Marriott Hotel: Law for Licensed Premises, Food Safety & Hygiene

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This report provides a comprehensive overview of the legal framework governing licensed premises, with a specific focus on Marriott Hotel. It delves into the consequences of providing misleading information to consumers, the extent of employer liability in consumer protection, and policies for enforcing weights and measures legislation. Key regulations such as the Unfair Trading Act 2008, Sales of Goods Act 1979, and Consumer Protection Act 1987 are examined. Furthermore, the report outlines the responsibilities and duties associated with managing licensed premises, including compliance with food safety and hygiene legislation, and the employment of staff, addressing discrimination legislation. Regulations like the Reporting of Diseases and Dangerous Occurrences Regulations 1995, Management of Health and Safety at Work Regulations 1999, and Safety Representatives and Safety Committees Regulations 1997 are discussed in detail. The report concludes by emphasizing the importance of adhering to these legal standards to ensure the safety and well-being of both customers and employees within licensed premises.
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Law for licensed premises
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Table of Contents
INTRODUCTION...........................................................................................................................1
TASK B...........................................................................................................................................1
2.1 Consequences of providing consumer with misleading information..............................1
2.2 Extent of employer liability in the protection of consumers............................................2
2.3 Policy for assuring that all aspects of weights and measures legislation are enforced....4
3.1 Key components of a range of regulations.......................................................................5
3.2 Responsibilities and duties linked with the management of licensed premises...............6
3.4 Influence of food safety and hygiene legislation..............................................................8
4.1 Responsibilities of employer in the employment of staff.................................................9
4.2 Main aspects of discrimination legislation.....................................................................10
CONCLUSION..............................................................................................................................11
REFERENCES..............................................................................................................................12
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INTRODUCTION
In the matter of law for the serviceable actions, licensed premises was formulated for
offering security to the properties of an individual. This is to be noted that when a shop,
residence or an enclosed area is provided a license for pursuing business activities through the
licensing authority then it becomes a licensed premises (Abdon, Wallin and Andréasson, 2011).
These norms associated with legal document assists in reducing the curbing that is degree of
civilians nuisance and criminal activities which are occurring at regular basis. The current report
is based on Marriott hotel. It was established in the year of 1957 whose headquarter is situated in
Bethesda, Maryland, United States. This is famous as one of the best brand that offers full
services resorts and hotels. This venture is based in Washington D.C. Which is continuously
being included on the list of best corporations of Forbes and was voted as fourth better firm
which is operating in UK by the Times in year of 2009. they are having around 566 hotels in
different location internationally. In this project, different aspects has been described such as
impact of food and hygiene rules and regulations on hospitality management, results of giving
wrong information to clients, etc. Additionally, main elements of a range of norms related with
licensed premises is also going to be discussed in detail.
TASK B
2.1 Consequences of providing consumer with misleading information
Government has formed certain rules and regulations in favour of customers for making
them aware about their fundamental rights in context to misleading information. Thus, specific
results would occur if any venture will communicate the same. There are some acts imposed by
legal system are as follow :
The Unfair Trading act 2008 : This is also known as Consumer Protection from Unfair Trading
Regulations. It is a powerful norm that offers safeguarding to the users against misleading data
which is being conveyed by a trader. In addition to this, it also generates criminal offences if that
individual breaches the principles of regulations. This is used for prohibiting any kind of
deceptive omission or actions which in turn causes the customer for taking a wrong decision that
he or she may has not taken if that incorrect information was not provided (Brennan and et. al.,
2011). This has been examined that such type of uncorrected data is inter - linked with different
things or comprising of wrongful information in terms of quality, ingredients, date of
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manufacturing as well as expiry, quantity and also about the suitableness of merchandises for
specific purpose and many more. For example, conveying in – correct message regarding content
or quality of alcohol in any particular drink. After investigation, it has been found that CPRs
includes three types of misleading actions which are mentioned as follows :
Ordinary deceptive , this means those human action that is misled includes false data for
deceiving the clients. For example, when any company provides spurious information
about services being offered by them. Like if they have mentioned that their hotel would
provide air conditioner rooms but failed in doing so either intentionally or not.
Confusions emerged in regard with challengers' goods and services, trademark as well as
trade names. For instance, if two companies is having same merchandises and their
trademark is also having somehow similar.
