Law of Licensed Premises: Roles, Responsibilities, and Regulations

This report discusses the law of licensed premises, specifically related to bars and casinos. It covers the roles and responsibilities of management, licensing procedures, consequences of providing misleading information, key components of regulations, and relevant discrimination legislation.

Running Head: LAW OF LICENSED PREMISES
LAW OF LICENSED PREMISES
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Author Note

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Introduction
The law of licensed premises aims to protect the property of a person (Gov.uk 2018). Tangible
as well as intangible properties are covered within the purview of Laws of licensed premises.
Shops, buildings or other types of premises which are licensed by significant and relevant
authorities for the purpose of conducting any commercial activity can be termed as licensed
premises. It can be mentioned that licensing of premises is done to prevent any criminal, illegal
activity and public nuisance. Such licensed premises carry on their activities by deriving
permission from the regulatory authority. In this report the a description the law of licensed
premises which are specifically related to bars and Casino will be provided. For the purpose of
discussing the law of licensed premises, Aspers Casino which is based in United Kingdom has
been chosen. This report will elaborately discuss the roles and responsibilities of management of
such bars and casinos, the procedure of licensing, consequences of providing customers with
misleading information, key components of regulations governing the activities of the chosen
licensed premises, impact of relevant food safety and hygiene legislation and the relevant
discrimination legislation which is appropriate in the chosen licensed premises. It can be
mentioned that a license is required to be acquired by a premises if such premises engages in
serving or supplying alcohol. A small bar license can be acquired by any premises which serves
liquor up to 60 patrons. Personal license can be defined as the portable license which is required
to be acquired by the person who engages in selling alcohol in the aforementioned type of
premises. Since Aspres Casino exists for the purpose of providing entertainment to people and
allows people to gamble in addition to serving alcohol Aspers had been required to apply to the
gambling commission for a gambling license. The Gambling commission of UK acts as the
regulatory and licensing authority which regulates the operations all gambling institutions.

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According to the Licensing Act 2003 every premise which provides entertainment to its patrons
must acquire a Club Premise License (Legislation.gov.uk 2018). The same had to be acquired by
Aspers as it provides entertainment in the form of gambling to the people.
Discussion
Assessing the consequences of providing consumers with misleading information
The Consumer Protection from Unfair Trading Regulations 2008 (CPR) states and controls the
unfair trade strategies and practices that are used by traders while dealing with consumers. This
is also applicable in the chosen type of licensedpremises (Legislation.gov.uk. 2018). The
aforementioned act imposes criminal charges on traders who breach such terms of fair trade as
stated by the regulations. This regulation specifically prohibits misleading actions and
misleading omissions which are likely to adversely affect the decision of the consumers.
Decisions taken under the influence of misleading actions of traders are considered to be those
which would not have been by them in the absence of such misleading conduct. The Consumer
Protection from Unfair Trading Regulations 2008 (CPR) s has categorized and specifically
prohibited the four types of unfair trading practices as enumerated below:
 Trade practices which are prohibited in all circumstances
 Misleading omissions and actions
 Aggressive practice
 General duty of traders to trade fairly
There are several remedies that are available to consumers who have been victims of unfair trade
practices. Such consumers are allowed the right to unwind. The right to unwind allows
consumer to undo or rescind a contract and be put back in the position such consumer would

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have been in the absence of such unfair trade practice. However for consumers to unwind a
contract, they must reject goods and services acquired by them within a period of 90
days(Legislation.gov.uk 2018). The right to unwind, however is not applicable in all scenarios.
Consumers are entitled with the right to unwind the goods or service purchased has been fully
consumed.
Consumers are entitled to receive a discount as well as damages if they have been victims of
unfair trade practices. Right to discount applies when the goods or services acquired under
influence of unfair trade practices have been consumed. Right to damages is available to
consumers if they suffer a loss which exceeds the price of the goods or services purchased.
The aforementioned casino can also face penalties, if it breaches any of the provisions of (CPR).
A breach of any of the provisions of CPR is a criminal offense which has a maximum penalty of
two years of imprisonment along with a fine.
Responsibilities and Duties of management in relation to management of licensed premises
It can be stated that the management of the licensed premises have certain duties and
responsibilities to the customers. Some of the key responsibilities and duties include:
 Strictly complying with the provisions of common law while conducting business within
the licensed premises
 Assessment of the risks in order to prevent injuries to the customers and the staff in future
events
 It is the duty of the management to work as per the directions of the owner of such
licensed premises or any designated supervisor.
 Refrain from providing deceptive and misleading information to the customers

