Law For Licensed Premises: Doc

Law For Licensed Premises

Table of Contents
INTRODUCTION.........................................................................................................................2
TASK A.........................................................................................................................................2
1.1). The different type of licensed premises.........................................................................2
1.2). The difference between a personal licence and a premise license.................................3
1.3). Comparing the procedure for licence application of personal and premises license.....4
1.4). Assessing guidelines on the conduct of licensed premises for use by staff...................4
1.5). detailed risk assessment on licensed premises..............................................................6
TASK B.........................................................................................................................................7
2.1 Consequences of providing consumer with misleading information...............................7
2.2). Evaluating the extent of employer liability in the protection of consumers..................8
2.3). Plan and justify a policy for ensuring that all aspects of weights and measures legislation are
implemented............................................................................................................................9
2.4).Discussing the key components of a range of regulations...................................................9
2.5). The duties and responsibilities of management of licensed premises...............................10
2.6). Evaluating the impact of food safety and hygiene legislation...........................................11
2.7). Justify the responsibilities of employer in the employment of staff.................................11
CONCLUSION...........................................................................................................................12
REFERENCES............................................................................................................................13
1

INTRODUCTION
In UK a person or company should requires a license as stated by the Licensing Act 2003,
to sell alcohol or provide some forms of entertainment and to sell hot food and drinks
between 11pm and 5 am. the present report will discuss about different types of licenses
premises. Further, the differences between a personal and premises licensed will be
included in report. Different procedures to apply for personal and premises license will be
explained. The report will include the different code of conducts which needs to follow by
the staffs in premises. Moreover, study will also discussed the consequences related to
providing false information to the consumers. A detailed plan has been made on with the
aspects of weight and measures legislation is implemented. The report will include the
responsibilities of manager at a work premises. Further, the impact of food and safety and
hygiene legislation will be explained. Report will also address the responsibilities of
employers of their employee’s on workplace.
TASK A
1.1). The different type of licensed premises.
A premises license, or a c premises certificate, is a permanent licence granted for a specific
location to authorise the holder to carry on any or all of the following licensable activities:
 Selling alcohol
 Serving alcohol by a club to its members and guests.
 The provision of regulated entertainment.
 The provision for late night refreshment to the guest.
In order to open a business in UK, the owner requires to obtain a licence in order to
operate their operations legally (Ahern, Balzer, & Galea,2015) . Mainly such operations are one
2

relating to sale of alcohol and tobacco and gambling operations. The local authorities which are
governing in those areas are the one which issues most of this licence. Like to drive commercial
or public vehicle are issued by the Driver Licensing Agency (DVLA).
For public houses, clubs or restaurants, two types of licence are required under the
Licensing Act 2003, it is the license which covers the sale of alcohol. The premises licence also
covers the building where the business is being located, to ensure all safety, health and fire
regulations are complied with in full. The second licence is required, empowers the individuals
who own and run the business legally.
For hotels, there are several minefield of bureaucracy to consider for licensing rules to
food hygiene and fire regulations. It is very important to obtain business license to run the
hotels. As most of the hotels provide foods and alcohols to their guests, it is important to have a
business license as per Licensing Act 1964.
1.2). The difference between a personal licence and a premise license.
To open a business, whether a restaurant or hotel or cruises etc., the owner should opt
different licence before starting a business, there are two type of licence which a business
owner must have, a personal license and premises licence.
The difference between the two is personal licensed is for the owner of a business, while
premises licence are for the operations of business. For any business owner who wants to start a
business in United Kingdom, mandatory required personal licence in order to make sales.
Personal licence has an advantage that it allows to authorise others staff members to make sales
on behalf of the owner (Atkinson.& et.al., 2018). If a business plans to sell alcohol then the
owner or the particular staff who will designate to sell in business premises must have a
personal licence. As per the provision of License Act 2003 personal, license authorises a person
to sell or supply alcohol in licensed premises.
While, premises licence will make the owner to make those sales in an authorised place.
Every pub, restaurant, hotel etc. should have an premises licence of their own in order to allow
their staffs to sell alcohol in the premises. premises licence is required if its going to plan the
operations like, supply alcohol,play live or recorded music, show or host film events, sell food
after 11 pm etc.
3