The third misguided activity occurs when any merchandiser get failed in complying with
the organisation and configurable commitments in certain code of conduct which has
been taken by them and hence they are bounding or pressurising the trader by that law.
Thus, members of Marriott should follow stated legislations and implement the same in
their business.
2.2 Extent of employer liability in the protection of consumers
The managers should be liable if they failed in completing their responsibilities while
protecting users in getting engaged in unfair or partial trade. In addition to this, they should also
be liable in case if they broke any rules related to customer protection act. There are various
claims in contracts which are described below :
Sales of Goods Act 1979 : This law is applied if any matter is associated with
suitableness and quality of products has got breached and such things are implemented
under the client contract wherein manager enters into with user (Smith Morgan and
McAtamney, 2011). Every employer is obligated to insure that their deliverables are of
good in context to quantity and quality as well. Apart from this, it should be suitable for
which it had been purchased by clients. And if such things are not met, then customer has
legal power to claim against such unfair action.
Advantages :
Balances protection of users and their freedom to contract.
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Provides power to buyers and for enforcing the jurisprudence sellers must have to set
higher modular in terms of quality in the goods they would sell.
Disadvantages :
Make difficult to have a marketplace in, for instance, derelict goods, damaged old cars,
etc.
Consumer protection act 1987 : According to this act there is strict duty on the
manufacturer, employer, producer or any other party which are included in designing of
merchandises. If manufactured goods or services are observed to be imperfect or of bad
quality then, civilians could also demand compensation for their damages.
Advantages :
No need for depositing fees regarding advalorem tribunal.
Customers now feeling that they are in a place to announce "sellers be aware".
Disadvantages :
Sometimes users claim for damaged goods intentionally in which there is no fault of
venture.
Vicarious liability : Supervisors ought be liable under vicarious susceptibility if his work
– forces offers malfunctioning commodities and services to their potential customers. In
such situation, citizens have the right for claiming against indemnities to the tort of
workers.
(Source : Employers liability, 2017)
Advantages :
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Illustration 1: Employers liability
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Aids in defending the public by controlling acts 'including possible danger to civilians,
wellness, safety or ethics'.
Easy to implement.
Saving lot of time of court as masses are more probable to appeal at fault.
Disadvantages :
Sometime there would no fault of people who accused to be guilty due to lack of
evidences.
2.3 Policy for assuring that all aspects of weights and measures legislation are enforced
There are various standards implemented by law in order to provide assurance about
measures and weights of products in licensed premises. Some rules under Weight and Measures
act 2006 are going to be discussed below :
Three packer norms : According to this, the contents in package ought not to be less than the
average nominal quantity. The magnitude of such packets that are of minimum quantity have to
be less than mentioned specific level (Martin, Freeman and Davey, 2013). In addition to this,
any of the package should not be twice the negative tolerable error on a small measure. Marriott
hotel and resort should focus on same and execute this in their commercial actions.
In addition to this, the weight and measures legislation 2009 are imposed that covered
below written things :
For pre packaged spirit beverages : There has found decrement in the level of sizes in prepack
spirits drinks. As a result, the external range of 100 ml - 200 ml are now not ordered. But there is
a feeling that such measure should be followed as its de – regulations might be treated as an
escapism for illegal packaging of beverages in high quantity (Liang and Chikritzhs, 2011). Thus,
Marriott hotel should consider the same and implement it in their organisation.
For pre packaged wines : There has also examined diminution in the extent of sizing of the
pre – wrapped still wines and there is no regulation for outside ranges. This act is formed for
promoting sensible e drinking done by civilians. Apart from this, there have to be appropriate
labelling in terms of amount on each and every drinks so that clients receives adequate
information about the magnitude of that product. But if this law is being breached by any of the
firm, them punishment in the form of fine would be imposed on supplier or maker in the crime of
not labelling correct quantity. Marriott company should focus on such information and apply
them appropriately.
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3.1 Key components of a range of regulations
There are various components of principles associated with hospitality management that
needs to be obeyed by Marriott hotel. Key acts imposed by government are discussed below :
Reporting Of Diseases and Dangerous Occurrences Regulations 1995 : According to
1995 regulation act, If their should be any hazardous object is present within licensed
permitted business organisation then this should immediately informed to the higher
management authority which might takes important and essential steps for employees as
well as customers safety. In addition to this, if any unhygienic situation or illness
condition happen within organisation then workforce must instantly informed to top
management administration. Marriott hotel needs to be obey this norm and apply the
same in their firm appropriately, so that relevant preventions as well as safety measures
has to be taken for customers and employees safety.
