The Importance of Licensing in Business Operations

This assignment discusses the importance of licensing before running a business or engaging in other activities subject to legal regulations. It explores how licensing helps commercial enterprises operate smoothly and defend against wrongful conducts by making them aware of their roles and responsibilities.

Law for Licensed
Premises project

INTRODUCTION...........................................................................................................................1
TASK A (WORK SHEET)..............................................................................................................1
1.1 Types of licence premises.....................................................................................................1
1.2 Difference between personal license and premises licence..................................................2
1.3 Procedures for license applications.......................................................................................2
1.4 Guidelines on the conduct of licensed premises for staff use...............................................3
3.3 Risk assessment for licensed premises..................................................................................4
TASK B...........................................................................................................................................6
2.1 Consequences of providing consumer with misleading information....................................6
2.2 Extent of employer liability in protection of consumers.......................................................6
2.3 Policy for ensuring the implementation of all aspects of weights and measures legislation 7
3.1 Key components of a range of regulations............................................................................7
3.2 Duties and responsibilities associated with management of licensed premises....................8
3.4 Impact of food safety and hygiene legislation......................................................................8
4.1 Justification of employer responsibilities in employment of staff........................................9
4.2 Key aspects of discrimination legislation.............................................................................9
CONCLUSION................................................................................................................................9
REFERENCES..............................................................................................................................10

INTRODUCTION
License is an official document that grants a permission to own, do or use something after
paying money or either by giving a test such as; driving licence, issuing of Rifle henceforth.
Basically, it is an obligation for human beings that after owing a subject licence they need to act
in a particular way while doing his/her job. For example; carrying of driving license is
indispensable for a person whosoever is going to drive a vehicle (Kypri and et. al., 2011).
Therefore, entire project is based on licences by showing its importance for opening a business,
staff use and so on. Basically, various types of license will be highlighted in the project and
explaining the process of acquiring it. Moreover, risk assessment will also be done in the report
which shows the problems faced by an organization while defending their business from
wrongful activities in order to protect its license from getting sealed. Apart from this, influence
of food and safety hygiene will also have framed in this as well as management responsibilities
towards staff licensed premises.
TASK A (WORK SHEET)
1.1Types of licence premises
Under license Act, 2003 an official document is issued by British government for
permitting a business or an individual to perform specific activities. There are several types of
licensed premises which are identified and discussed as follows-
Restaurants license
Discussion of Restaurant licence - Acquisition of “Business licence” is significant for
opening a restaurant because it allows the entrepreneur of restaurant to operate its business
legally. According to Small Business Administration, federal business license is necessary to
be acquired if an association is going to be involved in the activities which are regulated by
federal agency such as; interstate transporting of animal goods or plants.
Tenancies
Discussion- Assured ShortHold Tenancies is a most common type of tenancy in which some
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of following criteria needs to be met such as-
 Landlord needs to be a private one.
 As per the government law, landlord is not allowed to live in the property.
 It should consider as main accommodation of tenant.
If all these things are applied, then the tenancy is consider as AST.
Hotels
Discussion- Before starting a hotel business, an organization needs to adhere numerous of
legal laws, rules and regulations of current state in order to understand the whole procedure of
incorporating a hotel business. In fact, none of the negligence and ignorance will be consider
in the Court of law. Thus, most of the hotels are engaged in offering foods and alcohols to
their desired customer due to which they need to adhere Licensing Act, 1964. After granted of
licence hotels are eligible to serve alcoholic beverages (Menéndez and et. al., 2015).
1.2Difference between personal license and premises licence
Personal license Premises license
An individual is acquiring licence for selling
alcohol or business that intends to sell.
On the other hand, premises licence is about a
place or designated area where a person who
acquired personal licence of selling alcohol is
going to use it for selling purpose.
In this, a person is only involved for
establishing a business which shows that it is
an initial stage of opening an alcoholic
business.
But, acquisition of premise license is a second
stage where business activities are going to
incurred on the behalf of owner who is having
a personal licence of running this business.
1.3Procedures for license applications
Applying of personal licence Applying for Premises licence
Before applying for personal licence, an
individual need to qualify from England and
On contrary to this, some of the distinct types
of premise license are-
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Wales and must have Award for Personal
License Holders (APLH). Thus, person
having this certificate can make the personal
license application to the Licensing Authority
in England and Wales (Graham and et. al.,
2014). After that, for applying to acquire this
licence an individual need to submit some of
the necessary documents to Licensing
Authority as a part of application are-
 Complete application form,
 Disclosure of Convictions certificate
(DBS),
 DBS and declaration form,
 Certification of licensing qualification
that is (APLH Award for personal
license holders),
 2 photographs,
 And the fee.