1.3). Comparing the procedure for licence application of personal and premises license.
However, to get a premises license, the business own must have the personal license.
The procedure of application of both the license are different. The apply for a personal license
a person needs to have :
 A person has to be 18 years or older.
 Should hold a licensing qualification under Licensing Act 2003.
 A person should have permission by immigration to be or work in UK.
To get a personal license a person should need to:
 Complete a personal license application form.
 Full disclosure of convictions and declaration form.
 Fill the documents which demonstrate entitlement to work in UK.
 The person should have a police check certificate which fulfil the norms like criminal
conviction certificate, a criminal record certificate etc.
 Pay the fee of pound 37.
A person needs to be above 18 years age should compulsorily have the personal licence to get
premises licence (Ponicki & et.al., 2014). The local authority of the city or state will give the
premises licence. The procedure for the application of premises license is as follows:
 A complete form needs to be fulfilled in order with complete detail of owner, DPS, plan
of premises and the time limit of selling alcohol at location.
 Application form should be displayed at premises for more than 28 days.
 License fees needs to be deposit which will be between 100-1,908 pound depends on
the fee band of the venue.
 Summary of Licence premises needs to be displayed so that it can be seen easily.
1.4). Assessing guidelines on the conduct of licensed premises for use by staff.
There are four licensing objectives which provide guidelines which defines the code of
conduct of licensed premises by the staffs under The Licensed Act 2003:
Code 1- The prevention of crime and disorder.
What is it- This code identifies many possible risk related to the place where alcohol are being
sold, the provision of late night refreshment or late night entertainment. It carry out some
measures to reduce such risk.
4

Assessment- The staffs should follow the guidelines for a good management at the licensed
premises. The licensed authority instructs to follow this code of conducts by owner and the
staffs at the time of completing their operating schedule. Additional operational measures
should be used to manage and prevent such problems in premises. Licensees and their staffs
have responsibility to follow the effective and safe management of their premises and the
objectives set by The Licensed act, 2003. Proper training should be provided to manager, staff
members about skills to deal with the problems arises in licensed premises. Well trained staffs
should be able to run the premises more effectively (Atkinson & et.al.,2018). All staff members
should be aware about the licensing law before serving alcohol to the guest. Premises should
have police relevant to the operations of the business in order to p[reverent from any problems
arises in the premises. The main cause of crime and disorder in the licensed premises is because
of inadequate security, overcrowding and customer being drunk. It can result in conflict,
violence and anti-social behaviour.
Code 2- Public safety.
What is it- This code provides guidance to follow good practices in order to promote public
safety at licensed premises. This code design to guide licensees on the promotion and
management of public safety in their premises after granting license to them.
Assessment - The licensable activity can sometime arises the risk of safety of public attending
licensed premises. Therefore it’s important for management and staffs to take proper measures
for managing and protective public from any such risks. The premises should design stage and
layout in order to achieve highest possible preventative measures for public safety. Clear
documented policies and procedures in place which identify all public safety risks associated
with their premises and measures which can prevent, manage those risk.
Code 3 – Prevention of public
What is it- this code provides guidance on good practices for the prevention and management
of public nuisance from licensed premises. This code is design to guide licensees and staffs on
the promotion and management of public safety at their premises after a licence has been
granted.
5

Assessment- Excessive noise and nuisance is major concern for people living or working in the
area. It is responsibility of the management of the licensed premises to follow proper steps so as
to prevent public from noise and nuisance (Moore, & et.al.,2017). The management should take
proper measures by sound attenuation with wall linings, acoustic curtains of mechanical
ventilation or AC system.
Code 4 – Protection of children from harm.
What is it- this code provides guidance on the protection of children from harm at licensed
premises. It is also designed to guide licensees on the protection and management of children
from harm at premises.
Assessment- Some licensable activities especially the provision to sell alcohol and some types
of entertainment can increase the risk to children which are attending licensed premises. The
staffs and management of the premises should take measures which can protect and manage the
well being of children at their premises.
1.5). detailed risk assessment on licensed premises.
Statement of general policies Responsibility of
(name/ title)
Action Arrangement
To prevent accidents and
cases of work-related ill
health and provide adequate
control of health and safety
risks arising from work
activities
Manager & supervisor Implementation of Health &
Safety at work to ensures the
health and welfare of
employees at workplace.
To provide adequate training
to ensure employees are
competent to do their work
Management of company Plan effective training
programs to the staffs and
employees regarding new
knowledge and skills.
To implement emergency
procedures - evacuation in
case of fire or other
significant incident. You can
Management of company Proper implementation of
health and safety measures,
regular maintenance of fire
extinguisher system in
6

