Employment and Safety Regulations in Hospitality Industry

The provided content emphasizes the importance of employer responsibilities in employment processes. Employers must ensure fairness and equality during recruitment to avoid legal hazards, provide a safe working environment by training staff, and abide by health and safety regulations. Additionally, employers must take measures to prevent discrimination against employees based on factors such as gender, religion, and disability. Furthermore, the content highlights the need for regular risk assessments and the provision of personal protective equipment (PPE) in hazardous situations.

LAW OF LICENSED PREMISES

Executive summary:
The researcher shall make discussion on the licensed premises. For this purpose, the researcher
shall focus on the legal and the operational regulations of the UK. Moreover, the researcher shall
make discussion on the risks associated with the business in the last part of the study.
1

Table of content:
Executive summary:....................................................................................................................................1
Introduction:...............................................................................................................................................3
1.1 Different types of licensed premises:....................................................................................................3
1.2 Differences between the personal license and premise licence:...........................................................5
1.3 Comparison of the procedure for licensed application:........................................................................6
1.4 Guidelines on performing the licensed premises by the staffs:.............................................................7
2.1 Consequences of providing misleading information:.............................................................................8
2.2 Extent of the employers’ liability in protection of consumers:..............................................................8
2.3 Planning and justification of the aspects of weights and measures in its implementation:..................9
3.1 Key components of a range of regulations:.........................................................................................10
3.2 Discussion of the duties and responsibilities associated to the licensed premises:.............................11
3.3 Detailed risk assessment of a type of licensed premises:....................................................................12
3.4 Impact of food safety and hygiene legislation:....................................................................................12
4.1 Justification of the responsibilities of the employers in employment process:...................................12
4.2 Key aspects of discrimination legislation:............................................................................................13
Conclusions:..............................................................................................................................................14
References.................................................................................................................................................15
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Introduction:
Licensing refers to receiving permission from the concerned authority on a particular commercial
operational process and its further progress for personal and professional benefits. In that case,
the license is generally issues by a specific authority, appointed by the government of the
national regulatory body on the monitoring and controlling purpose of the targeted business
entity. The current study has developed an extended discussion on the license and its use in the
commercial purpose in the UK business operations. Therefore against the grant or the
permission, the commercial establishment generally pays a charge to run the business for future
sustainability and compliance of ethical practices.
1.1 Different types of licensed premises:
Different types of licensed premises incorporate the following commercial categories that need
permission from the concerned authority before starting the business activities legally.
Hotel and Restaurants:
The hotels and restaurants are licensed for the revenue from both the room occupancy and the
food services to the customers. In this regards, a hotel and restaurant is allowed running its
business against the assurance of 25% of its gross earnings will be from the food sales. Thus, in
opinion of the analysts and authorities, the license in this commercial option enables the business
to sell the complement of the alcohol and beverages1.
License of the retail selling food and personal care products:
This is the license of permitting the business to sale and manufacture the home and personal care
for the customers preferring to shop from a single-step market place. In case of the food
products, the license will deliver the allowance of manufacturing and selling the food products as
per the business nature and the preferences of the customers2. In this context, it has been
observed that licensing of this type of business also creates a good image of the company among
1 Baylis N, Licensing Course Book (England & Wales) (1st edn, Highfieldcouk 2010)
2 Greene M and Low K, 'Public Integrity, Private Hypocrisy, And The Moral Licensing Effect'
(2014) 42 Social Behavior and Personality: an international journal
3

the customers and other stakes to attract significant market share and thus, the scope of
generating revenue.
Brew pub:
This is the permit that allows selling and consuming different types of liquors while having
permission also to manufacture the malt liquor in the licensed premises. In that case, it is
observed that the license also delivers the permission to sale the products at either wholesale
market or retail market. The license instructed to serve the meat while serving the alcohol.
Moreover, the food sales need to be at least 15% of the gross sales.
Licensing of a country or city club:
The licence delivers the permit to the club authority to offer the liquor and sell the same in the
form of non-corporation activities3. In that case, the government permits the clubs to sell liquor
for their members and guests while consumption of the liquor is going on within the premises.
Beer and Wine license:
Beer and Wine license permits selling the Beer and Wine only publicly under the commercial
and legal compliance of rules and framework4. In that case, the instruction in this licence is also
on delivering the sandwiches and other snacks along with the Beer and Wine.
Malt beverage:
This license allows selling only 3.2% of the alcohol in the public place within the said premises
as mentioned in the contract. Therefore, the licence for off premises selling instructed the
organisation to deliver the product in a sealed container to comply with the food and beverage
act5.
3 Hayes J, 'Clouding The Licensing Issues? [Enterprise Software Licensing]' (2010) 5
Engineering & Technology
4 Licensing Personal Care Assistance Services -- A Report To The 2013 Minnesota
Legislature (1st edn, Office of Inspector General, Licensing Division, Minnesota Dept of Human
Services 2013)
5 Nicholls J, 'Alcohol Licensing In Scotland: A Historical Overview' (2012) 107 Addiction
4

