Laws for Licensed Premises: Consumer Rights and Employer Liability

This report examines the legal framework governing licensed premises, focusing on consumer protection and employer liability. It explores the consequences of providing misleading information to consumers, including penalties and the role of consumer protection regulations. The repor...Read More

Laws for licensed premises

TABLE OF CONTENTS
INTRODUCTION...........................................................................................................................3
TASK B ..........................................................................................................................................3
2.1 Consequences of providing consumer with misleading information...............................3
2.2 Evaluate the extent of employer liability in the protection of consumers........................5
2.3 Justify a policy for ensuring that all aspects of weights and measures legislation are
implemented...........................................................................................................................6
3.1 Key components of a range of regulations.......................................................................7
3.2 Duties and responsibilities associated with the management of licensed premises.........7
3.4 Evaluate the impact of food safety and hygiene legislation............................................8
4.1 Justify the responsibility of the employer in the employment of the staff.......................8
4.2 Key aspects of discrimination legislation.......................................................................10
CONCLUSION.............................................................................................................................10
REFERENCES .............................................................................................................................12

INTRODUCTION
Law for licensed premises is the law which is used to protect the property and objectives
of the individual. Licensed premises can refer to buildings, properties or any other area which
has legal authorities for smoothly functioning the commercial business practices. License is
issued to provide legal authority to something in order to use it with the help of norms and
regulations. In the industries like hotels, education centres and social and health care units, legal
authorisation is very essential for conducting their business functions systematically. This report
is based on the importance of different types of licensed premises, difference between personal
and premise license and procedure for license application.
TASK B
2.1 Consequences of providing consumer with misleading information
There are various rules and regulations which help consumers to protect their rights;
there are several number of seller who provides wrong information to the consumers regarding
their goods and services. If such things are get caught then in such situation, consumers are
allowed to take decisions against the traders so as to protect their rights. Such misleading
guidance can include providing wrong information about price, expiry date and quantity of the
product. While purchasing goods and services, consumers should also be well aware regarding
the prize and all the other attributed of the product (Buyucek, 2018).
Consumers rights also included right to unwind where they can discontinue all the
contracts and agreements they have made with the traders in order to prevent themselves from
cheating and mischief. In such process, they need to reject the good in the period of 90 days
from purchase.
In case of any damage occurred during the guarantee and warranty period, consumers
have rights to claim damage and losses.
Consumers can take various measure to protect their rights from being hammered by the
traders, they can bring them in court and also ask for compensations and penalties as per the
nature of the loss or damage occurred.
There are very adverse consequences of providing miss leading information to the
consumers, but many customers ignores this fact and in many cases they don’t show any interest
in granting punishments to the traders.

The consumer protection from unfair trading regulations 2008, is used to control the
unfair practices which are conducted by the consumers in order to gain the profit. The traders
practice unfair methods of raising their profits by giving wrong information regarding the usage
and the importance of the products to their customers, for example changing the expiry date of
the products or charging extra than the given cost of the products for regulating such practices of
the seller, Consumer Protection from Unfair Trading Regulation Act 2008, is applied by the
government. This act provides norms and regulation for approximately 31 specific practices that
are considered as an unfair means by the government, that are used by the trader to cheat the
customers. The main role of the CRP is to protect customers from the unfair means, four types of
practices that comes under the this and they are: practices that are prohibited under all
circumstances, misleading omission and actions, aggressive practices and general duty of not
trading unfairly. Such regulations help in protecting the rights of the customers (Donnelly,
2017).
The organisations which are based on the hotel and hospitality industry, specially provide
mislead information to their visitors regarding their services and all the other benefits and
facilities offered by them. As according to the case of Hotel 41, London, the visitors done all
their booking through cell phone, so whatever information the managers had provided them
regarding the rooms and all the other facilities that are present in the hotel, the group considered
it right, and pay the asked price for it. When the people reached the hotel, they have seen the
behaviour of the staff members is not appropriate and the amount they have pad for the rooms is
not feasible as the facilities are very general and they have paid for premium facilities. In general
word, the managers of Hotel 41 cheated the group by providing them wrong information
regarding the price and the facilities of the hotel. The group can take various measure to protect
their rights but they refuse to do so as because of the lack of knowledge regarding the rights and
protection act.
The current issues regarding the misleading information provided by the organisations is
that whatever they mentioned on their internet sites related to the services and facilities provided
by them is not true, they update the fake information on their sites to attract the customers and
when the people reach their they identify the variations is expected and actual services.
Same thing happened in the case of cruise line, the individuals expect that their stay is
going to be very memorable as per the details given to them, but it real it is not as per their