find help with your fire risk
assessment at
premises.
To maintain safe and healthy
working conditions, provide
and maintain plant, equipment
and machinery, and ensure
safe storage / use of
substances
Manager of all department of
organization.
Implementing laws of the
Equality act 2010, which
create fair environment within
employees in workplace.
TASK B
Hilton hotels & Resorts is a global brand is one of the world's largest hotel brand in
world. Founded in 1919, there are more than 570 hotel properties as of 2017. It has its
properties in more than 85 countries and and territories across six continents.
2.1 Consequences of providing consumer with misleading information.
It is very important to provide their customers all the information which they require.
As working in a hospitality sector, Hilton hotels & Resorts has a responsibility to ensure that
they are not misleading their customers in means of way (Whish & Bailey,2015). There are
various laws and regulation which has to be managed and implemented properly in the
organization to ensure that they are working on the basis of these laws. Such as, to provide their
customers proper information, they have to apply Consumers Rights Act 2015.
According to the consumer protection from unfair trading Regulation 2008, consumer
are any individuals outside of their trade, craft or profession. Crucially, consumer are not only
those people who actually buy from or pay a business. Consumer also include anyone who is
likely to be the customer.
It is a breach of Consumer Protection Right to give misleading information to
consumers like:
 Cause or is likely to cause the consumer to make a different transactional decision.
 Giving fake information to client which he/she takes into account when reaching a
transactional decision. Which includes sales service, terms of sale, price, locality,
characteristics of the product offers etc.
7

information that are misleading contains false information as it is likely to mislead a consumer
even if it is slightly correct. Any false marketing or commercial practices that creates confusion
in customers regarding services of the company.
The consequences of breach of CPR is wide as it can leads to both civil and criminal
cases on company. The consumer have the right themselves to directly bring legal action
against businesses in respect of alleged breaches of the CPR s. The payment of compensation
can be up to 25,000 pound. The consequences of goodwill of hotel will get affected are likely to
be high.
2.2). Evaluating the extent of employer liability in the protection of consumers.
It will not possible to rise the defence of the employee's if a company/employer knows
or allows their employee's conduct to fall below honest and professionally standards (Vitell,
2015). There are some steps which a employer can take in protection of its consumer under
Consumer Protection Regulation, 2015. such steps are:
 Provide training to all their staffs included with the sales and marketing of the services
and keep records of the train8ing achievement.
 Taking care of that all information of customer and keep it safe and accurate, fair and
should not left out material fact from them.
 Update policies and procedures in company regarding the review, maintenance or
correction and updating of marketing process and consumer facing information.
 Investigating further where changes or inaccuracies, gaps or queries regarding
consumer right come to light.
 Allow clearly to the consumer any necessary or unavoidable gaps in information by the
company.
 Asking feedbacks or their problems regarding any services that has affected their
transactional decisions.
2.3). Plan and justify a policy for ensuring that all aspects of weights and measures legislation are
implemented.
There are several policies introduced by law for the assurance that all aspects of weights
and measures legislation are implemented in licensed premises. Weight and measures
Regulation Act 2006 and HM revenue and customs.
8