1.2 Differences between the personal license and premise licence:
Personal license refers to the permission to an individual for the personal activities and planning.
Therefore, the personal licensing is needed in case an individual would initiate for an activity
where the government permits the individuals to restrict the movements within the region and the
activities in the premises6. Therefore, personal license does not comply with only the commercial
purposes but also the personal activities that come under the national and local regulation. The
personal license incorporates the driving permission, movement within the places within time
bound and right of getting addicted under specific premises7.
Unlike the personal license, the premises license refers to the permit of starting a new venture,
specifically the rights to sell the restricted products and services within the regions. Therefore,
premises license more instructs regarding the commercial activities within the specified places to
restrict the spread of the same among external sources and premises8. However, in that case, it is
revealed that both the licensing comes from the same authoritarian entity while pursuing the
distinct purposes of these activities. In case of personal license approval, the individual needs to
achieve 70% in NCPLH examination to move towards the licensing approval while possessing
the criteria of passing through CRB check. The personal license is approved by the City Council
in London where the premises council needs to fulfil certain criteria of complying with the
legislation on places9. Another difference between these two licensing options is the purpose of
permitting the individuals where both the licenses are approved in the name of an individual. In
this regard, premises license recognises the individuals as the owner of the property where the
production or delivery of the alcoholic products are served and sold. Moreover, the entities
possessing the application of the premises license incorporates performance of a play and event,
arrangement of the games and promotion of films, live shows and recordings. In that case, the
6 Niu S, 'The Optimal Licensing Policy' (2013) 82 The Manchester School
7 Overall C, 'Reproductive ‘Surrogacy’ And Parental Licensing' (2014) 29 Bioethics
8 Tarquin B, Insider's Guide To Music Licensing (1st edn, Allworth Press 2014)
9 Hayes J, 'Clouding The Licensing Issues? [Enterprise Software Licensing]' (2010) 5
Engineering & Technology
5

owner or landlord of the property needs to have proper licensing to let the property in hire for
different events and other activities.
1.3 Comparison of the procedure for licensed application:
The application of the licensing procedure is similar for both the licenses where the
documentation procedure differs from each other. The personal licensing needs to follow the
following procedure:
Application through an application form, available in the government websites is the initial step
of the application where the applicants specify own data and credentials
The next phase refers to the criminality check where the responsible authority examines the past
criminal records of the individuals
The third step of the application incorporates the submission of qualification certificates in order
to judge whether the current qualification of applicant is relevant enough to permit the license for
the expected tasks and activities.
The following phase incorporates the other examination of the individuals to finalise the
clearance of the individual records10. For example, for the driving license, this phase instructs the
applicants to appear for the driving test to decide whether the applicant is fit for the final process
of license delivery.
After the internal procedure of licensing is completed, the liable authority asks the candidates for
the further documents and credentials needed as per the instruction of the application.
The final step of the license application is proceeded after these documentations and practical
examination.
10 Nicholls J, 'Alcohol Licensing In Scotland: A Historical Overview' (2012) 107 Addiction
6