 Retail sale of alcohol,
 Provision of regulated entertainment,
 And the provision of Late Night
Refreshment.
However, initial one is main element on
which premise licence is going to apply.
 Just like personal one, premises
license also need to make an
application to the suitable Licensing
Authority.
 After that complete the form and
present an operating schedule to the
entire business as well as scale plans.
 A complete form needs to be signed
by an individual who is giving his/her
consent to being a designated Premise
supervisor.
 Payments must be deposited to the
council as well as original application
form.
 Application has to advertise on
premises for not less than almost 28
consecutive days after giving
application.
1.4 Guidelines on the conduct of licensed premises for staff use
In order to promote use of licensed premises by staff, an organization needs to guide their
employees for making them understand about the use of licensed premises. Therefore, some of
the necessary things which is done by an association for guiding their staff are discussed as
follows-
Code 1 TRAI001
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What is it- Training of staff- Employees needs to be trained so that they can handle it
in much better way such as; health, welfare and safety at licensed premises as well as
understand its liability.
Assessment - Thus, training must be for continuous process where it’s being
conducted on daily basis for full time member, part time as well as casual staffs also. It has
been analysed that learning about safety measures is really useful for staff member as well as
customers.
Code 2 POLICY002
What is it- Health and safety policy statement- As per this element, employees must
know how to deal with overcrowding situations by maintaining the decorum of an association.
Assessment – It means, policy statements guide staff members to perform specific job
role in order to maintain the environment of an association. Therefore, some of the changes
show that it is properly implemented and followed by whole company. For example; Proper
ventilation must be maintained in the workplace premises as well as remove unusual materials
such as; empty glasses to control probabilities of injury. Apart from this, staff must offer free
drinking to each or every person whosoever is available in the premises. Most importantly
staff must aware about the emergency entry and exit doors as well as ability to deal with fire or
any other kind of emergency (Smith, Morgan and McAtamney, 2011).
3.3 Risk assessment for licensed premises
There are various types of risks that are related with licensed premises but the risk which
is going to assessed here is about hotel which offers alcohol and other drinks are having
numerous examples which shows extreme drinking. Along with this, by getting influenced with
liquor, individuals create various wrongful activities as well as violence which creates risky
situations because of over drinking (Driving Licence UK. 2014). Hence, risk assessment of
licensed premises is discussed below in tabular format-
Risk assessment during the trip to licensed premises-
Name of organization- Bull’s Head, Barnes
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Statement of general policy Responsibility of (name/ title) Action / Arrangements
To defend damages and
scenario which are work-
related and ill health and
offers acceptable regulation of
health and safety uncertainty
raised from various work
activities.
Manager as well as Board
members.
Implemented at
workplace to make sure
that all the members must
consider this policy.
To provide adequate training
to ensure employees are
competent to do their work
Training department and HR
team.
Development session is
conducted by HR team in
morning.
What
are
hazards
?
Who
might be
harmed
and how?
What are you
already doing?
Do you need to do
anything else to
manage the risk?
Action
by
whom?
Action
by
when?
Done
Over
drinkin
g
Customer
themselve
s as well
as staff
members
too.
We have already
appointed various
experienced and
body builder
employees for
dealing with these
situations. Along
with this, several
rules and
regulations need
to be set at
workplace.
Much more better
or skilled
employee’s needs
to hired like
maximum
employees for
monitoring every
table of pub.
HR
manager
3
0thOcto
ber,
2018
10th
Novem
ber,
2018
Violence Other
clients,
Security guards
are hired for
Implement few
major strict rules
Staff
members
1
1thNove
16th
Novem
5

employees
and
person
who is
creating
violence.
managing or
controlling
violence.
and regulations at
workplace.
mber,
2018
ber,
2018
Damage
of
propert
y
It will
affect the
organizati
on itself.
Penalty will
charge if there is
damage of any
property.
Increase the
compensation
charge.
Manage
ment
team
2
0thNove
mber,
2018
30th
Novem
ber,
2018
Negativ
e impact
on
compan
y’s
goodwill
Company
image and
its
productivi
ty.
Stay away from
these kind of
problems by
controlling
violence.
Promote
organization at
social sites and
tries to gain
consumer trust or
loyalty.
Board
members,
managing
director,
marketin
g team.
1
stDecem
ber,
2018
10th
Decem
ber,
2018
TASK B
2.1Consequences of providing consumer with misleading information
The Unfair Trading Regulations, 2008is the control that gives assurance to the
purchasers against deceiving data being given by the seller as well as authority to make criminal
offenses if the dealers breach the set rules or regulations. However, this act disallows any
deceptive activities or oversights. Basically, misleading information includes several things such
as; offering the incorrect information associated with quality, amount, expiry and manufacturing
date. For example; offered mistakenly information correlated the quality or substance of alcohol
in a beverage (Mazerolle and et. al., 2012).