Products sold according to volume
Still wine: On the interval from 100 ml to 1,500 ml only the following eight
Nominal quantities: 100 ml — 187 ml — 250 ml— 375 ml — 500ml — 750 ml —
1,000 ml — 1 500ml
Yellow wine: On the interval from 100 ml to 1,500 ml only the following
Nominal quantity: 620 ml
Sparkling wine: On the interval from 125 ml to 1,500 ml only the following five
Nominal quantities: 125 ml — 200 ml — 375 ml — 750 ml — 1,500 ml
Liqueur wine: On the interval from 100 ml to 1 500 ml only the following seven
Nominal quantities: ml: 100 ml — 200 ml — 375 ml — 500 ml — 750 ml — 1,000 ml
— 1,500 ml
Aromatized wine: On the interval from 100 ml to 1 500 ml only the following seven
Nominal quantities:100 ml — 200 ml — 375 ml — 500 ml — 750 ml — 1,000 ml —
1,500 ml
Spirit drinks: On the interval from 100 ml to 2,000 ml only the following nine
Nominal quantities:100 ml — 200 ml — 350 ml — 500 ml — 700 ml — 1,000 ml —
1,500 ml — 1,750 ml — 2,000 ml
2.4).Discussing the key components of a range of regulations.
There are many regulations regarding the food safety and hygiene, noise, hazardous safety
and reporting of diseases, which the staffs of a hotel dealing with food is required to be aware of
some of them are:
General Principles of Food Law:
The regulation establishes the common basis for food law in states, which include food and
safety requirements, responsibilities of both food and feed business operators. As per the law, food is
defines as any substance or product, whether processes or partially processed (Arend,& Beck,
2014). Food includes drink,chewing gum and any other substances intentionally incorporated into
food during its ,manufacturing, preparation or treatment. The objective of the Regulation is to ensure
a high level of protection for consumers whilst also taking into account the protection of animal
health and welfare, plant health and the environment.
9

Health and Safety at work 1974:
The health and safety at work Act 1974, is a law covering occupational health and safety in
UK. The local authority is responsible for enforcing the act in working environment. An act to make
further provision for securing health, safety and welfare of the employees as well as customers of
company (Holt & Allen, 2015). It is a crucial element in promotion and maintenance of a positive
health and safety awareness at all levels of any organisation.
The Control of Noise at Work Regulations 2005:
This act is prepared to reduce the risk to their employees health by controlling the noise at
the workplace. The act aims to make sure that the hearing of workers can be protected from the laud
noise at their working place which can affect their health as well as can cause them to lose hearing.
2.5). The duties and responsibilities of management of licensed premises.
All businesses and organisation selling or supplying alcohol with a premises license has
some duties and responsibilities to be fulfilled. The manager or the designated premises supervisor
has the day to day responsibilities for the running of the business and is responsible for authorising
the alcohol sale (Arenas, & Suter, 2014) The person designated at the manager should be
authorised with a license. The duties of Designated premises supervisor(DPS) will act as a link
between management and police. He should understand the social issues and potential to handle any
problem associated with the sale of alcohol.
The DPS has the responsibility for the sale and supply of alcohol. This is become the impact
of alcohol is wide on community, on crime and disorder and anti-social behaviour. Which makes the
duty of DPS to regulate all the safety measures to handle the such problems. The management role
and duties of licensed premises doest not stay on just sale of alcohol. But he is also responsible for
back office and other functions also.
Responsibilities and role of manager of premises license are as follows:
 To check the range of foods meal should also be available at any time. Even after kitchen
time some food facilities should be there.
 The manager should check the alcohol which is being supplied are low or noon-alcoholic
and should promoted also as a licensed premises.
 To be ensure about the safe drinking environment in premises.
 To be ensure about the entry of prohibited people in premises, which includes minors,
intoxicated person and unauthorised person etc.
10