Apart from the above mentioned procedure, the approval of the premises licensing involves a
number of documents rather than the personal documents based on the property act in the UK. In
this context, it is also clear that the responsible authority11.
1.4 Guidelines on performing the licensed premises by the staffs:
The staffs of the licensed premises are liable to comply with the instruction of the government
rules and regulations against which the license is permitted to the company or individual entity.
The guidelines of the licensed premises are as follows:
The staffs are liable to deliver the products and services based on the needs and preferences of
the customers12. Therefore, the guidelines instruct to follow the legal structure and legislation of
the hospitality services while protecting the interest of the stakeholders.
The food quality needs to be matched the legal instruction on the food and beverage act to ensure
the quality production and services to the customers13. The guidance also incorporates protecting
the hazards in the licensed premises as per the instruction of the landlord of the property owner.
The staffs will also be liable to deliver the products and services in presence of the licensed food
and beverages. Therefore, in context of the same, the staffs are liable to comply with the ratio of
earning revenue from the licensed premises’ instructions in terms of sales and foods and
liquors14. Furthermore, the staffs of the hospitality sector are also involved in selling food
products to sustain in the industry for longer with proper compliance on the instruction of
licensing.
2.1 Consequences of providing misleading information:
11 Hayes J, 'Clouding The Licensing Issues? [Enterprise Software Licensing]' (2010) 5
Engineering & Technology
12 Baylis N, Licensing Course Book (England & Wales) (1st edn, Highfieldcouk 2010)
13 Nicholls J, 'Alcohol Licensing In Scotland: A Historical Overview' (2012) 107 Addiction
14 Overall C, 'Reproductive ‘Surrogacy’ And Parental Licensing' (2014) 29 Bioethics
7

In the present context, advertising is considered as one of the most crucial aspects for developing
business. In this context, the researcher is required to mention that the business service providing
organisations often use the tool of proper advertising in order to take the competitive advantage.
On the other hand, the firms indulging in providing services are also required to be considered as
provider of misleading information. Government of the UK required to be intervened for the
purpose of misleading practices made by the profit seeking concerns in the country. The
researcher is required to mention the implication of Fraud Act and Perjury Act while making
discussions on the consequences of providing the misleading information to the society. On the
other hand, the researcher is required to mention that Social Care Act 2012 and the Competition
Act 1998 for making discussion on the effects of misleading information.
In 2014, the government of the UK introduced the Care Act to stop the false and misleading
information offences. As per this act, the public bodies, which provide healthcare services to the
people of England, are bound to make advertisements, which are true and authentic. In this
context, it is to state that the acts in the UK regarding misleading information and falsification of
information could results in criminal offences. In this regard, it is required to mention that the
guilty persons of the above mentioned acts could be verdict as criminal and 5 to 15 years of
imprisonment could be the result of misleading information. In this context, the researcher is to
mention that the Care Act of the UK empowers the court to make monetary penalties to the
providers of the misleading information.
2.2 Extent of the employers’ liability in protection of consumers:
The Enterprise Act of the UK states the consumers as a stakeholder of an organisation. In this
regard, the researcher is required to mention that as the Enterprise Act of the country forces the
owners to protect the interests of the stakeholders, the right and interest of the consumers are
required to be protected. The Consumer Rights Act of the UK is to be considered as the basic set
of laws in protecting the interest of the consumers15. In this context it is to be mentioned that the
employers in an organisation are required to make proper concentration in order to make the
interest of the consumers protected. In the Consumer Rights Act of the UK, it has been
15 Niu S, 'The Optimal Licensing Policy' (2013) 82 The Manchester School
8

mentioned that the misleading information to the customers is the preliminary activity that could
violet the interest of the consumers. In this context, the researcher is required to mention that the
falsification practices in the businesses are required to be prevented by the employers in order to
protect the interests of the consumers16.
The organisation is therefore required to abide by the provisions of the laws mentioned in the
above portion of the study. The researcher is required to mention that the consumers of the
organisations in the UK are to abided by the Consumer Protection Act of the country in order to
protect the interest of the consumers and to avoid the financial consequences. On the other hand,
the researcher is required to mention that the organisation is to consider the qualitative issues for
serving the people of the country. It is to mention that the product of service quality and the
maintained of the issue is the liability of the employer and therefore, the producers are required
to adopt proper manufacturing process and servicing standard.
2.3 Planning and justification of the aspects of weights and measures in its implementation:
The management of the organisation is required to make proper planning in order to continue the
business in the UK. In the initial level, the management of the organisation is required to
ascertain the service providing standard. It is to mention that the service providing standard in an
organisation is the key of providing service to the clients. In this context, the researcher is
required to mention that the advertising policies are an important tool for making sustainable
improvement in the market place. On the other hand, the researcher is required to mention that
the selling and marketing managers are to provide authentic advertising policies to prove the
existence in the market. As per the provisions of the Enterprise Act of the UK, consumer’s
interest is required to be considered as one of the most important issues in the present business
context as violation of consumer’s right could results in financial penalty in the UK.
In this context, the researcher is required to mention that the trading practice of the organisation
is required to be scrutinised regularly as this kind of regular auditing results in improvement in
16 Licensing Personal Care Assistance Services -- A Report To The 2013 Minnesota
Legislature (1st edn, Office of Inspector General, Licensing Division, Minnesota Dept of Human
Services 2013)
9

