Law of Licensed Premises

This report emphasizes on the different sides of the law of licensed premises. It covers assessment of concerns of providing misleading information to the consumer, evaluation of employer liability in consumer protection, plan and justification of a police for the application of weights and measures legislation, management of licensed premises, impact evaluation of food safety and hygiene legislation, employer responsibilities in the employment of staff and key characteristics of discrimination legislation.

Running Head: LAW OF LICENSED PREMISES
Law of Licensed Premises

LAW OF LICENSED PREMISES 1
Contents
Introduction......................................................................................................................................2
2.1 Assessment of the concerns of providing misleading information to the consumer............2
2.2 Evaluation of the degree of employer liability in consumer protection...............................2
2.3 Plan and justification of a police for the application of weights and measures legislation. .3
3.1 The important constituents of a range of regulations...........................................................4
3.2 Management of licensed premises- Duties and Responsibilities..........................................5
3.3 Impact evaluation of food safety and hygiene legislation....................................................6
4.1 Employer responsibilities in the employment of staff..........................................................7
4.2 The key characteristics of discrimination legislation...........................................................7
Conclusion.......................................................................................................................................8
References........................................................................................................................................9

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Introduction
The main focus of the law of licensed premises is on the protection of the premises of people.
This law covers both tangible and intangible premises. The term licensed premises describes the
building, shop or other areas which are licensed by the ruling classes for the purpose of directing
the commercial activities for which the license was issued (Williams, Moore, Shovelton, Moore
and Murphy, 2016). The permission of regulatory authority is required for its operations. The
main aim of licensing is to ensure the prevention of public nuisance and crime for the protection
of premises. This report emphasizes on the different sides of the law of licensed premises.
2.1 Assessment of the concerns of providing misleading information to the consumer
A licensed premise supplies alcohol to the customers. In the bar, a price list is placed which
offers the needed information to the customers regarding the prices of the drinks (Buyucek,
Knox and Rundle- Thiele, 2018). If the price lists provides wrong information then the licensee
is liable with the help of Consumer Protection from Unfair Trading Regulations 2008. The
misleading commercial practices are also covered under these regulations. If any misleading act
is performed by the trader and therefore has acted in an unfair manner with the customers then
the customer protection rights have been breached by such trader. The trader can then be sued for
such act of not ensuring the compliance with the consumer protection rights (Draper, Ibezim and
Newton, 2017).
Furthermore, the Trade Descriptions Act 1968 provides that if any trader makes misleading or
false information regarding the products and services then it will be considered as an offence.
Criminal penalties will be enforced by Trading Standards Officers (BBC, 2014). Moreover the
Business Protection from the Misleading Marketing Regulation 2008 provides that misleading
advertising will result in criminal offenses. Competition and Markets Authority, the Lord
Advocate in Scotland and trading standards services can direct prosecution. The maximum
penalty is two years imprisonment along with a fine (Business Companion, 2018).

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2.2 Evaluation of the degree of employer liability in consumer protection
It is the obligation of the employer of the licensed premised to fulfil their obligations in an
appropriate manner for the prevention of risk and the protection of the customers. The employer
of the licensed premises has the crucial responsibility of providing safeguard to the customers.
For this, they need to offer good quality goods and services at rational rates. Superior rate cannot
be charged than the product quality provided by them. The occurrence of such misconduct in the
premises will be considered as the responsibility of the employer. The Consumer Protection Act
1987 requires the employer to provide appropriate information to the customers relating to
ingredients, quantity and statutory warning (Nicholls, 2015).
The interest of the consumers should be protected by them by the implementation of proper
policies. They are also responsible for the product produced by other organization and offered to
the customers by them. While purchasing the goods from other organizations, proper care should
be taken by the employers. Inspection should also be conducted of the product before offering
them to the customers in order to prevent the risk of injury. They are also liable for the purpose
of maintaining the clause of privacy and confidentiality in the premises. The information of the
customers cannot be disclosed for obtaining unfair benefit and the imposition of this duty is in
accordance with the provisions of Data Protection Act (Khan, 2017).
Also, the employer of the licensed premise is held legally responsible for providing hygienic and
safe environment to the clients. The action of the employees should also be taken care of by the
employer for preventing negligent action that can harm the interest of the customers. In case of
failure of doing so, the damages will need to be paid by the business organization. The European
Union Directives provide that the employer will be held liable for paying the penalty and will
also be required to take the responsibility of the misconduct.
2.3 Plan and justification of a police for the application of weights and measures legislation
The law has presented several policies for the purpose of assuring that every aspect of weights
and measures legislation is implemented in an appropriate manner in the licensed premise. These
guidelines are provided in the Weights and Measurement Act 1985. The provisions of this Act
provide that the serving or supplying of liquor should be in the quantity which is not injurious to
the customer health. It is the obligation of the entity to pay particular rates on the sale or