desires and expectation. The cheating and the unfair means are increased due to the rise in use of
social media and internet, as the people are not able to cross verify the information that is being
provided to them. Example: David and his family members booked a 2 night stay at the cruise,as
per the information given to them, they expected it to the very good and pleasant experience, but
when the family reached at the cruise the behaviour of the staff members as not as per there
expectations , the services provided by them is also not up to the mark. Thus David and his
family felt cheated. Companies that deals in such sectors it is very important for them to be
polite and generous with there visitors.
There are various consequences of providing wrong information to the customer: it can hammer
the license of the seller, heavy penalty, compensation to the effected customers, banning their
rights to deal I the specific market in case of some severe damage to the customers and many
more.
There are various brands and organisations who mislead their customers through wrong
commercial advertisements.
These are the means through which, companies are able to attract the large range of the
customers, and to increase it recognition in the market, generally these days’ advertisements are
the means of communication through which organisations can communicate with their targeted
customers, but there are few companies that use it in a wrong way.
2.2 Evaluate the extent of employer liability in the protection of consumers
Protecting the rights of the consumers is very crucial duty of the employees, it’s their
responsibility to provide assessment to their customers in order to achieve their trust and loyalty.
Employees doesn't have any kind of choice, it’s their liability to protect the rights of the
consumer.
The Sale of Goods Act 1979, lay stress on the duties of the employees towards the
consumers in order to provide them protection.
Employees protect rights of the customers in various ways, it’s their responsibility to
check the quality and quantity of the products and if they can catch any issue than they must
coordinate with production team to analyse the problem. Customers are the foundation of any
business organisation, it is their core responsibility to protect their rights.
Leaders and managers of the organisation must regulate the working of all the other
employees and staff members in order to find out if there any negligence or ignorance is taking

place. The employees owe the customers, it is their ethical authority to provide goods and
services of better quality to them (Chopra, 2018).
There are various goods and services, which are of damage quality and it’s the right of
the consumers to claim the damage; if consumers face any issue, it is the responsibility of the
employees to help them and provide all the reasonable benefits to them.
The employees and the workers of the hotel and hospitality industry should deeply focus
upon the rights of the customers as they are their first responsibility. The employees or the staff
members are the one who are present on the first hand and to whom the customers are going to
interact directly, so they should provide desired services to the customers in order to fulfil their
level of satisfaction. All the hospitality organisations like hotels, resorts or cruise liners should
provide their employees some training and development regarding the rights and issues of the
customers. In case of any casualties occur in the premises with the visitors the staff members and
the employees are responsible and answerable for that.
This is because they are the first people who are going to interact with the customers to
its their responsibility to provide protection to their rights under any circumstances.
Advantages of employer liability in the protection of consumers in Hotel Hilton:
The organisations like Hotel Hilton, deals in highly competitive areas it is very important
for them to analyse there working in order to maintain the sustainable position in the market.
 It is important for the staff members of Hotel Hilton to protect the rights of there visitors,
for making there stay safe and secure. It helps in providing various kinds of benefits to
the members of the hotel as dedicates staff will bring growth to the organisation. As per
the reports of 2013, hotel Hilton is one of the top leading hospitality organisation in
terms of the services provided by there employees to there customers.
 This will also develop sense of satisfaction among the customers, if employees will shoe
there concern regarding the safety and security of the customers than this provide
motivation to the visitors to come back again to Hilton. As this will also helps in
increasing the growth and development of the organisation. According to the reports of
last one decade, hotel Hilton is one of the top leading organisation of world.
While on the other hand its disadvantages are:

