Gambling Regulation and Law

The assignment delves into the legal framework surrounding gambling in the UK. It examines various aspects, including the Gambling Act 2005, Advertising/marketing rules and regulations, consumer rights related to gambling, and the responsibilities of licensed premises in selling alcohol alongside gambling activities. The document also highlights issues like misleading 'free bet' offers and emphasizes the ethical considerations within the industry.

Law For Licence Premises

TABLE OF CONTENTS

INTRODUCTION
Licensed premise would be meaning that area in which person who be able to supply
alcohol or any other thing which have been considered to as special so that others could
consume them. In UK it is an establishment which will be dealing with alcoholic beverages,
tobacco or even guns are permitted to be retailed and consumed (Licensed premises. 2018).
Likewise, in UK if any bar or hotel would be engaging in Gambling then thy would be requiring
a licence for then same which means that after obtaining a Gambling Licence it is not illegal in
UK. If they also want yo have facility of remote gambling which is online then there would be
essential for them to get licence. Th present report would be covering important duties and
responsibilities which will be protecting staff and consumers of hospitality industry consent with
health and safety of food. How staff of a hotel which is serving alcohol and taking place
gambling within its premises should consider will be handling their customers.
TASK B
2.1 Assessing consequences of providing consumer with misleading information.
Gambling Commission of UK will be regulating and entailing use and practice of
gambling within premises of hotel or casinos (Advertising/marketing rules and regulations.
2018). Which is as per Gambling Act 2005 of UK all laws and regulations are been laid down
especially protecting children and vulnerable adults and this would also be regulating internet
gaming sector within UK. However, it is very much clearly stated in the Part 16 of Gambling Act
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2005 that all those who are engaging in gambling of any kind whether non remote or remote.
They are having duty and responsibility that they are following advertising rules and regulations
which is complying with UK advertising codes issued by committees of Advertising Practice
(CAP) which is been regulated under Advertising Standards Authority (ASA).
There is rule that they could not be engaged in misleading of information which are been
provided to customers in regard to gambling and its provisions. At the time of advertising or
marketing communication of these gambling act and licences ASA will be taking Consumer
Protection from Unfair Trading Regulations 2008 so that consumers are not been misguided. The
whole industry of gambling would be responsible to follow social advertising under the code of
conduct (Buyucek, Knox and Rundle-Thiele, 2018). This is very much important that all
advertisements which are related to gambling must not directly associating young person or
children this is their duty to take care of any advertisement which is appealing children under 18
of age.
It is also required that advertisement which are related to gambling must also not be
showing any child of below 18 years of age. They must not be used as marketing material in
these kinds of advertisement under 25 years of age youth should also not be featuring into any
main role in ad which are related to gambling. Any kind of information which is mentioned in
marketing communication should not be misleading one all the purpose and aims must be clearly
stated within this advertisement. If any person is found guilty of offending or violating any rule
related to this then under subsection 5 of the Gambling Act he would be liable to imprisonment
for about 51 weeks, would also be fined for the same which is not exceeding level 5 on standard
scale or it could be both as well (Nagur, Kumar and Puranik, 2018). If that person is committing
this offence under this particular section then he would be committing this offence each time
when it is displayed or made accessible.
2.2 Evaluating extent of employer liability in protection of consumer.
Majorly it is the liability of employer or manager of that particular hotel at the time when
they are advertising about their gambling business in UK (Gambling Act 2005. 2018). The unfair
trade and practice will be at that time when employer would fail taking into account good care
for activities that they are been practising. The Consumer Rights Act would be protecting rights
and duties of consumer which is existing in whole of UK and enforced from 1st October 2015. It
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was also seen that many of the betting or gambling firms are trapping money of players or
consumers so that they could be able to play for longer duration and companies would be gaining
higher profits from this. With promotion mode companies which are indulging into this
Competition and Markets Authority (CMA) in 2016 under their investigations noticed that about
£4.7 billion online gambling sector was violating consumer protection law (Gambling
companies must end misleading 'free bet' offers, competition watchdog warns. 2018). It was also
stated that if gambling sector is indulging in such type of activities which are against consumers
and their protection then company would be facing regulatory action from Gambling
Commission. Certain other liability of employer or manager at hotel in respect of protection of
consumer would be as under:
 In respect with the duty of employer Local Authority Trading Standard service, Office of
Fair Trading and Department of Enterprise, Trade and Investment should be enforcing
Consumer Protection Rights Act in UK.