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 It is the liability of the management to supervise and monitor the acts of the subordinate
Extent of employer liability in the protection of consumers
It can be mentioned that employers have the obligations to conduct duties in an appropriate
manner in order to prevent any risk or harm to the consumers. The primary responsibility of the
employers is to provide protection to the consumer while such consumer is present in the
licensed premises. Employers of the chosen type of licensed premises are required to maintain
the quality of the goods of services to be provided to the consumers. They are also responsible
for changing fair prices to the consumers for goods and services provided to such consumers. It
can be mentioned in accordance with the Consumer Protection Act that employers are to be held
liable for the misconduct that occurs in the licensed premises. Further in relation to the
Consumer Protection Act it can be said that key information regarding quantity, quality and
statutory warning must be provided to the consumer by the employer (Legislation.gov.uk 2018).
An employer of a casino must ensure that the rights of the workers who work in late nights shifts
are protected and they are not made to work extra hours according to the Working Time
Regulations 1998 (WTR) (Legislation.gov.uk 2018). An employer must ensure that a night
worker does not work for a time period of not more than 8 hours in each 24 hours at a stretch for
17 week period. It has to be ensured by an employer that a night worker who is employed in the
gaming industry which includes casinos is entitled to free health assessment prior to starting the
employment and at regular intervals during the course of employment. Not complying with the
WTR, dismissing an employee unfairly and victimizing an employee for reporting a complaint
related to non compliance of WTR could make the employer face a tribunal claim for breach of
the regulations. The employers under the Health and Safety Act 1974 have the responsibility of

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providing the workers with a safe work place (Legislation.gov.uk 2018). The employers must
carry out assessment for identifying health of female workers who are of the child bearing age.
Planning a policy to ensure that all aspects of the legislation are implemented
Several policies have been devised by the law to ensure that all aspects of legislation are properly
implemented in the licensed premises. As discussed before employers are required to ensure that
they comply with the relevant legislations and customs while conducting business. Employers of
casinos must ensure that the staff of the Casino does not indulge in Unfair trade practices which
are prohibited by the Consumer Protection from Unfair Trading Regulations 2008 (CPR). They
must not mislead the customers and use aggressive practices for forcing them to gamble. They
must not hide or omit any material facts from the customers which could likely affect the
decision of such customer. It is also important to state that employers of gambling institution are
required to comply with al the provisions as provided in the Gambling Act 2005. Such
employers must ensure that no fraudulent and gambling related offenses are committed in the
licensed premises. The employers must ensure that the licensed premises is used for the purposes
as provided in section 37 of the Gambling Act 2005. The employer of gambling institution
which has been licensed for that purpose must ensure and formulate a policy which restricts the
entry of a young person into the premises. It can be stated that invitation of a young person to
gamble is a an offense under section 46 of the Gambling Act 2005 (Legislation.gov.uk 2018). It
can be stated that a young person commits an offense when such person engages in the act of
gambling. The employers of gambling institutions must ensure that the rights of the late workers
in the employees are protected under the WTR. The policy to be drafted by the employer must
also have the relevant provisions of Health and Safety Act 1974 (Legislation.gov.uk 2018).
Further it can be stated that the clauses regarding the policies to be implemented by the employer