 It creates liable feeling among employees, as they are continuously involve in taking care
of the customers, it has been seen many times that it create negative impact upon there
own goals and objectives.
 It also tends to looses there interests from there work, listening to demand and desires of
customers often create some negative feeling among the employees, and there are many
cases of hotel Hilton where behaviour of customers is very rude towards there services
providers.
 Some customers are over demanding in such case it irritates the mind of the employees.
2.3 Justify a policy for ensuring that all aspects of weights and measures legislation are implemented
Weights and Measures Regulation 2006, provides details about the packaged goods and their
quantity. It is based on 3 rules of packer.
 The quantity of the packaged goods should not be less than the quantity which is assigned in
the norms.
 Packaging proportion should be up to the assigned level. It should not be above that.
 Packaging must be of appropriate manner.
Hotel Hilton is very bog chain of hotels, it is very important for the organisation to assess
there working as per the marked laws and norms. While serving food and drinks to there customers it
is important for the members of the Hotel to follow certain laws and applications like, it comes under
the criminal offence to serve alcohol any other kind of beverages which include ingredients of alcohol
to an intoxicated person. Permit premises where alcoholic beverages are consumed by the "drink" are
required to have food service available, at all times, for at least 25 persons.
Legislation provides certain norms and rules regarding the measures and weights of the packaged
goods. Cheating customers in pack goods is quite an easy technique for the traders, so for handling
such situations, packed goods have to pass all the legal norms and regulations that are being applied
by the government for protecting the rights and benefits of the customers (Dorji, 2016).
Such techniques are implemented by the government in order to ensure that the rights of the
customers are not get hammered by the sellers or the manufacturing or production units of the
organisation. The current issues in this is, that the packaged food is filled half with the air and very
less quantity of the food is available in that. Many companies who deals in packed snacks, fill half of
their packaging with air and very less amount or quantity of food item in it.

These are very common tactics filled by many of the companies, for regulating such functions
performed by the organisations, government take various kinds of measures to protect the rights of the
customers.
On the other hand, customers can also help government by developing and enhancing their
information regarding the rights and benefits they can address from the organisation in case of any
casualties, it is very important for the individuals to develop the consumer awareness with in them.
3.1 Key components of a range of regulations.
The organisations that deal in food and health industry, must lay stress on the quality and the
quantity of the products. They must lay emphasis on:
 The food must be safe to eat
 It should not be harmful
 The quality of the food is to be up to the mark
 The advertisements and marketing strategies of the goods does not mislead the customers
 The stored food is to be of good quality
 The quality of the food should be very hygienic
Article 14, 16, 18 and 19 covers the safety parameters of the food. There are various kinds of
act, that are available that are related to the quality of the food and hygiene (Sin, 2017).
The Food Safety Act , 1990: This act is used to regulate the standard and quality of the food
which are being supplied to the users. It regulated that the quality of the food should up to the desired
marks.
The Control of Noise at work Regulations, 2005: This act provides the protection to the
employees at workplace by implementing laws and regulations for protecting the hearing power of the
workers. This act implements that noise at workplace should not affect the hearing power of the
employees working there.
Health and Safety and Work Act, 1974: This act was constructed in 1974 and its main aim is
to provide health environment and security and safety to the employees of the organisation (Lee,
2016). It is the law of United Kingdom, it helps in ensuring that working environment of the
organisation is safe and secured and they provide basic health facilities to their employees in case of
any emergency or uncertainty.
Safe Water for Healthy Living Act : The purpose behind this unique project, lies in assuring clean
packaged drinking water (free of harmful toxins and microbes) to 130 million people across the

country. The consumers have the right to know that the packaged drinking bottled water or mineral
water they purchase is safe to consume and the portal helps in assuring the safety of water that adheres
to strict quality assurance, through proper testing measures.
3.2 Duties and responsibilities associated with the management of licensed premises.
Management units play very important role in managing licensed premises,they are the one
who regulates the working of the organisation by providing guidelines regarding the way to conduct
the work. Duties and responsibilities of management that are associated with licensed premises are :
they monitors while the work is conducted as per the norms, proper guidelines are being followed by
the staff member, no law and regulation is being hammered by the other members of the organisation.
Management is the vital part of each and every unit of the organisation, as they are the one who
monitors and control the working of the rest of the organisation. There are various kinds of duties and
responsibilities that are encompassed by the licensed premises. It includes, there should be availability
of various kinds of the snack food and meals must be present and promoted at any time on special
license is in operation. Availability of soft drinks and mock-tails is compulsory, for following the rule
of avoiding drink and drive situation they should keep taxi, cabs or any other means of transportation.
Any mischief happening at the licensed premises should be treated as an offense and legal action
should be implemented regarding this. There should be certain areas where license is prohibited and
premises should restrict that areas for minors or any other unauthorised group of people. Area which
is authorized by legal norms and regulations are known as licensed premises. Licensed premises
are the properties or the areas which are owned by the organisations legally. Licenses are issued
to ensure the smooth functioning of the organisation. In case of small administration of business,
license like federal is required to regulate the interstate transportation of goods, services and
plants (Vickers, 2016).
Licensed premises are the area which are legally authenticated by the government to the
individual. It is very important for the people or group of people to use such areas for any wrong
or hammered purpose. The license gives rights and authenticity to the individuals regarding that
area or sector, but it is duty of the individual to manage it with responsibility and harmony.