 If there is any breach of duties of employer then above said authorities will be liable to
take criminal prosecution.
 Any kind of proof that would be stating that employer has violated rules and regulations
must be there.
 If company is found guilty in doing wrongdoings then fine is unlimited the officer or
employer or that particular company would be solely liable for 2 years or imprisonment
and fine or both.
 But on part of that consumer who is affected by this or he has caused any loss then he
could not claim for compensation for any harm or loss to him.
Boss obligation is a law ordered under the respondent predominant teaching of precedent-
based law that joins duty to a business for the activities of their workers, subordinates or any
outsider who was entitled or had the obligation to control the activities of a violator. In specific
situations, managers end up responsible over the carelessness of their own workers, through the
idea of vicarious risk. This obligation is just practical over the span of a representative's business.
Preferred standpoint
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1. The inn directors are at a superior position to attest the idea of the hazard and take activities
that can help decrease or counter dangers, for instance utilization of protection approaches.
Drawbacks
1. It realizes potential contracting parties who could wind up being vicariously at risk
should they sign an agreement, to squander endeavours setting up the degree of their
obligation presentation.
2. It blows up the managerial charges for utilizing the legitimate framework achieved by the
quantity of offenders named in deeds asserted by casualties. Business risk serves to
ensure customers who have been disregarded against. The proposed change was to
guarantee that every single disregarded gathering have been compensated. This change
happens when this law is upheld. This is on the grounds that at exactly that point are
bosses at risk over the activities of their workers throughout benefit. The influenced
gathering will be advocated by this law.
2.3 Planning policy for ensuring all aspects of weights and measure legislation are implemented.
In UK Weights and measure legislation was enforced The Standard of Weights and
Measure Act, 1976 which would be including different types of weights and measure that hotels
serving alcohol need to use. There are various type of beverages which are served by hospitality
industry to their customers but all of them are specified that in what quantity could they be
served. Beverages could be served by them into their premises but only after obtaining proper
licence and that too in specified quantity only (Weights & measures requirements. 2018). This
especially apply on certain beverages that fall into alcoholic drinks like beer, lager, gin, rum,
vodka, whisky, wine, cider, sherry and port. Other than these cold drinks, juices, water, tea or
coffee or any other drinks would not be having any specified quantity to be served with hotel.
Type Quantity (any one of them)
Beer, Lager and cider 1/3 pint, ½ pint, 2/3 pint and multiple ½ pints
Gin, rum, vodka and whisky 25 ml, 35 ml and multiple of both
Wine 175 ml, 125 ml and multiple of both
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3.1 Discussing key components of range of regulations.
All the hotels which are been running on regular basis must be following certain rules
and regulations so that health, safety and hygiene within organisation is been maintained. If the
business is, dealing within hospitality industry then it becomes more important that they are
regulating all health and safety rules (The Consumer Rights Act: consolidating UK consumer
protection laws. 2018). There are certain important points which need to be kept in mind if they
are dealing with food and beverages.
 The food which they are dealing with should be safe in eating.
 It should not be treated in way which could be harmful to eat or digest.
 At the time when food is represented and at time when it is been served by hotel must be
same.
 There must be no misleading or misrepresentation of food at time of advertisement,
labelling or marketing.
 After purchasing of food items everything must be recorded so that they are having
correct information about and if any higher authority is in demand of this information
then they should be provided for same which is called traceability.
 If company found any food items to be spoiled or unsafe to eat then the same must be
informed to public by leaflet or poster.
 The additive food which is to be used in making any food then only approved food
additive should be used and that should also be below maximum limit.
Under General Food Law Regulation 2002 states that all food should be complying wit
h regulating acts and legislation of safety of food, traceability and withdrawal of unsafe food
(Elgan and Gripenberg, 2018). All these things are been underlined in this regulation in different
articles:
 Unsafe food which could be injurious to health and not good for human consumptions are
been laid down in Article 14.
 All food items which they are dealing with must be properly labelled and marketing
should also be done in proper way which is not misleading public under Article 16.
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 Traceability should be maintained within organisation and the same should also be
provided in form of information to competent authorities which is as per Article 18.