the legal procedure in the organisation. In this context, the researcher is required to mention that
the legal formalities in the country is required to be abided in proper manner by appointing legal
advisors as the legal requirements could be addressed properly by the legal experts. The
organisation is required to avoid the financial penalties and the other penalties as this kind of
penalties could create contingent liabilities and abnormal losses to the companies17. Therefore, to
avoid the financial expenses and to minimise the liabilities, the management of the organisation
is required to minimise the violation of the provisions of the Enterprise Act, Competition Act and
the Care Act of the UK.
3.1 Key components of a range of regulations:
In the UK, the trading policies are considered as well developed as the protection of the interest
of the stakeholders is considered as the base of the legal structure of the company. In this regard,
the researcher is required to mention that the hospitality business in the UK requires some legal
formulation like specified number of employees and service staffs, defined service hours, price
as defined by the government of the country and the stipulated distance from educational
institutes. In this context, the researcher is required to mention that the premises licensing is also
required for the purpose of doing business in the cities of the UK. If the discussion is required to
be made on the factors on which the trading in the UK is to be made, the researcher is to mention
that the trade practice act is required to be considered as most crucial.
The researcher is required to mention that the premises of the business are required to be licence
by the government authority of the UK. It is to mention that on licensing and off licensing are to
be considered importance for the management of the business as the place of consumption of
alcohol is required to be determined by the government of the UK. In the on licensing agreement,
the government gives permission to consume alcohol in the premises of the shop. On the other
hand, off licensing permits the management to sale alcohols but the customers could not make
17 Licensing Personal Care Assistance Services -- A Report To The 2013 Minnesota
Legislature (1st edn, Office of Inspector General, Licensing Division, Minnesota Dept of Human
Services 2013)
10

consumption of alcohol in the premises. In this context, the researcher is required to identify this
factor as an important component of regulation.
The time of consuming the alcohols is also required to be considered as an important aspect of
legal framework of the UK. Consumption of alcohol in the premises after 11 pm is prohibited in
the UK; therefore, the management of the company is required to prohibit the alcohol
consumption in late night. The staffs of the company are also required to work for a shift of eight
hours as per the act of the UK. Therefore, the time of service is also required to be considered as
a crucial factor for continuation of business in the UK.
The age factor in the hospitality industry plays an important role as the UK acts mention the age
factors for different services. In this context, the researcher is required to mention that the
children are not allowed to consume alcohol products and therefore, the management requires
making proper verifications regarding the age of the customers. Only adult persons would be
served by the organisation, and therefore the component of age of the customers is required to be
considered with proper importance.
3.2 Discussion of the duties and responsibilities associated to the licensed premises:
The researcher is required to make discussion on the duties and the responsibilities of the
management of the organisation in terms of the rules and regulations as these factors could affect
the business operations of the company. Initially, the researcher is required to mention that the
pricing laws are required to be abided by the management. It is to mention that the disputes over
the pricing in the UK could results in ceasing of business. Moreover, the food labelling as per the
requirement of the Health Safety Act of the UK is also required to be considered as an important
duty of the management of the company. The percentage wise ratio of the ingredients is required
to be mentioned in the packets or bottles of the company.
Nevertheless, the researcher is required to mention that the product liability is to be carried out
by the manufacturers as per the requirement of the Consumer Protection Act (CPA). Product and
service negligence is required to be assumed as the most frequent issues that results in legal
actions in the UK. In this context, the researcher is required to mention that the manufacturers
and the sellers are required to ensure the post sales services. As per the CPA of the UK, the
sellers and the manufacturers of a certain product are required to be responsible for all kind of
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services to the customers. Moreover, the interest of the employees is also required to be kept by
the employers as per the need of the legal framework of the UK. Safety and the prevention of
accidents are also required to be considered as crucial responsibilities of the management of the
organisation.
3.3 Detailed risk assessment of a type of licensed premises:
The researcher is to mention that the licence premises could face the risk related to the sale of
alcohol in late night. On the other hand, the sale of alcohol to the non adult customers is also
required to be considered as a risk related to the business. Late night operation of the shop is to
be considered as the most effective risk as this risk could results in closing of business as per the
law of the country. The risk regarding the location of the shop is also required to be considered
as a crucial risk associated with the licensed premises as sellers of alcohol products could not
make sale in a place, where educational institutes are situated.
3.4 Impact of food safety and hygiene legislation:
In the business of alcohol products, the sellers and the manufacturers are required to focus on the
health and hygiene issues to continue the operations. In this regard, the researcher is required to
mention that the ingredients are required to be shown in the labels of the products. Moreover, the
ingredients are required to be safe as per the legal requirements of the UK. Proper examination
regarding the quality of the ingredients is also required to be made by the management of the
company.
4.1 Justification of the responsibilities of the employers in employment process:
In time of recruiting employees for the hospitality organisation, the employer must carry out own
responsibilities aptly to select best candidates giving preference to fairness and equality to avoid
legal hazards. The employer must abide by all the rules and regulations set by the government to
ensure health and safe work practice and minimise the chances of health risks. It is the sole
responsibility of the employer to train and supervise the staffs increasing ease of work.
Consulting the employees to assess the area of risk is required to ensure safe working
environment for all the staffs. In case of risky situations, where personal protective equipments
(PPE) are required, the employer must provide those to the concerned staff and make it
12

