Legal and Regulatory Framework for Licensed Premises in the UK

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Law for Licensed Premises
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Table of Contents
Introduction......................................................................................................................................3
Task B..............................................................................................................................................4
2.1). Access the consequences of providing misleading information..........................................4
2.2). Evaluate the extent of employer liability in the protection of consumers...........................6
2.3). Plan and justify a policy for ensuring that all aspects of weights and measures legislation
are implemented...........................................................................................................................7
3.1). Discuss the key components of a range of regulations........................................................8
3.2). Discuss the duties and responsibilities associated with the management of licensed
premises.....................................................................................................................................10
3.4). Evaluate the impact of food safety and hygiene legislation..............................................12
4.1). Justify the responsibilities of the employer in the employment of staff............................13
4.2). Discuss the key aspects of discrimination legislation........................................................15
Conclusion.....................................................................................................................................17
References......................................................................................................................................18
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Introduction
In society, there are various businesses established which are operating with the view of
increasing their customer base and earning profits. Due to this, the practices and plans followed
and formulated by the organisations may become unfair. This requires control and regulation of
effective laws. Law is termed as a significant part of the society which provides a safeguard to
the innocent parties against such unfair practices. For commencement of business and operating
its activities, the management of the organisation is required to obtain different licenses in
accordance with the nature of its activities. This assignment is based on the laws and norms
which are required to be followed by the organisation. For this assignment, a restaurant, Mug
House providing its services in the dining sector is chosen. This restaurant is established in the
Tooley Street of London. This assignment includes the issues faced by the restaurant due to the
misleading information. It also includes norms to be followed in regards with the measures and
weights and the discrimination by the restaurant. The wellbeing and welfare of the customers are
to be ensured by the management which is also included in the assignment.
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Task B
2.1). Access the consequences of providing misleading information.
In the era of the competitive and aggressive market, organisations adopt several practices and
plans in order to develop its customer base, earn profits and to survive. However, it has been
seen that the adoption of unfair and unethical practices are adopted by the organisation to attract
customers. Provision of misleading information is one of such practices. Such information is
provided to the customers with the view of deceiving them. It is an obligation on the
management of the restaurant, Mug House that customers must be provided reliable, authentic
and accurate information in regards with products and services provided. Information about the
food and drinks being served at the restaurant must be provided to the customers. Compliance
with the provisions of The Consumer Protection from Unfair Trading Regulations
2008(CPR’s) is required to be made in order to provide safeguard against unfair practices of the
trade. Such regulation also provinces remedies and rights to customers against the unfair and
unethical practices and if any damages are sustained by the customers, then such customers are
entitled to receive compensation.
Another regulation which provides protection against misleading information is Misleading
Marketing Regulations 2008. This regulation protects the customers and other businesses from
the provision of misleading information by one business. Providing such information may also
result in sustaining damages and losses to the customers or to the other businesses (Lodder and
Murray, 2017). In case of infringement of the rights and applicable regulations, the aggrieved
party has the right to file against the party at default. There are various consequences which are
faced by the party at default for the misleading information. For providing such information, fine
or imprisonment which may reach to the two years is the punishment required to be faced by the
party at default.
Another legislation which ensures that the customers are protected against the provision of
information by the services provider, manufacturer, retailers, etc, is the Trade Description Act,
1968. As per the provisions of this act, untrue or false information must not be made to the
customers in order deceive or attract them in regards to getting the services and products of the
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business (Atkinson and Sandiford, 2016). It is considered as an offense if any untrue or false
information is provided to the customers of which consequences under the law are faced. The
party at default has to face a penalty up to 400 pounds or imprisonment up to 2 years or both.
Guidelines are provided by the Government of the United Kingdom with a view of regulating the
unfair practices which are as follows:
 No untrue claim in regards with the quality of the products must be made.
 Not to provide an untrue description of the products.
 Unethical techniques must not be adopted by the organisations to deceive the customers.
 Provision of proper training must be made to the staff of the organisation.
 Charges are to be charged appropriately and not to deceive the customers.
 Applicable standards and regulations must be complied with.
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2.2). Evaluate the extent of employer liability in the protection of consumers.