In Food Standards Act 1999 it will be concerning about the powers and functions in
regard to food safety. In the production processing and retailing or that of packaging labelling of
food would also be governed by numerous laws, regulation and code of practice.
3.2 Discussing duties and responsibilities associated with management of licensed premises.
At the time Gambling Act come into force it formed a commission which was set up
nationwide to look up for cases related to gambling but afterwards its also created local
regulators. All of them were managing gambling on local level accordance with general
circumstances. At present there are 380 licensing authorities in total covering all parts of UK,
Wales and Scotland (Gaming managers and employees. 2018). So it is duty and responsibility of
gambling managers that they are following all steps and procedures while obtaining licence and
while operating casino or hotel which would be engaging into remote or non remote gambling.
The person or manager who would be liable in taking licence of area which would be indulging
in activities related to gambling and he is called to as licensee. As under his name only licence
would be issued by authorities who is liable to do so.
After they are been given with licence then it is important that they are performing
certain duties which only licensee is having power to do so.
 Paying of winning amount.
 Opening of safe and secure area that of gaming machine.
 Power of removing any unlawful person from that gaming area who is not behaving
properly or would be performing in offensive way (Cameron, Roskruge and Miller,
2018).
 If the gaming machine which is operating within premises and it is also cashless one then
manager is responsible for certain acts:
1. Helping person who is using that machine.
2. Helping that person in using cashless gaming system within store which will also
be transferring value from his account to gaming machine.
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These all above stated are duties of manager who is employed in that gambling area or
gaming machine but there are also some responsibilities which they need to follow. Like they
need to look and maintained all records which will be helpful for supervising committees or
Gambling commission. Records of all kinds of suspected problems or activities which happened
within premises, reviewing parts and all undertaken steps to stop the activities, behaviour of
gamblers etc., If one gaming manager is having licence of one part and he is operating within an
area then they are prohibited in going or operating any other gaming machine or venue. Manager
should be at all time attending gaming machine his presence before this machine is very much
important any employee of that gambling area is not having rights to supervise.
The Management of the Health and Safety at Work Regulations 1999 requires the
businesses to regard dangers at its representatives and do a hazard administration to spare their
workers from mischief of sensibly predictable viciousness. This looks at to settle on with
reference to what perils exist in the working environment. The business might perceive the issue;
record the episodes, arrange the vicious occurrences, at that point look for preventive measures
for the same, at that point execute those measures. The supervisor is in charge of the consistence
with the states of the permit and arrangements of the Sale and Supply of Alcohol Act 2012,
which incorporate guaranteeing the sheltered and mindful deal and supply of liquor and limiting
liquor related damage. The licensee must exhort the DLC and police inside two working days of
the arrangement, cancellation or end of a supervisor, brief director or acting chief. It isn't
important to tell those organizations if the arrangement does not surpass 48 hours, but rather all
such arrangements must be recorded in a day book, or log book, alongside the explanation
behind the arrangement.
3.4 Evaluating impact of food safety and hygiene legislation.
Food Standards Agency of UK is having authority to regulate food and its safety which
would also be including its production, processing, labelling and distribution at the end (Kypri,
2017). This is very much important as if food is been regulated within some kind of framework
so that safety and standards are been regulated and any burden of disease which is related to food
is reduced. The Food Standard Act of 1999 will be regulating all food and its safety and this need
to be followed at industries which are majorly handling in food and beverages serving it to their
customers for end use consumptions. It would be dealing with part of food as under:
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 Food should be safe and secure to eat.
 They must not be engaging in any kind of treatment which will be making food harmful
to eat.
 Good quality of food and beverages should be served and the same quality should be
maintained.
 Customers should not be mislead and all labelling of food should be done properly.
 Buying details of food and beverages should be recorded and correct from where it was
bought.
 Food hygiene rating should also be displayed within eating premises so that it is clear to
all customers who are coming there.
 Hazards Analysis Critical control is very much important as per part of Food safety
management systems.
The Food Standards Agency in UK is an administration specialist that is in charge of the
well being and cleanliness everywhere throughout the United Kingdom. This office works with
the organizations identified with nourishment keeping in mind the end goal to help them to
deliver safe sustenance. The Food Standards Agency in UK also assists with the nearby experts
keeping in mind the end goal to authorize sustenance security controls. Enactment on the
nourishment cleanliness was changed in the year 2006 and new enactments came into constrain.