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production of cider and beer, wines, etc. in accordance with the HM Customs and Exercise. The
establishment of these regulations is for the purpose of controlling the quality of packaged
goods. These regulations further require the customers to be informed in respect of the quality
and protection offered as a measure. The packers rule provide that the proportion of packages
should be below the level specified, packing should be above the nominal quantity and no
package should be short by the double of bearable negative error. The justification of this policy
can be provided due to the fact that it assists in providing the complete information to the
consumers regarding the products consumed by them. Also, protection is provided by this policy
to the customers against the mismatch of the contents of the actual product and that mentioned
on the packaging. The customers are able to get the right price of the product with the help of
these policies along with the assurance of the quantity and quality. Proper monitoring is ensured
with the help of monitoring conducted by the legal authorities which check the quantity with the
legislation norms and control the inappropriateness to the legal norms (The National Archives
(b), 2018).
3.1 The important constituents of a range of regulations
The major components of regulations with respect to the health and safety policy in the licensed
premises are as follows-
Health and safety at work- Health and Safety at Work etc Act 1974 holds the employers
answerable for making sure that employee’s health and safety and also covers electrical safety.
Health and Safety at work covers smoking at work, workplace temperatures etc. (Boyle, 2015)
Noise at work- According to the Work Regulations Act 1989, there is the liability of the
employer of the licensed premises for taking suitable measures for the customers and staff where
there are chances of loud noises. For hotels and clubs, the implementation of the proper policies
for the purpose of reducing the noises is important. The Control of Noise at Work Regulations
2005 aims at protecting the hearing of the workers from the loud noises (The National Archives
(a), 2018).
Electricity at work – The electrical safety is covered under the Health and Safety Act etc 1974
where the reduction of accidents is aimed by the electrical inspectors. These are the incidents that
take place due to electrics. This is reduced by way of enforcing the law and offering the advices

LAW OF LICENSED PREMISES 5
and guidance on the working practices that should be undertaken due to the revolution of
technology in working methods and equipment (Holt and Allen, 2015).
Display screen Equipment- under the Display Screen Regulations, the employers are required to
make the use of display screen in the organization in the way specified by the regulations. The
European ‘daughter’ Directives has a series known as the Display Directive that is also the
characteristic of the health and safety regulation.
Manual handling operations- Manual Handling Operations Regulations 1992 aims that assessing,
and reducing the risk of injury from hazardous manual handling that cannot be ignored along
with avoiding the requirement for hazardous manual handling (Health and Safety Executive,
2016).
Reporting of injuries/diseases and dangerous occurrences- The safety policy of the organization
will consist of the arrangements for the emergency situations, safety audits, maintaining
hazardous equipment and procedure for reporting accidents.
First Aid- at regular intervals of time, organization should check for the emergency precautions
that everything is in good condition. If anyone has suffered any injury then first aid will be
provided on instant basis. Training will be provided by the employer along with making the
needed arrangement for first aid.
Control of substances Hazardous to Health- The Control of Substances Hazardous to Health
Regulations, 2002 requires the employers to protect the other persons and employees from the
hazards caused by the substances utilized at work with the help of control of exposure, risk
assessment, incident planning and health surveillance (North West Leicestershire District
Council, 2016).
3.2 Management of licensed premises- Duties and Responsibilities
Certain duties and responsibilities are required to be complied for the management of the
licensed premises. At the licensed premises, a number of non- alcoholic drinks should be
promoted and made available. For the purpose of avoiding drinking and driving, various

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transportation options such as free taxi phone, van, etc. should be promoted and made available
to the patrons. There are certain licenses which are valid only for a specific number of hours but
the licensed premise is required to be valid for 24 hours a day. Private function cannot take place
on a licensed premise until and unless special license is obtained for this purpose (Hill, Pilling
and Foxcroft, 2018). Also, if any liquor is supplied after the operating hours, it is regarded as an
offense. The main duties and responsibilities include assessment of the risk property for the
prevention of risk of injury in the future. Also, the provision of the common law are required to
be followed such the confidentiality is maintained and the benefit of the customers and the
organization is ensured. Misleading information or facts should be provided which can harm the
interest of the company. The act of the subordinate is to be monitored by the employer for
avoiding misconduct (Moore et. al. 2014).
3.3 Impact evaluation of food safety and hygiene legislation
The Food Standard Agency is the government department of the United Kingdom which is
responsible for the protection of public health with respect to food in Northern Ireland and
England, Wales. Food safety and hygiene legislation have been formulated by the government
for the purpose of protecting the interest and safety of the consumers. The operations of the
licensed premises are affected by such policies as they are liable to ensure the compliance with
the legal norms for the prevention of claims and penalties (Holmes et. al. 2014). The
management is positively impacted for providing the guidance to the members of the staff for
maintaining the code of conduct. The norms of the food safety requirements and offences
provide that quality food with appropriate safety members are required to be offered by the
licensed premises. Food hygiene regulations also provide the guidelines which motivate such
organizations for the purpose of providing safe working environment. Furthermore, safety audits
are conducted for checking the operations of the organization on the regular basis. These policies
have required proper labelling on the liquor products with price, quantity and contents. Hazard
Analysis Critical Control Point (HACCP) requires care to be taken for preventing injuries and
decreasing the risks in the working environment (Carrascosa, et. al. 2016).