2.6). Evaluating the impact of food safety and hygiene legislation.
The Food Hygiene regulation 2006 implemented measures to update prevent food hygiene in
country (Dunstan, & MacEachen, 2016). The law set outs more clearly the duty of food business
operators to produce food safely, with an aim of improving public health.
 This law states that food business operators established their food safety management
based on Hazard Analysis and Critical Control Point principles.
 The regulation say that catering businesses must be able to show and document should
be prepare to present that food has prepared safely.
 The Food Standards Agency assists the local authorities to monitor time to time on the
process of preparation of food in restaurant and clubs.
 The Food Standard Agency(FSA) helps in implementing food safety management
procedures which is based on HACCP.
 The food operators should be ensure that anyone who handles food is properly supervised
and trained in food hygiene to a level to match their work activity.
2.7). Justify the responsibilities of employer in the employment of staff.
Under the law employers are responsible for health and safety management. Its an
employer's duty to protect the health, safety and welfare of their employees and other people who
can be affected through the business (26 Employees and Employers Right and Responsibilities
.2018). Employers should do whatever is possible to achieve it. It is employer's duty to make sure
that workers and others are protected from any health hazard at work, controlling any risks to injury
or health that can rise at workplace.
The employers should take care of their responsibilities towards their employees. Training is
usually aimed at improving someone’s skills or knowledge or raising awareness of an issue,
employers should generally decide whether to offer training and, if they do offer it, who needs it.
But if they do offer opportunities for training or development, they must do this without unlawful
discrimination (Lelieveld, Holah, & Gabric, 2016). Access to some opportunities, including
training, may count as a benefit. This means employees are treated in the same way as pay. The
company has to follow Equality and Human Rights Commission guide which states equality at work
and right to pay.
2.8). Discussing the key aspects of discrimination legislation.
11

As per the equality act 2015, it is against the law to discriminate against anyone in
workplace on the basis of age, marital status, sex, etc, these are called protected characteristics
for the employees in the workplace. For the protection of employees in workplace that helps in
creating fair environment in organisation.
The Equality Act, 2010 is a framework to protects the right of individuals and advances
equality of opportunity for all it prevents the unfair treatments and promotes a far and more
equal society (Equality Act 2010 .2018). All the organisation should prepare certain policies
and rules to prevent discrimination at workplace. There are several pieces of ;legislation which
are merged to come up as The Equality Act, 2010.:
The Equal pay Act, 1970
The Sex Discrimination Act 1975
CONCLUSION
There are different type of licensed which are to be obtained by the restaurants, hotels
etc. by summing up the above report, it can be concluded that there is major difference between
a licensed premises and a personal license. When a premise is authorised for the licensable in
its premises the owner or the person selling alcohol should have the personal license. 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.
12

REFERENCES
Books and Journals
Ahern, J., Balzer, L., & Galea, S. (2015). The roles of outlet density and norms in alcohol use
disorder. Drug and alcohol dependence. 151.144-150.
Atkinson, J. A.& et.al., (2018). Impacts of licensed premises trading hour policies on alcohol‐
related harms. Addiction.
Ponicki, W. R & et.al.,. (2014). Assessing the validity of on-premise alcohol license data in six
communities in California: Operating characteristics and outlet densities. Substance use &
misuse. 49(1-2). 51-58.
Atkinson, J. A., & et.al., (2018). Impacts of licensed premises trading hour policies on alcohol‐
related harms. Addiction.
Moore, S. C. & et.al., (2017). The effectiveness of an intervention to reduce alcohol‐related
violence in premises licensed for the sale and on‐site consumption of alcohol: a randomized
controlled trial. Addiction. 112(11). 1898-1906.
Whish, R., & Bailey, D. (2015). Competition law. Oxford University Press, USA.
Vitell, S. J. (2015). A case for consumer social responsibility (CnSR): Including a selected
review of consumer ethics/social responsibility research. Journal of Business
Ethics. 130(4).767-774.
Arend, A. C., & Beck, R . J. (2014). International law and the use of force: beyond the UN
Charter paradigm. Routledge.
Holt, A. S. J., & Allen, J. (2015). Principles of health and safety at work. Routledge.
Arenas, J. P., & Suter, A. H. (2014). Comparison of occupational noise legislation in the
Americas: an overview and analysis. Noise and Health. 16(72).306.
Dunstan, D. A., & MacEachen, E. (2016). Workplace managers’ view of the role of co-
workers in return-to-work. Disability and rehabilitation. 38(23). 2324-2333.
Lelieveld, H. L., Holah, J., & Gabric, D.(2016). Handbook of hygiene control in the food
industry. Woodhead Publishing.
13

Online
26 Employees and Employers Right and Responsibilities .2018. [Online] Available Through: <
https://content.wisestep.com/employees-and-employers-rights-and-responsibilities/>
Equality Act 2010 .2018. [Online] Available Through:< https://www.gov.uk/guidance/equality-
act-2010-guidance>
14