Consequently, consumers have three major remedies against any misleading information
provided by seller that is described as follows-
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 Rights to discount- This pleasure is authorized to the consumer if the pleasure to unwind
isn't conceivable and the discount run is twety 5% to 100% as indicated by the
importance of the case.
 Rights to injury- the clients having the authority to ask troubles if the calamity suffered
by purchaser is maximize than the price paid for the merchandise.
 Penalties-Civil enforcement action might be taken for breaching the regulations under
section 8 of enterprise act, 2002. As a result, penalty is in the form of either two year
imprisonment or fine.
2.2Extent of supervisor accountability in prevention of end users
According to the legal bodies, proprietors are held responsible for getting failed in
her/him duties towards consumers and liable to pay for it as per client demand. In fact, as per the
consumer protection act unfair trade or breaching of regulations is based on employer and he/she
is responsible for compensating it. Along with this, an element of vicariously liability also proves
this employer is responsible for protection of consumers (Hubbard and Colosi, 2013).
Claims in contract- According to sale of goods act, 1979, employer needs to ensure that
products or goods which are offered to the customer must be qualitative, reasonable and
appropriate quantity. In case of breaching these duties, customer has the authority to claim on
seller under agreement where supervisor is going to suffer the price of reparation or any spare.
Claims in carelessness- As per the case of Donoghue V Stevenson, (1932),
manufacturers were held responsible for faulty goods. Thus, it has been understood, negligent
behaviour of employee affects his goodwill as well as progress of business because single claim
of customer influences the company’s image.
2.3 Rule for guaranteeing the application each or every characteristics of weights and measures
legitimate
Weight and Measures (Packaged Goods) norms, 2006 provides that data associated with
packaging products and its quantity.
Three packaging norms:
 The bundle material doesn’t be minimum the average than nominal measure as it is
mentioned in legal norms.
 The percentage of parcels which are of minor extent must be minimum the specified
level.
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The Weights and Measures (Specified Quantities) (Pre-Packed products) Regulations 2009.
For pre-packaged spirit drinks- There has been a decrease in the scope of the sizes of
bundled dash drinks so the outside scope of 100 ml to 200 ml are currently not directed.
For pre-packaged wines- The wine ought to be regulated to empower sensible drinking
by the general population additionally there ought to be right marking of the amount on every
one of the beverages with the goal that the buyer has adjust learning about the amount. However,
fine is demanded by the producer who doesn’t name their beverages amount (Kypri and et. al.,
2011).
3.1Key components of a range of regulations
Health and safety act, 1974- Any authorized premises that has more than five people
needs a composed proclamation of strategy in connection to wellbeing and security.
 The staff ought to be prepared to manage congestion and they should realize that what
number of individuals can fit in the premises.
 Employees must have clear the vacant jug in a constant way in order to minimize the
possibilities of damages.
 The proper light ought to be kept up in the premises by the staff.
 Legitimate freshening needs to be kept up in the buildings.
 The employees should deal with the house keeping on an hourly premise.
 The stewards need to be given legitimate preparing to manage clients.
Reporting of injuries, diseases and dangerous occurrences regulation, 1999- If there
is any damage or any unsafe question then it ought to be quickly informed to the administration
for instant counteractive action measures must be taken.
Management of health and safety at work regulations, 1999- As per this direction the
businesses have the obligation to routinely be refreshed with the wellbeing and dangers in
premises and the business is additionally required to complete a hazard assessment on regular
basis (Jones and et. al., 2011).
3.2 Duties and responsibilities associated with management of licensed premises
The administration of authorized premises has numerous obligations and duties and some
of them have been talked about underneath:
 Food- Minimum amount of snacks, nourishment dinners requisite to access.
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 Low and non- alcoholic drinks- minimum alcoholic beverages needs to be offer for
accessed.
 Availability of Transport facilities.
 The license must work just inside the confined time periods of task.
 managed zones no individual who is beneath the age of 18 ought to be permitted.
 In the event that the above duties are not satisfied then they will be obligated to
punishment.
3.4 Influence of food security and hygiene legitimates
It is crucial for the individual to determine their behaviour and activities that would
contribute to effective safety of food and way they can reduce the risk associated with forborne
illness. Human activity plays an eminent role in food safety by following right kind of acts or
legislations. There is various legislation that consists of certain rules for the safety and hygiene
of food and it has been examine below:
Food safety act 1990 includes various conditions that are needed to be fulfilled for any
food safety such as: It should be safe for an individual to eat and be not any specific addition or
removal of ingredients which would make food harmful for the body. The record of sources of
food must be kept; unsafe could be removed and reported quickly (Bellis and Hughes, 2011).