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of gambling institutions have been provided in Weights and Measures (Packaged Goods)
Regulations Act 2006(Legislation.gov.uk 2018). The aforementioned act has been established for
controlling the quality of packaged goods. This policy can be implemented by the employer as
such policy informs the consumers about the products that are consumed by them.
The key components of a range of regulations
The main components of the range of regulations in the licensed premises of the chosen type are
the following:
Safe Working environment- All the hotels, clubs and Bars which have more than five employees
are required to have a policy of safety of the customers. All the employees employed in such bar,
club and hotels must be informed and about the policy so that such policy can be implemented
and the safety of the customers is ensured. Such policy of safety of the customers must contain
arrangements for emergency situations, maintenance of equipment to cope with hazardous
situations and procedures for reporting accidents (Hse.gov.uk. 2018). In addition to all of this
employers of such types of licensed premises must provide training to the staff about disaster
management. Such employers of licensed premises must make first aid arrangements.
Noise- The control of Noise at the Work Regulations act came into effect on sixth April 2006.
The basic objective of the act was to ensure that the staff employed in the workplace is not
exposed to excessive loud noise which might impair their hearing ability and might cause
permanent ringing in their ears (Legislation.gov.uk 2018). Employers must not expose
employees to any noise which is louder than 85 decibels.
Emergency Services- Having proper emergency services are mandatory for every type of
premises. The organization in consideration must check at regular intervals whether the

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emergency services are functioning properly. Organizations must ensure that exit doors are
opening properly, fire alarm is in a working condition and whether fire extinguisher is in place
and working properly. Emergency services although are not used in day to day operations but are
instrumental in ensuring the safety of the customers and the staff within the organization. It can
be noted that efficient planning is instrumental in emergency management. Planning for
emergencies is essential for avoid hazards which might affect any hotel, restaurant or pub.
Examples of such hazard include hotel fires. Effective emergency planning also hed the
management to identify the crisis warning signals. It can be stated that licensed premises such as
hotels, bars, pubs and restaurants have been identifies as high risk buildings due to the presence
of inflammable materials. There is also a high chance of the fire spreading to the neighboring
building. It has been assessed that concentration of guests in a particular area makes it difficult
for the building authorities to evacuate the building quickly, therefore having many emergency
exit doors is important to reduce the concentration of people in one particular place.
Hygiene and disclosure procedure- It can be stated that all hotels, restaurants, pubs and casinos
are required to provide a safe and hygienic environment to the staff as well as the customers. The
occupiers liability act makes it mandatory for the specific types of licensed premises in
consideration to take measures so as to prevent any possibility of harm to be caused to the
customers or the staff.
Good Quality of food- General Food Law Regulations (EC) 178/2002 makes it mandatory for
business to comply with the regulation which govern the safety of the food, traceability of the
food, recall any food that is unsafe for health. It can be stated in accordance with the provision as
provided in Article 16 every business organization must the food served must be labeled properly
and the advertisement of the food must not be deceptive and misleading. Further article 14 of the

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aforementioned convention states that every business organization is prohibited to place unsafe
foods in the market which are considered to be injurious to the health of the customers and are
unfit for consumption. Article 19 of the aforementioned Regulations imposes an obligation on
the food business to recall any food it the same does not comply with the provisions as provided
in article 14 regarding the food safety requirements. It can be stated that the aforementioned
articles of the General Food Law regulations must comply with the Food Safety Act 1990
(Legislation.gov.uk 2018).
Health and Safety at the work place- According to the Health and Safety at Work Act 1974
Employers are required to take steps to ensure the health and safety of the employees as well as
the general public (Legislation.gov.uk 2018) . Employers according to this act must also provide
electrical safety. The employers must appoint electrical inspectors to inspect if any electrical
defects exist in the workplace and therefore avoid any accidents that might occur due to the
electrical defects.
Display Regulations- An employer must protect the employees who work with display screen
equipments from health risks due to being exposed to such display screens for long hours.
Examples of such display screen equipment include computers, laptops, smart phone and tablets.
The health and safety (Display Screen Equipment) Regulations 1992 are applicable to workers
who use such display screen equipment at a stretch for more than one hour (Hse.gov.uk 2018).
For the purpose of ensuring that the workers who use such display screen equipments are
exposed to health risks, employers must conduct a Display Screen Equipment assessment in the
workplace. Such employers must make sure that employees who work with display screen
equipment take breaks so as to reduce the risks associated with it. Employers must also provide
eye tests if it is asked for by the employees. It can be noted that in the chosen type of licensed