The most essential outcome of this change was that, for organizations identifying with
nourishment must be reported Food Safety Management System. Sustenance Safety
Management System depends on the standards of Hazard Analysis Critical Control Point
HACCP.
4.1 Justification of responsibilities of employer in employment of staff.
Employer is that person within organisation who is responsible for hiring and recruiting
individuals who could be performing their own duty and responsibility. Employer is having duty
to correctly employ peoples who could be helpful for company and their responsibility will also
be towards health and safety of those workers who were once employed by them (Gaming
managers and employees. 2018). There are certain duties of them which will also be telling
about what role they need to play during course of their own employment.
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 They must be giving workers good and healthy place to work in by making sure that
employees are having access to all tools, equipments and things which employees will be
needing.
 They must be paying off all salaries and compensation to workers and other benefits
which were promised to them at time of their recruitment.
 As employees are also entailed to get all paid leaves and other type of holiday or day off
so this must be given and provided by employers only.
 If necessary employers must also be giving written notice to their employees at time
when contracts are been coming to an end or instead of this notice thy could also get
money or compensation.
 If in any case employer is not ready to listen the health and safety concern of employees
then they are having rights to contact Health and safety executive authority or any other
local authority as well (Murray, 2017).
 Employer should also be following minimum wage system at the time when they are
giving salaries to their employees, there should breaks or interval between working hours,
every week one leave should be there and annual paid holidays should also be given to
employees.
At the time when all employers are not respecting their roles, responsibilities and duties
then thy are entailed to get complaints against them from employees. However, they both could
also be able to resolve their matters or issues which are pertaining among themselves only. But if
once employees lodge a complaint against employer and employer is found guilty then he would
be liable to give compensation to employee which he is asking for.
Responsibilities of employer under Workers Compensation Act -
As a business, you have an obligation to guarantee the well being and security of each
one of those working for you, and some other labourers display at a site where your work is
being done. Keeping in mind the end goal to meet this obligation, you should
(a) cure any work environment conditions that are unsafe to the well being or security of your
labourers;
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(b) guarantee that the specialists are made mindful of all known or sensibly predictable well
being or security risks to which they are probably going to be uncovered by their work, conform
to the demonstration, the directions and any appropriate requests, and are made mindful of their
rights and obligations under the demonstration and the directions,
(c) build up word related well being and security approaches and programs as per the controls;
(d) give and keep up in great condition defensive gear, gadgets and attire as required by the
directions and guarantee that these are utilized by the labourers;
(e) furnish labourers with all data, guideline, preparing and supervision important to guarantee
their well being and security while completing their work and to guarantee the well being and
security of different specialists at the work environment;
(f) make a duplicate of the demonstration and controls promptly accessible for survey by the
specialists and, at every working environment where labourers are consistently utilized, keep up
a posted notice exhorting where the duplicate is accessible for audit;
(g) counsel and co-work with the joint advisory groups and labourer well being and-security
agents for working environments of the business; and
(h) co-work with the board, officers of the board and some other individual completing an
obligation under the demonstration or the controls
4.2 Discussing key discrimination legislation.
As employees everyone is having right to get equal chance of opportunity in all sense and
discrimination should be prevented (Garon, 2017). In an organisation every employee should be
treated on equal grounds and must not be discriminated on any bases whether cast, religion or
gender either. All of them should be having easy access to employment irrespective of age,
marital status, sex or race. Discrimination is that afire of human which is acting as against the
human rights and their power as well which will be treating employees unequal at their work
place and they are some times deprived of their rights as employees as well. So to regulate this
and avoid all types of discrimination in workplace government is been involved in making
legislation and laws which is governing ideas and practise of discrimination in organisation.
The Equality Act of 2010 of UK which is safeguarding all rights and responsibilities of
employees who are working in organisation so that they are all treated one equal bases. But
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before this particular act there were other legislation which were protecting employees from
getting discriminated on any ground whether age, sex, race or disability (Harrison, 2017). All of
them included Sex Discrimination Act 1975, Race Relations Act 1976 and Disability
Discrimination Act 1995.
Sex Discrimination Act 1975-
Under this act of Government of UK it is said that no men or women at work must be
discriminated on the ground of their sex or martial status. Whether it is concerned with training,
employment, pay or compensation any discrimination is regarded wrong under this act.
Race Relation Act 1976-
This act was also initiated by Government of UK stating that there must be no
discrimination of humans on the ground of from which race or caste they belong to.