Food hygiene: A plan need to be written on the basis of HACCP aspects and it would be
kept the food from biological, chemical and safety from physical hazards. The packing, cook was
and material would not be transferred anything related to the foods (Martin, Freeman and Davey,
2013)
4.1 Justification of employer responsibilities in employment of staff
The employer has to be retaining on the basis of statutory right and obligation, it means staff
associates needs to carries out their legal right as per the employment act instance employee. All
of them are associated with the employment act, national minimum wages and common work
pay act. In the case the employment is of full time basis then the people have following
responsibilities (Graham and Homel, 2012). Some of them are mentioned underneath:
 To give employee a written employment contract so that proper record must be
maintaining for each and every employee or staffs.
 To delivery minimum statutory paid holidays and sick pays on regular basis.
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 Maternity and paternity and employer’s liability insurance is compulsory done for them
so that proper benefits and allowance can be deliver on time.
4.2Key aspects of discrimination legislation
Anti-discrimination laws are used to prohibit individuals from any kind of discrimination
against in accordance to other people. It is an effective regulation that states people must be
treated equally. The types of discrimination this law consists of race, sex, age, disability and
sexual orientation (Hughes and et. al., 2014).
The equal act provides protection to employee against every types of discrimination and
main provision is to safeguard against direct or indirect harassment in services, education and
works.
There are certain provision that is associated with the disability such as, this regulation
protect between indirect discrimination that are associated with the disability. Apart from this, it
has introduced the detriment model to victimisation rights (Anderson, Crost and Rees, 2018).
CONCLUSION
From the above report, it has been concluded that licensing is really indispensable before
running any business, driving vehicle or any other activities on which legal norms are formed. In
fact, it helps commercial enterprises to run their business in smooth manner and performs all the
operations without any fear. However, legal policies of licenses always defend an individual or
enterprise from wrongful conducts by making them realise about their specific roles and
responsibilities. Hence, it has been understood that, acquisition of license is very much beneficial
as well as usage of several policies related with hygiene of food is also advantageous for buyers
and sellers too. In fact, by assessing the risk company can easily control the probabilities of
uncertainty which might affects their company progress.
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REFERENCES
Books and Journals
Kypri, K and et. al., 2011. The Alcohol Reform Bill: More tinkering than reform in response to
the New Zealand public's demand for better liquor laws. Drug and alcohol review, 30(4).
pp.428-433.
Menéndez, P and et. al., 2015. Lockouts and last drinks: The impact of the January 2014 liquor
licence reforms on assaults in NSW, Australia. BOCSAR NSW Crime and Justice
Bulletins, p.12.
Graham, K and et. al., 2014. Reducing intoxication among bar patrons: some lessons from
prevention of drinking and driving. Addiction, 109(5), pp.693-698.
Smith, L., Morgan, A. and McAtamney, A., 2011. Policing licensed premises in the Australian
Capital Territory. Australian Institute of Criminology.
Mazerolle, L and et. al., 2012. Violence in and around entertainment districts: a longitudinal
analysis of the impact of late‐night lockout legislation. Law & Policy, 34(1). pp.55-79.
Hubbard, P. and Colosi, R., 2013. Sex, crime and the city: Municipal law and the regulation of
sexual entertainment. Social & Legal Studies, 22(1). pp.67-86.
Kypri, K and et. al., 2011. Effects of restricting pub closing times on night
‐time assaults in an
Australian city. Addiction, 106(2). pp.303-310.
Jones, L and et. al., 2011. Reducing harm in drinking environments: a systematic review of
effective approaches. Health & place, 17(2). pp.508-518.
Martin, P., Freeman, J. and Davey, J., 2013. Officers’ perspectives of policing alcohol-related
incidents in and around licensed premises. Police practice and research, 14(3). pp.193-
204.
Bellis, M.A. and Hughes, K., 2011. Getting drunk safely? Night‐life policy in the UK and its
public health consequences. Drug and alcohol review, 30(5). pp.536-545.
Graham, K. and Homel, R., 2012. Raising the bar. Willan.
Chalmers, J and et. al., 2013. Real or perceived impediments to minimum pricing of alcohol in
Australia: public opinion, the industry and the law. International Journal of Drug
Policy, 24(6). pp.517-523.
Anderson, D.M., Crost, B. and Rees, D.I., 2018. Wet laws, drinking establishments and violent
crime. The Economic Journal, 128(611). pp.1333-1366.
Hughes, K and et. al., 2014. Does legislation to prevent alcohol sales to drunk individuals work?
Measuring the propensity for night-time sales to drunks in a UK city. J Epidemiol
Community Health, 68(5). pp.453-456.
Online
Driving Licence UK. 2014. [Online]. Available through< http://www.geton.co.uk/motorcycle-
training-licence/>
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