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4.1 Employer responsibilities in the employment of staff
The responsibilities of the employer include the verification and checking of all the documents
that are offered by the job applicants for its reliability and relevancy. Along with this, the
employer is required to check that the employee is appointed only when he has the required
academic qualifications and the accredited training qualifications. In case, the employee is
appointed for the purpose of supplying the alcohol in the licensed premises then it should be
assured by the employer that the employee is qualified for such activity. It should further be
assured that the person employed has obtained nationally accredited training (Tanwar and
Prasad, 2016).
Moreover, another responsibility of the employer includes disclosing all the material information
which should be known by the employee. Also, the needed training and guidance should be
provided such that they can operate in an effective manner. All these responsibilities are
completely justified due to the fact that the employer bears the responsibility for each and every
act of the employee and therefore he should make the required enquiry during the process of
employing the staff. They also have the legal responsibility towards their employees for the
maintenance of the health and safety in the workplace. With the help of this, the staff retained
in the organization will be efficient one and there will be less possibilities of risk of injury to
staff members and customers. Furthermore, the legal norms can be followed in a better manner
by operating with the efficient staff as now the employer will not be required to pay claims and
penalties. Moreover, efficient staff will assist the employer in enhancing their productivity
(Atkinson et. al. 2018).
4.2 The key characteristics of discrimination legislation
Discrimination legislation is regarded as one of the most significant laws in England and Wales
which aims at protecting individuals from the unfair biasness in the society and in workplace.
The Equality Act 2010 covers the aspects of discrimination. Equality Act 2010 is the part of the
UK law that protects the employees from all kinds of discrimination in the society and the
workplace. Before this act, the employees were protected through various legislations such as
Race Relations Act 1976, Sex Discrimination Act 1975 and Disability Discrimination Act 1995.
According to Equality Act 2010, the employer cannot act partial on the basis of age, religious

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conviction, gender and standing. It is regarded as an unlawful practice and can attract several
convictions and penalties. Furthermore, the factors of dismissal, demotion, training and
promotion, inappropriate terms and condition along with other unfair practices are covered in it.
If any employer is found involved in such deeds then he may be accountable to pay damages to
the victim or obliged to pay penalty or may lead to the cancellation of the license. The partiality
in respect of access to goods and services, employment and education is also prohibited under
the discrimination legislation (Butler, 2016).
Conclusion
Therefore, it can be concluded from the above report that license is essential for the organization
that deal in the operations covered under the Licensing Act 2003. The license holder is required
to take complete care while undertaking actions in order to ensure the safety and protection of
the customers. Along with this, the staff of the organization should also be aware regarding the
impact and use of the licenses. Furthermore, there is should also be awareness regarding
consequences of the non- compliance with the licenses.

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References
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Page, A., McDonnell, G. and Wiggers, J., 2018. Impacts of licensed premises trading hour
policies on alcohol related harms.‐ Addiction. 113(7). pp.1244-1251.
BBC. 2014. Consumer rights and legislation, [Online]. Available at:
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Boyle, T., 2015. Health and safety: risk management. Routledge.
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https://www.businesscompanion.info/en/quick-guides/good-practice/business-to-business-
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Butler, M., 2016. Equality and anti-discrimination law: the Equality Act 2010 and other anti-
discrimination protections. Spiramus Press Ltd.
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.
Carrascosa, C., Millán, R., Saavedra, P., Jaber, J.R., Raposo, A. and Sanjuán, E., 2016.
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Health and Safety Executive. 2016. Manual handling, [Online]. Available at:
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Hill, K.M., Pilling, M. and Foxcroft, D.R., 2018. Affordances for drinking alcohol: A non‐
participant observation study in licensed premises. European Journal of Social Psychology.
48(6), pp.747-755.
Holmes, J., Guo, Y., Maheswaran, R., Nicholls, J., Meier, P.S. and Brennan, A., 2014. The
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Moore, S.C., O’Brien, C., Alam, M.F., Cohen, D., Hood, K., Huang, C., Moore, L., Murphy, S.,
Playle, R., Sivarajasingam, V. and Spasic, I., 2014. All-Wales licensed premises intervention
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The National Archives (b). 2018. Weights and Measures Act 198, [Online]. Available at:
https://www.legislation.gov.uk/ukpga/1985/72 [Accessed on: 24 October 2018].
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