Management of Health and Safety at Work Regulations 1999 : According to 1999
regulations act, employers of licensed permitted commercial enterprise must fulfilled its
duty or responsibility towards regularly upgraded health and safety measures and risks
within their premises (Kypri and et. al., 2011). In addition, higher authority must perform
and implement hazardous assessment on a regularly basis which helps in upgrading
knowledge of employees regarding safety and hygiene measures. This act have to be
followed by Marriott firm in order to do management of health and safety at their
working station. Through this risk assessment techniques, workforce of this enterprise
will be able to understand about importance of hazard, preventions and safety measure of
these hazardous situations.
Safety Representatives and Safety Committees Regulations 1997 : This 1997
regulation act appoints safety representative members which are nominated by food and
safety trade unions. They are the representatives of all workforce who are work within
food and safety department or organisation. They are the one who have many legal rights
to uplifts any complaints or concerns of employees to the higher authority regarding
health and safety. This law also have to be followed by Marriott hotel in order assign
skilled members in their company for taking care of things associated with food and
safety.
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In addition this, there are some other components of legislation in context to health and safety
policies which are stated below :
Noise : According to work regulation act 1989, manager of any licensed premise is
responsible for making proper arrangement for their workers and clients wherein there is
possibleness of loud sound. Thus, Marriott hotel should enforce appropriate rules in order
to minimise the level of noise (Hubbard and Colosi, 2013).
Safe working atmosphere : This is mandatory for every hotels who contains more than
five staffs to have decent framed and organised principles in terms of safety for their
users. These standards should includes all the set up for dealing with emergency
conditions, removing of dangerous outfits for instance equipments related to gas and
electricity. Thus, Marriott hotel should implement the same in their work station since
they have more than 5 workers in fact large number of employees.
Hygiene and proper disclosure : Overall given ventures are forced to offer hygienic and
safer environment to their possible clients as well as workers. In addition to this, any
discloser of information should not be done with other civilians without taking
permission from that client personally.
Emergency services : Every firm ought to check to their emergency cautiousness
regularly after specific time frame and should clarify that those services are in good
conditions are not. For instance, each doors for existing in emergency situation are
opening appropriate and freely or completely. In addition to this, fire alarms also requires
to be observed for determining their working condition. If any fault or defects are
founded in such instruments then it should be repaired immediately. Marriott hotel needs
to offer those emergency services in order to satisfy their consumers.
3.2 Responsibilities and duties linked with the management of licensed premises
The administration department of licensed premises consist of numerous of obligations
and duties in terms of various subjects in the hospitality industry which are stated below :
Food : Each and every venture should offer best quality food to their consumers so that
no health related issues will rise in future after eating such food stuffs. Besides this,
quantity of amount should also be considered ; here in adequate amount of snacks, food
items, etc. This may involves pies, pizza, burgers, etc. Apart from this, demand of such
deliverables should be increased if an entrepreneur is running a restaurant (Hadfield and
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Measham, 2015). For example, Nutrition Labeling and Education Act of 1990 and the
Food Safety Modernization Act of 2010 are some legislations associated with food and
beverages act that should be implement by Marriott hotel in order to maintain ethical
operations.
Regrading low and non alcoholic drinks : Apart from food, a hotel should also keep
specific amount of soft drinks and some less level of alcoholic drinkable items. In
addition to this, several types of spirits drinks should also be available so that it could be
provided in case of any demand from clients.
In addition to the above discussed premises, manager is also having the responsibility of offering
safe and secure surroundings in order to protect licensed and public assumptions. Some of the
key obligations of management is also mentioned as follows :
They need to adopt as well as respect all the standards of common legislation. This
means they have to work for the upliftment of venture as well as consumers.
Additionally, they are liable for maintaining confidentiality in terms of every
information provide by clients to them so that no conflicts would occur in upcoming
days. Data protection act should be implemented for this by the Marriott hotel.
Apart from this, governance ought to perform their work in accordance to the direction
of the employers or selected supervisors in order to carry out smooth functioning of
company.
Manager should analyse all the risks in good order and eliminate those risky factors
from work station so that no injury will happen in future with members of corporation.