3.4 Evaluate the impact of food safety and hygiene legislation.
As there are various norms and regulations are presented in the legislation that support
the safety of the food and hygiene provided by the different industries, organizations that deals
in hotel and hospitality sector, it is very important for them to serve the food which is made with
full hygiene and is healthy for the customers due to safety point of view. They should use the
products of premium quality and the method of cooking should also be hygienic. Safety of the
food is very important aspect for Hotel Hilton, because it have various advantages and
disadvantages :
Advantages:
 It helps in maintaining the standard of the Hilton.
 Attract the attentions of the customers towards Hilton.
 Helps in maintaining the high end standard of the Hotel Hilton
 Helps in maintaining the health and hygiene of the customers in Hilton.
While on the other hand its disadvantages are:
 If members of Hotel Hilton does not lay emphasis upon the safety of the food than in that
case it will turn out to be huge problem for them.
 It can create harmful effect upon the health of the individual in Hotel Hilton.
The companies that deal in pack foods and beverages should also ensure the safety and
hygiene of the food items offered by them (Weatherburn, 2016). This include ensuring that pack
food that remain healthy for the long period of time and it does not fragmented. The legislation
for the safety and hygiene of the food provides various norms and regulations to check the
supplements and ingredients used in food in order to check its authenticity (Fortin, 2016).
4.1 Justify the responsibility of the employer in the employment of the staff
Generally, in each and every organisation, recruitment process is conducted by human
resource management department. They are the one who directly interact with the employees on
behalf of leaders and all other organisational heads of the organisation. Employing the staff
members is the most essential process which is conducted by the human resource department
(Vossen, 2015).

As per the Disability Discrimination Act 1992, there is provision in the law which create
emphasis upon the rights and authority of employees in order to provide secure environment to
the employees who are facing any kind of mental trouble.
Employers of the organisation have ethical and legal limitations to protect the safety and
rights of their employees at the workplace. They should provide them proper and positive
working environment with all the basic needs in order to make their job comfortable.
They must show considerations regarding their employees. They must provide them all
the safety and security and positive working environment. It will help in maintaining the
discipline at the workplace. Human resource department should ensure there should be lunch
break for the employees between the working hours. And they should also provide them a week
off and all the national holidays off. This will help in keeping employees motivated and satisfied
towards their job (Fang, 2016).
Employees are the responsibility of the employers and all the other members of the
organisation. It is their responsibility to provide assessment, guidance, security, safety and
healthy environment to them in order to ensure the growth and development of the organisation.
Employer is the one who is going to appoint the members in the staff for conducting the
future operations of the organisation. Specially in hospitality industry the duty of the employer is very
crucial as they going to appoint the people who are going to deal with the customers directly in the
future. So in such industry this process is very critical, as it revolves around choosing the individuals
who are going to attend the customers and the visitors of the place. Industries like hotel or resorts are
totally revolves around the comfort and satisfaction of the customers (Jabbar-Lopez, 2017).
In such situation it lay even more stress upon the employer, the duty of the employer in such
sectors is to identify the potential of the employee before appointing them, their way of understanding
the problem, the abilities to deal with the various age groups o0f the people and also to listen and
communicate in a more effective manner (Lee, 2016).
It is very important for the employer to identify such qualities within the employee before
hiring them on their jobs, this will increase the efficiency of the organization.
Whereas the duty of the employer in all the organisation is very crucial as they are the one
who brings the new talent in the organization for the betterment of the company, so it is important for
them to conduct their work with full efficiency, responsibility and potential. The level of motivation