Title VII of the Civil Rights Act of 1964-
Title VII precludes segregation on account of race, shading, religion, sex, and national
unique. Title VII applies to every private business, state and neighbourhood governments, and
instruction foundations that utilize at least 15 people.
Restoration Act of 1973-
This law basically applies the measures of Title VII to the national government as a
business.
Lilly Led better Fair Pay Act-
The Fair Pay Act changes when the statute of impediments starts for specialists' cases of
pay separation under Title VII and the Age Discrimination in Employment Act (ADEA) to
proclaim that an unlawful business rehearse happens not just when a biased pay choice or
practice is received yet in addition when the worker winds up subject to the choice or practice,
and each extra utilization of that choice or practice. At the end of the day, each time
remuneration is paid.
Level with Pay Act-
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The EPA precludes sex-based pay segregation amongst men and ladies who perform
under comparable working conditions. The EPA applies to all businesses secured by the
government Fair Labour Standards Act (FLSA).
Pregnancy Discrimination Act (PDA)-
The PDA, which is a piece of Title VII, forbids segregation based on pregnancy, labor, or
related therapeutic conditions.
Family and Medical Leave Act (FMLA)-
The FMLA precludes victimization pregnant ladies and guardians and in addition
representatives with genuine well-being conditions. In 2008, two new kinds of FMLA leave were
made which gives work ensured leave for group of individuals from the outfitted administrations.
Age Discrimination in Employment Act (ADEA)-
The ADEA disallows oppression representatives age 40 and more established. The
ADEA covers private businesses with at least 20 workers, state and neighbourhood governments
(counting school locale), business offices, and work associations.
CONCLUSION
At the end of the whole report it is concluded that there are different sorts of authorized
premises which are to be acquired by the eateries, inns, occupancies and so forth having diverse
impact in various premises. There is a noteworthy contrast between an authorized premises and
individual permit. At the point when an authorized commence approves for exercises like offer
of liquor, late night refreshments and directed amusement, the individual permit then again
regulates the deal and supply of liquor in the Designated Premises Supervisor. The staff of any
association must know about utilize, effect of these licenses and impact of rebelliousness with
these licenses. There are sure arrangements in the UK law that must consent to by the business
with regard to the well being of nourishment, and with respect to the work of their staff.
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REFERENCES
Books and journals:
Buyucek, N., Knox, K. and Rundle-Thiele, S., 2018. Observing alcohol drinking in licensed
premises: a formative social marketing study. Journal of Social Marketing. 8(1). pp.40-57.
Cameron, M.P., Roskruge, M.J., and Miller, P.G., 2018. Pre-drinking and the temporal gradient
of intoxication in a New Zealand nightlife environment. Journal of studies on alcohol and
drugs. 79(1). pp.119-125.
Elgan, T.H., and Gripenberg, J., 2018. Overserving and Allowed Entry of Obviously Alcohol‐
Intoxicated Spectators at Sporting Events. Alcoholism: clinical and experimental
research. 42(2). pp.444-452.
Garon, J., 2017. The Pop Culture Business Handbook for Cons and Festivals: Gambling,
Raffles, Door Prizes, and Competitions.
Harrison, S., 2017. A REGULATOR'S VISION: Q&A WITH THE GAMBLING
COMMISSION'S SARAH HARRISON. Gaming Law Review. 21(9). pp.694-698.
Kypri, K., 2017. Commentary on Moore et al.(2017): Focus on policies rather than programmes
to address alcohol‐related violence. Addiction. 112(11). pp.1907-1908.
Murray, M., 2017. 12 Liquor licensing law and planning in Northern Ireland. Planning Law and
Practice in Northern Ireland. p.247.
Nagur, M., Kumar, T.P. and Puranik, S.B., 2018. PROSECUTION UNDER DRUGS &
COSMETICS ACT ON SAMPLES OF DRUGS DECLARED SPURIOUS OR NOT OF
STANDARD QUALITY. PARIPEX-INDIAN JOURNAL OF RESEARCH. 6(5).
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Gambling companies must end misleading 'free bet' offers, competition watchdog warns, 2018.
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<https://www.cbs.sa.gov.au/licensing-and-registration/gambling/gaming-managers-and-
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alcohol-in-licensed-premises>
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BIBLIOGRAPHY
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