They need to offer correct information regarding the products and services to their
users in order to create loyal and positive relationship from them. This in turn also
helps in increasing brand image and retaining customers for a long time period. Sales
of Goods Act 1979, The Unfair Trading act 2008, etc. is needed to be executed in
Marriott hotel for doing the same.
It is also the responsibility of a manager to observe the works of their subordinates for
avoiding misinterpretation as well as misconducts so that better quality of services can
be delivered to final users.
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3.4 Influence of food safety and hygiene legislation
The Food standards Agency of UK believes that a well trained and highly skilled
employees plays important role in providing assistance through raising awareness about food
borne diseases. UK legislation postulate that operators of food nutrients commercial enterprise
ensures that food handler which are involved in food or hotel sector industry are supervised and
instructed about food hygiene. UK government law department had framed some rules and
regulations for food safety and hygiene maintenance. Food safety Act 1990, UK was amended in
2006 as Food Hygiene Regulations which enforce licensed food business enterprise including
penalties of certain provisions (Costello, Robertson and Ashe, 2011). Their are some terms and
conditions which has to be followed by licensed permitted food sector kitchens such as provided
food must be fresh and hygiene for eat, no additions of artificial chemical or toxins ingredients
which are harmful for health, food processing and its methodology must follow standards which
are set by experts community, display reviews and rating which customers have given regarding
food products and services.
A detailed plan is framed on the guidelines of Hazard Analysis and Critical Point Plan
(HACPP) for food safety and hygiene from artificial, biological, chemical and natural safety risk
for Marriott Hotel, UK. This explained as packing of food products, equipments and utensils
through which a processed food is ready should be clean and environment around them must be
hygienic, food should kept distance from bacteria and fungus and employers or higher authority
must trained their employees or staffs members regarding hygiene and food safety measures
(Graham and et. al., 2014). Their are some ways for food safety and hygiene maintenance within
organisation such as Pest Control, regular cleaning training programmes, personal hygiene as
well as environmental hygiene.
Advantages and disadvantages of impact of food and safety :
It has been observed by the study of World Health Organisation that estimate waterborne
and foodborne diseases collectively more than 2.2 million people every year. In order to restraint
the increasing number of dying people, this has made mandatory by the United Kingdom
government to follow the food safety rules with their organisation in order to produce and
functions as an authentic organisation. There are various merits and demerits that should be
noticed. This helps in protecting consumer, enhance the confidence consumer, and safeguard the
basics of food productions like hygiene requirements. Through, along with merits, demerits lies
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in each and every procedure so as the food safety rules.
4.1 Responsibilities of employer in the employment of staff
The duty of managers in employment of staff is most eminent. They would concentrate
on improving the condition of their personnels and developing the capabilities of the operations.
Supervisors comprise of legal responsibility towards their subordinates in context of their health
and safety in their working location. Some of the obligations of employers regarding the
occupation of staff members are stated below :
The risk elements associated with security and safety of workers should be appropriately
controlled (Burgess and Moffatt, 2011). Health and safety act should be implemented in
Marriott organisation for providing safer environment to their workers.
They need to make available their personnels with especial instruments in terms of
maintaining personal protective and safety circumstances without taking any revenue
from them. Equality Act 2010 ought to be executed in given venture so that no
discrimination should be done.
In a situation of any reasonable concerns related with the safety, a team member should
be free for leaving the premises without having any restrictions (Brennan and et. al.,
2011).
In case of happening of any negligence from employer about issues of health, work
forces are free to take help of Health and Safety Executives of Northern Ireland
(HSENI), or any regional authorities. In this condition, workers should also not be act in
disciplined way.
It is the liability of mangers to provide annual holidays to employees who are working in
their company without cutting any money from their ordinary wages.
Employers ought to offer adequate amount of money in the form of salary to each and
every personnel and that should be comply with National Minimum Wages.
Therefore, it can be said that supervisors of Marriott hotel have to obey all the above
written duties in order to maintain positive working environment and avoiding all types of
conflicts from their organisation. This will helps in increasing the quality of their services as
every member will work without taking any stress and gives their best for satisfying consumers.
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4.2 Main aspects of discrimination legislation
Discrimination means to treat people unfairly because of any reason that belongs to him.
