergency Services: The owners of the licensed premises must check regularly that the
arrangements in case of emergency are properly placed. For example, all the doors and windows
built for the purpose of urgency are opened freely and fully, the working of the fire alarm is
efficient or not and the fire extinguishers are placed properly or not.
2. Safe Working Environment: It is necessary for all the bars, pubs and hotels having more than
5 workers to execute properly structured and policies are documented pertaining to the protection
of consumers. The policy should include provisions for emergencies, servicing of dangerous
machinery, safety audits and mechanisms for reporting accidents. Also, the managers are
responsible for providing proper training and making first aid arrangements (NHS Health
Scotland, 2016).
3. Noise: According to the Work Regulations Act 1989, the manager of the registered company
is responsible for making suitable arrangements for the workers and consumers where there is a
possibility of ear-splitting sound. For clubs, bars and pubs, they should enact appropriate
guidelines to lessen the noise.
4. Hygiene and proper disclosure: The owners of the licensed premises are responsible for
providing secure and hygienic condition to consumers and employees. They should adopt
appropriate safety measures to prevent possible injuries to the visitors.
5. General Food Law Regulations: These regulations ban the trading of unhygienic food in the
market because they are harmful to the wellbeing and unhealthy for consuming. The food which
is sold in the market should be labeled properly and the advertisement and marketing should not
be such that it misleads the consumers. Article 14, Article 16, Article 18 and Article 19 of the
General Food Law Regulations must abide by the General Food Regulations 2004 and Food
Safety Act 1990 (Bowie, 2013).

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Duties and responsibilities associated with the management of licensed premises
Along with the appointment of Designated Premises Supervisor, the organization is also
accountable for providing protected surroundings to ensure the welfare of the customers and
staff. The Licensing Authority grants the license and it is governed by Licensing Act 2003. In
this regard, the main responsibilities and duties of the management are as follows:
1. The management should abide by with the provisions related to eth company law ICAEW
(2018). They should work for the benefit of company and customers. Also, confidentiality factor
should be maintained by the employees of the company.
2. Assessment of risk should be done for prevention of damages in forthcoming activities.
3. The management should act according to the directions of the owner or the Designated
Premises Supervisor for proper conduct.
4. The management should not furnish misleading information which is prejudicial to the interest
of the company.
5. The employer is liable to supervise the acts of the subordinates to prevent mismanagement.
6. The management shall prevent crime and disorder on the premises by implementing proper
disciplinary policies and regulating the staff members.
7. It is the duty of the management to make sure that the customers and workers are safe.
8. The management should avoid mismanagement and safeguard the youngsters from injuries on
the premises of the company (Butler et al., 2017).
9. The management must update and renew the license of the organization from time to time and
must comply with the provisions and amendments of the applicable acts including the Licensing
Act 2013.
10. Also, the management must ensure that the organization acts according to the Food Standards
Agency and the food safety standards. It comprises of safety of foods which are consumed,
knowledge of the sources from where the food is procured and the rating of food hygiene on the
premises of the organization (Sprenger, 2012).

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Evaluation of the impact of food safety and hygiene legislation
The Food Standards Agency is accountable for ensuring food safety and hygiene in the
organization operating in UK. It assists the food related business for producing and selling
quality and safe food. Also, it works with the local authorities to ensure that the produced food is
aligned with the safety regulations (Hospitality: New Zealand, 2014).
The provisions relating to the food safety and hygiene legislations are established by the UK
administration to safeguard the interests of the customers. These guidelines have an impact on
the operations of the licensed premises as they are bound by the act to abide by the legal norms
in order to prevent penalties and claims. The management provides guidance to the staff
members so that they comply with the code of conduct. According to the regulations of the food
safety guidelines, the registered company is liable to provide quality and safe food to its
consumers (Hewitson, 2013).
Additionally, the food safety guidelines also provide the regulations regarding food hygiene
which motivate the organization to provide safe working environment to its staff members. To
accomplish this purpose, the safety audit is conducted by the management for regular
examination of the activities of the organization. These policies direct the management of the
pubs and bars dealing in alcoholic drinks to label them and to provide proper information
regarding the value and measurement of these drinks .Moreover, as per Hazard Analysis Critical
Control Point (HACCP), appropriate measures are taken by the management to avoid damages
and to decrease the threat relating to the surroundings (Kolvin, 2013).
Responsibilities of Employer in the Employment of Staff
According to Home Office (2015) the manager is legally accountable for safeguarding the
wellbeing and protection of the employees. The managements should be answerable for
regulating and reducing the risk. A health and safety strategy shall be implemented to eliminate
the work-related hazards and safeguard the employees from them. The management shall
provide protective tools to the employees free of cost.