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premises employees are likely to work on such display screen equipment and therefore
complying with the (Display Screen Equipment) Regulations 1992 is a must.
Impact of food safety and hygiene legislation
The government authority, The Food Standards Agency in the United Kingdom is in charge of
the hygiene and safety of food in the country (Gov.uk, 2018). The aforementioned department
aims to work with the business organizations which serve food to the customers such as
restaurants, pubs and clubs and assist them in producing safe food. The department of Food
Standards Agency in the United Kingdom also aims to assist the local authorities for the purpose
of enforcing the food safety regulations. The aforementioned department makes it mandatory for
the businesses which serve food to the customers to file documents to the food safety
management systems.
Responsibilities of employer in the employment of staff
An employer is responsible for ensuring the health and safety of the employees in the workplace.
It is the duty of the employers to minimize the risks of the harm and hazards in the work place so
as to provide a safe working environment to the employees (Supanti, Butcher and Fredline
2015). In the chosen type of licensed premises, the employees are likely to be exposed to the
health risks therefore, such employees must be provided with protective equipments for free.
Casinos generally stay open till late, therefore the staff are required to work till late night. The
employers of such type of licensed premises are therefore required to provide the workers with
remuneration for working overtime, free health checkups and safe transportation. An employee
should not be forced to work in a working condition which such employee does not feel safe. It
is also the responsibility of the employers to provide training to the employees. The Employers

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must listen to the health concerns of the employees and if they choose to ignore to do so, the
employees have the right to contact the local authority in charge of implementing the health and
safety standards. It is the responsibility of the employers to fix the salary of the employee in
compliance with the national Minimum wage. Employees should be given annual aid holidays
and should be given at least one day leave in a week.
Key aspects of discrimination legislation
It is the responsibility of the employers to treat all the employees equally. They should give
equal opportunities of employment to all the employees and should not discriminate any
employee on the basis of race, case, gender, disability, sex or age. Workplace discrimination has
been prevented in the workplace by the Equality Act 2010 (Legislation.gov.uk. 2018). The
purpose of the Equality Act is to codify the numerous arrays of regulations and acts which
governed the anti discriminatory laws in the United Kingdom. Thus it can be stated that in the
chosen type of licensed premises employers must not discriminate among employees and must
provide them with equal employment opportunities. They should be free from any biasness or
prejudice towards any employee.
Conclusion
Thus to conclude, it can be stated that a wide range of laws and regulations are applicable on the
chosen type of licensed premises, casino. The Casino must not indulge in unfair trade practices
and must uphold the principles of Corporate Social Responsibility. Such type of licensed
premises must not provide its customers with false or misleading information as per the
provisions of Consumer Protection from Unfair Trading Regulations 2008 (CPR). This
regulation specifically prohibits misleading actions and misleading omissions which are likely to

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adversely affect the decision of the consumers. Decisions taken under the influence of
misleading actions of traders are considered to be those which would not have been by them in
the absence of such misleading conduct. Employers are required to ensure that they comply with
the relevant legislations and customs while conducting business. Employers of casinos must
ensure that the staff of the Casino does not indulge in unfair trade practices which are prohibited
by the Consumer Protection from Unfair Trading Regulations 2008 (CPR). The employers must
ensure that the licensed premises are used for the purposes as provided in section 37 of the
Gambling Act 2005. Some of the key components of the range of regulations include Safe
working environment, noise, emergency services, hygiene and disclosure procedure, Good
quality of food, health and safety of the workers and display regulations. Employers of the casino
must ensure that food served by them is in compliance with The Food Standards Agency. The
employer has certain responsibilities to their employees and must not discriminate any employee
on the basis of the grounds as provided in Equality Act 2010.

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Legislation.gov.uk. (2018). Licensing Act 2003. [online] Available at:
https://www.legislation.gov.uk/ukpga/2003/17/contents [Accessed 17 Apr. 2018].
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[Accessed 17 Apr. 2018].
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General Food Law Regulations (EC) 178/2002

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Gov.uk. (2018). Premises licence (England and Wales) - GOV.UK. [online] Available at:
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