of employer should be very high so that they can pass on their positivity towards other employee, they
are going to appoint in the organisation (Pradhan, 2015).
4.2 Key aspects of discrimination legislation.
The Equality Act 2010 is present to provide rights and equality to all the employees from
different regions, traditions, caste, cultures, gender etc. The Hotel Hilton is well aware of this act and
it has been that there is no discrimination in the working of the Hotel at any level.
The law is used to protect the rights of employees so as to make sure that they are not facing
any social discrimination at the work place (Hill, 2018). The leaders and managers of Hotel Hilton
are much aware of the fact that staff members and employees are the foundation of the organisation,
so they never harm the self respect and dignity of any employees under any circumstances.
The Equality Act 2010 is the act of United Kingdom to protect them for any kind of
discrimination at the workplace (Fitzgerald, 2017).
Various employees are present in Hotel Hilton ; some are from rich background, some are
from poor, some belong to socially backward classes and it’s important for the leader and the
managers to ensure that there is no discrimination taking place in the organisation at any level. All the
employees of the organisation must be treated equally with full respect and honour and their social
and cultural aspects should not get hammered at level or by any employee within the organisation.
It is the responsibility of the employer to protect the rights of the employee and provide safe
and secure working environment to them so that they can practice their jobs effectively and
efficiently.(Lee, 2016).
The organisational heads of Hotel Hilton must protect the rights of the people who belong to
social backward classes and make should take strict measures regarding the discrimination taking
place.
Discrimination should not take place in any organisation at any level on the basis of caste,
culture, race, religion, culture, traditions or any other social factors (Vossen, 2015).
All the members of the organisation should be treated equally and with full respect (Mishra,
2015).
CONCLUSION
From the above assignment, it can be concluded that license is very essential for conducting
smooth and efficient business practices. In this report, it has also been discussed that procedure of
issuing all the licenses is not same. This report also lay emphasis on the duties and responsibilities of

the employers towards their employees. The management unit of the organisation plays a very
important role in preserving the licensed premises in order to maintain its authority and authenticity.
REFERENCES
Books and Journals:
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lockout laws in Sydney. Australasian Journal of Plastic Surgery. 1(1).
Donnelly, N., 2017. The effect of lockout and last drinks laws on non-domestic assaults in
Sydney: An update to September 2016. BOCSAR NSW Crime and Justice Bulletins.
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Dorji, G., 2016. Increasing compliance with alcohol service laws in a developing country:
intervention trial in the Kingdom of Bhutan. Addiction. 111(3). pp.467-474.
Eales, J., 2015. Assessing the needs of employed caregivers and employers.
Fang, B., 2016. Effect of sharing economy on tourism industry employment. Annals of Tourism
Research. 57. pp.264-267.
Fitzgerald, N., 2017. Implementing a public health objective for alcohol premises licensing in
Scotland: a qualitative study of strategies, values, and perceptions of

evidence. International journal of environmental research and public health. 14(3).
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Fortin, N. D., 2016. Food regulation: law, science, policy, and practice. John Wiley & Sons.
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Practice. 15(4). pp.64.
Pradhan, N., 2015. Facets of nanotechnology as seen in food processing, packaging, and
preservation industry. BioMed Research International, 2015.
Sin, C., 2017. Academics’ and employers’ perceptions about responsibilities for employability
and their initiatives towards its development. Higher Education. 73(1). pp.97-111.
Vickers, L., 2016. Religious freedom, religious discrimination and the workplace. Bloomsbury
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Vossen, E., 2015. The activation logic in national sickness absence policies: Comparing the
Netherlands, Denmark and Ireland. European Journal of Industrial Relations. 21(2).
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Weatherburn, D., 2016. What Does Research Tell Us about the Impact of Recent Liquor License
Restrictions on Violence in New South Wales. Current Issues Crim. Just. 28. p.97.
Online
Patron and staff safety on licensed premise. 2018. [Online]. Available through:
<https://www.business.qld.gov.au/industries/hospitality-tourism-sport/liquor-gaming/
liquor/compliance/patron-staff-safety>