obligatory to be strictly followed by everybody. WHS is one of the areas that need regular
infection that should be ensured by the employer by recruiting expert in the field. Adequate and
equitable facilities to the all employees should be provided so that it legalities are maintained.
Regulations and legislations related to health, safety should be abided by, and employer should
be responsible enough to ensure those. On this note, it should be noted that equipments used for
work should be safe and not harmful to health of employees. Proper risk assessment is required
and employees must be made aware to deal with any risk at time of occurrence. Employers must
be fair at the time recruiting staffs for a specific post avoiding favouritism and aim should be
recruiting best-suited candidate for the post. Different safety signs may be useful here to avoid
incidence of health hazard.
4.2 Key aspects of discrimination legislation:
Discrimination is one of the focused areas of employment, safeguarded by acts that empower the
legal proceeding. Equality Act, 2010 is enforced to ensure equal opportunities for all while in an
organisation regardless of their cast, gender, religion and belief. The act empowers the rights of
the employees from discrimination at any circumstances, which is safeguarded by law. Penalties
such as imprisonment and financial penalty are enforced to strengthen the application of the law.
In this light, the employer can be held liable for any type of accident within the time of
employment due to not giving preference to health standard set by the regulatory body. The
rights of the employees have been strengthened by providing them with the chance of taking
legal actions against the employer. Compensation is given as remedy after the legal proceeding
and if the employer is held negligent for the damage or loss related to health. Discrimination may
be performed in redundancy, recruitment, benefits, terms and conditions. Disability is another
area, where chances of being discriminated are greater. However, the law empowers the right of
the employees to take legal action and seek compensations if they have been treated in an unfair
way. Employees may find favouritism that is one sort of discrimination and regardless of any
sector; the employer should strictly avoid those18.
18
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Conclusions:
In this study, the researcher has analysed the requirements of the licence premises. In the initial
part, the researcher has found that the licence premises require the consumer protections and the
enterprise acts to be abided. On the other hand, the late night sale of alcohol is also seen as a
crime for the manufacturers and the sealers of the alcohol. Moreover, the researcher has also
found that the risks related to the product selling and place of operations are important for the
sellers of the alcohols.
14

References
Baylis N, Licensing Course Book (England & Wales) (1st edn, Highfieldcouk 2010)
Greene M and Low K, 'Public Integrity, Private Hypocrisy, And The Moral Licensing Effect'
(2014) 42 Social Behavior and Personality: an international journal
Hayes J, 'Clouding The Licensing Issues? [Enterprise Software Licensing]' (2010) 5 Engineering
& Technology
Licensing Personal Care Assistance Services -- A Report To The 2013 Minnesota
Legislature (1st edn, Office of Inspector General, Licensing Division, Minnesota Dept of Human
Services 2013)
Nicholls J, 'Alcohol Licensing In Scotland: A Historical Overview' (2012) 107 Addiction19
Niu S, 'The Optimal Licensing Policy' (2013) 82 The Manchester School
Overall C, 'Reproductive ‘Surrogacy’ And Parental Licensing' (2014) 29 Bioethics
Tarquin B, Insider's Guide To Music Licensing (1st edn, Allworth Press 2014)
19
15