It is well established that there are various obligations of the principal to make sure that
protection or safeguard is provided to the consumers and their rights. The enactment of the
Consumer Protection Act, 1987 is made with the view of protecting the customers from unfair
behavior at the organisation or in the chosen scenario, a restaurant, Mug House. The
management of the Mug House makes sure that customers are protected against unfair behavior
or make sure that no such unfair behavior takes place at the restaurant (Stone and Devenney,
2017). Provided below are the obligations of the management that ensure the protection of the
customers:
 It must be ensured that only the food and beverages fit for human consumption must be
served to the customers.
 Quality of services and the food and services must be ensured by the management of the
business organisation. Proper maintenance of the quality must be ensured by the
management (Healy, 2016).
 Provision of accurate and authentic information must be made by the management or the
staff of the restaurant.
 The healthy, safe and hygienic environment must be ensured by the management.
As the business of the restaurant, Mug House is customer-centric, it is necessary that there safety
and health must be ensured by the management. Moreover, quality food and drinks must be
served to the customers.
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2.3). Plan and justify a policy for ensuring that all aspects of weights and measures
legislation are implemented.
As stated that there is various legislation applicable to the restaurant business, one of such
legislation is Weights and Measures Act, 1985. Mug House has obtained the license of serving
alcoholic drinks to its customers along with the option of dining. In accordance with the
provision of this act, protection against illicit practices in regards to the license, measures, and
weights are made sure. The provision of this act is applicable to the products such as vodka, beer,
gin, cider, wine as well as also includes sherry fortified and port wines (Howells and
Wilhelmsson, 2017). In accordance with the provisions of Consumer Protection from Unfair
Trading Regulations 2008, if the provisions of weights and measures act are not followed, then
fine or imprisonment up to two years will be faced by the management of the organisation.
The quantity of drinks, whether alcoholic or non-alcoholic, is required to be served in accordance
with the laws mentioned above. The charges are to be made in accordance with such quantities
which are provided below:
Vodka, Gin, Rum, and Whisky: The drinks served at the restaurant are required to be served in
the glasses and are measured properly. These drinks are served in the multiple of 25ml and 35ml
(Jonathan and Mbogo, 2016).
Wine: The management of Mug House must make sure that wine is served to the customers in
the multiples of 125 ml and 175 ml. Such requirements are not to be followed if it is mixed with
other drinks.
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3.1). Discuss the key components of a range of regulations.
Operating a business attracts compliance with different laws and regulations which are required
to be followed in order to avoid penalties under the law. There are different regulations and
legislation the provisions of which are to be complied with. It is the management of the Mug
House that is responsible for making sure that proper compliance with the regulations and
standards are made. Below are the regulations and legislation which are to be followed by the
management of Mug House:
General Food Regulations 2004: It is an essential regulation which provides extensive insight
on the offenses in relation to the breach of food laws and which imposes penalties or fines
prescribed under the laws. This regulation provides direction to the food businesses and provides
assistance in operates lawfully. Mug House is responsible for serving the consumers with good
quality food and beverages and such quality must be maintained so that it attracts more
customers (De Boeck, et. al., 2018). It is necessary that the food and beverages are labeled
properly so that no misleading information is provided to the customers and the employees and
legal penalties can be avoided.
General Data Protection Regulation (GDPR): This regulation is developed with the view of
providing a safeguard to the data and information of the restaurant, its employees and its
customers. This provides control over the private information and data to the personnel of
management. In order to process the information and data, previous permission is required to be
obtained from the appropriate authority (Lynskey, 2015). This also provides assistance in
processing the information and data gathered. Failure to do so attracts legal consequences on the
management of the organisation.
Health and Safety At Work Act 1974: It is an act which is developed by the chief authority of
the United Kingdom i.e. the Parliament. With the enforceability of the provisions of this act, it is
considered as a responsibility of the principal to make sure that a healthy and safe working
environment is provided to the workforce of the organisation (Holt and Allen, 2015). In the
chosen scenario, the management of the Mug House makes sure that employees are provided a
safe and healthy working environment and effective measures are taken as well for ensuring the
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same. The reason for the enactment of this act is to ensure the wellbeing and welfare of the
employees. It is necessary that practices of health and safety must also be involved in the code of
conduct of the business. With the application of this act, the risk at the workplace in regards with
safety and health is eliminated or minimised.