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The employer is liable to authenticate and examine all the documents of the employees prior to
their appointment on the premises. It would ensure their relevancy and reliability. Also, the
employees should be appointed only if they possess the appropriate academic and training
qualifications. For example, if an employee is appointed for trade or distribute the alcohol in the
licensed premises, then he should be major and properly qualified for this activity. The employed
person should have taken the nationally accredited training (Muhunthan et al., 2017). The
employer is liable for the act of the employees, so he should make enquire properly before
appointing any employee. In this way, the organization will have efficient staff which would
result in less risk of injury to the customers and other staff members.
The employer should train the employees to create an environment which is free from health and
safety hazards. The staff members shall not be forced to work in an environment which is prone
to health and safety hazards. There shall be provisions regarding the breaks at adequate intervals
within a day for the employees and weekly holidays shall be provided to them. The salaries
provided to them shall be according to the national wage standards (Murphy, 2015).
Key aspects of Discrimination Legislation
Discrimination Legislation is one of the important laws in UK which safeguards the citizens
from prejudice in work place and society. It is essential to treat all the workers in the company in
the same way. Job must be accessible to all the employees irrespective of their age, incapacity
and other inequity. As per the Equality Act 2010, the employees are protected against any
discrimination occurring on the workplace or in the society. Also, the Race Relations Act 1976,
the Disability Discrimination Act 1995 and Sex Discrimination Act 1975 safeguards the workers
against the favoritism made on the basis of sex, race, color and disability (Harwood, 2016).
According to the Act, biased behavior of manager based on the age, gender, religion and status is
not acceptable. It is illegal and has several monetary and penal punishments. This law is
established with the intention to safeguard the workers from unfair judgments. It comprises of
inappropriate terms and conditions, trainings, promotions and demotions transfer, factors of
dismissal and other partial acts. If the manager is involved in such acts then he shall be liable to
pay the penalties or get his license revoked. The employer is also liable to compensate the

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damages to the victims else he will be imprisoned for a time period as mentioned in the act (Flint
et al., 2016).
Besides this, the act also restricts the prejudice in accessing the goods and services, education
and employment etc. The organization cannot deny proving food to the customer on the ground
of his age, race and gender except when it is rational by the regulation or is in the interest of the
community. A licensed premises serving alcohol can refuse serving it to a minor or food to a
citizen of an enemy nation (Deveaux, 2015).

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Conclusion
Thus, from the present project report, it can be concluded that license is mandatory for the
organizations the activities of which are covered under the Licensing Act 2003. The Designated
Premises Supervisor and individuals possessing the license are accountable for safeguarding and
protecting the interest of the customers. If the organization provides misleading information to
the consumers, then it has to face adverse legal consequences. Also, the consumers can avail
beneficial remedies. If the act of the company leads to loss to the consumers financially, then it
has to compensate the consumers and it will also be penalized by the regulatory authorities.
The organizations carrying the activities mentioned under the Licensing Act 2003 must obtain
license by following the legal procedures. They are liable to obtain a personal license to execute
their commercial activities in the specified jurisdictions. A business trading in the supply and
sale of edible stuff must abide by the regulations of Health and Safety at Work Act 1974 and
Control of Noise at Work Regulations 2005.
The Food Standards Agency ensures safety and hygiene in the work places in the country. As per
these regulations, the manager is accountable by law for wellbeing and protection of the
employees at the work place. It is the obligation of the employer to inspect the activities of the
subordinates to prevent mismanagement and to apply the policies which are established by law
in the routine activities. Also, according to Equality Act 2010 the employees are protected
against any discrimination occurring either in the society or in the organization.

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References
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Premises. City & Guilds.
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