Government of the UK, has made many laws in order to stop discriminations. According to these
laws, employees can take many steps to reduce discriminations at their workplace or during
recruitment. They have right to be treated equally regardless of their age, marital status,
disability, sex and caste etc. These laws provide enforcement from any cause of action where an
employee has been discriminated. Following are some relevant legislation made by UK
Government:- Sex Discrimination Act 1975: These laws are made unlawful for employers to
discriminate against employees on their gender or marital basis. This act concerned
employment, training, education, harassment, the provision of goods and services, etc.
Marriott hotel should implement the same in their firm. Race Relation Act 1976: This law was made to prevent discrimination on the grounds of
race, colour, nationality in the field of employment. This law has further replaced by
Equality Act 2010. The cited organisation have to enforce this law for preventing
discrimination.
Equality Act 2010: This act replaces almost all acts like Equal Pay Act 1970, Sex
Discrimination Act 1975, Race and Religion Act 1976, etc. It makes amendable for all
firms to treat equally in access to employment for all sectors whether small or big, public
or private sectors (Different Types of Discrimination, 2017). It protect discrimination
against age, disability, gender reassignment, race, sexual orientation, etc. In case of
identify any type of disability, employers are under a duty to make reasonable
adjustments at their workforce. This should be enforced in Marriott hotel for making
positive working atmosphere. These adjustment would overcome the barriers experienced
by disabled people. This act protect the employees from discrimination by:
Employers
Organisations where they work
Health and care providers
Education providers like schools, institutes and colleges
Public bodies like department of government and local authorities.
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CONCLUSION
From the above based report, it can summarised that license is mandatory for all such
ventures whose commercial activities are covered in respected licensing legislations. Those
managers and supervisors who are holding official document are liable for taking care of their
works in order to safeguard and protect consumers. Different regulations associated with same
are explained in this project clearly so that organisation can understand about their duties and
comply with the similar. Marriott hotel need to follow all such norms appropriately so that they
accomplish all of their tasks in ethical manner. Thus, it can be said that they ought to look after
to each and every demands as well as basic requirements of their guests and offer them so in
order to satisfy them easily.
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REFERENCES
Books and journals
Abdon, J. G., Wallin, E. and Andréasson, S., 2011. The" Clubs against Drugs" program in
Stockholm, Sweden: two cross-sectional surveys examining drug use among staff at
licensed premises. Substance abuse treatment, prevention, and policy. 6(1). p.2.
Brennan, I. and et. al., 2011. Interventions for disorder and severe intoxication in and around
licensed premises, 1989–2009. Addiction. 106(4). pp.706-713.
Burgess, M. and Moffatt, S., 2011. The association between alcohol outlet density and assaults
on and around licensed premises. NSW Bureau of Crime Statistics and Research.
Costello, D., Robertson, A. J. and Ashe, M., 2011. Drink or drunk: Why do staff at licensed
premises continue to serve patrons to intoxication despite current laws and
interventions? Final report. Canberra: National Drug Law Enforcement Research Fund.
Google Scholar.
Graham, K. and et. al., 2014. Reducing intoxication among bar patrons: some lessons from
prevention of drinking and driving. Addiction. 109(5).pp.693-698.
Hadfield, P. and Measham, F., 2015. The outsourcing of control: Alcohol law enforcement,
private-sector governance and the evening and night-time economy. Urban studies.52(3).
pp.517-537.
Hubbard, P. and Colosi, R., 2013. Sex, crime and the city: Municipal law and the regulation of
sexual entertainment. Social & Legal Studies. 22(1). pp.67-86.
Kypri, K. and et. al., 2011. The Alcohol Reform Bill: More tinkering than reform in response to
the New Zealand public's demand for better liquor laws. Drug and alcohol review 30(4).
pp.428-433.
Liang, W. and Chikritzhs, T., 2011. Revealing the link between licensed outlets and violence:
counting venues versus measuring alcohol availability. Drug and alcohol review. 30(5).
pp.524-535.
Martin, P., Freeman, J. and Davey, J., 2013. Officers’ perspectives of policing alcohol-related
incidents in and around licensed premises. Police practice and research. 14(3). pp.193-
204.
Smith, L., Morgan, A. and McAtamney, A., 2011. Policing licensed premises in the Australian
Capital Territory. Australian Institute of Criminology.
Online
Different Types of Discrimination. 2017. [Online]. Available through :
<https://www.sheffield.ac.uk/hr/equality/focus/equalityact/types>.
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