Consumer Rights Act 2015: It is an act which aims at providing protection to the consumers
against the unfair practices adopted by the organisation operating its business. This act also
provides remedies and rights available with the consumer against the unfair practices of the
organisations. It is necessary that quality services and products must be provided to the
consumers (Salamey, et. al., 2018). The management of the Mug House makes sure that quality
services, food, and beverages are provided to the customers and no unfair practices take place at
the workplace. Taxes and other extra charges must only be applied if required and must not be
applied to deceive the customers.
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3.2). Discuss the duties and responsibilities associated with the management of licensed
premises.
While operating its business as licensed premises, there are various duties and responsibilities
which are to be satisfied by the management of the premises. In the Mug House restaurant, the
manager is responsible for satisfying the duties and responsibilities which are given below:
Food and Drinks Variety: It is the fine dining and variety of food and drinks which attracts the
customers and develop the customer base for the restaurant, Mug House. The quality and taste of
the food must be maintained by the management of the restaurant. Food is required to be
prepared in accordance with the General Food Regulations 2004 and drinks are required to be
served in accordance with the provisions of Weights and Measures Act 1985. Both alcoholic and
non-alcoholic drinks are required to be served at the restaurant (Overdevest, et. al., 2018). Only
the food and the drinks for which license has been obtained must be served at the workplace.
Hygienic Environment: It is necessary that hygiene at the workplace of the food businesses
operating as restaurants must be maintained by the management of such restaurants. All
applicable standards and norms must be complied with in a fair and true manner. It is necessary
that the surrounding of the restaurant must be clean and free from unhealthy factors.
Operational Hours: There are various operating activities in a restaurant which are to be
performed in accordance with the DLA policies. It is necessary that the restaurant must operate
only up to the time for which permission has been taken from the authorities. Moreover, alcohol
must only be served within operational hours. Serving alcohol outside the operational hours will
be considered as illicit and the restaurant will be confined under the law. It is essential that food
and drinks are served within the time limit.
Prohibited Law: There are various individuals who’s entry is prohibited under the licensed
premises which include the individuals who are legally disqualified, intoxicated individuals and
individuals who have not attained specific age. It is considered as the duty and responsibility of
the manager of the restaurant to make sure that entrance is not given to such individuals as such
individuals pose threat towards other customers and may not be able to make payment for food
and drinks ordered.
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Good Ambiance: One of the factors which attract customers towards the restaurant is its
ambiance. It is crucial that good ambiance is provided to the customers so that they can enjoy
good food with decent ambiance (Barlan-Espino, 2017). It helps in the retainment of the
customers and adding more to the customer base.
From the analysis made above, it can be stated that there are various duties and responsibilities
which are to be performed and satisfied by the manager of Mug House. Given above are some of
the duties and responsibilities which are to be carried out by the licensed premises.
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3.4). Evaluate the impact of food safety and hygiene legislation.
It is well established that enactment of legislation provides assistance in ensuring the health,
safety, and welfare of the customers and the employees as well as provides safeguard against
illicit and unfair practices. There are various laws the provisions of which required to be
followed by the management of the restaurant and one of such law is the Food Safety Act 1990.
This act aims at the provision of proper information on the food and other related products. The
labeling, presentation, and advertisement must be made as such per the nature of the food and no
misleading information to attract the customers or to deceive them must be made (Lang and
Heasman, 2015). Provision of a set of regulations and standards are also specified under this act
in regards with processing, labeling, production and distribution of the food products. There are
different aspects which are to be recognised by restaurants like Mug House:
 Food security and safety must be ensured.
 Food quality and standards must be maintained and followed.
 Labeling must be done appropriately which provides correct information to the
customers.
 Hygiene rate of the food must also be presented.
There are various operators involved in the food business which includes manufacturers,
distributors, producers, retailers, etc. The enactment of different legislation aims at making sure
about food safety by eliminating the chances of hazards and risk. Some of these laws are the
Food Standards Act, 1999, General food law Regulation (EC) 178/2002. These laws provide
protection to the interest of customers and ensure the safety of the health of the public at large.
Adoption of General food law Regulation (EC) 178/2002 must be made by the management of
the restaurant, Mug House. These are the regulations which are responsible for the provision of
directions or guidelines for the business in regards with the addictive food. It is necessary that
only the approved addictive food must be served at the restaurant and failure to do so attracts
consequences under the law (Murphy, 2015). Inspector can also be appointed for inspecting the
food and compliance with laws.
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