College: Mont Rose College of management and Sciences
Write a report based on a licensed premises of your choice. You have to include a brief introduction of the premises and discuss a range of Laws that apply to that organisation by answering the following questions.
1) Discuss the different types of licensed premises.
2) Discuss the differences between a personal license and a premise license.
3) Compare the procedures for licences application.
4) Assess guidelines on the conduct of licensed premises for use by staff.
5) Assess the consequences of providing consumer with misleading information.
6) Evaluate the extent of employer liability in the protection of consumers.
7) Plan and justify a policy for ensuring that all aspects of weights and measures legislation are implemented.
8) Discuss the key components of a range of regulations.
9) Discuss the duties and responsibilities associated with the management of licensed premises.
10) Carry out a detailed risk assessment for one type of licensed premises.
11) Evaluate the impact of food safety and hygiene legislation.
12) Justify the responsibilities of employer in the employment of staff.
13) Discuss the key aspects of discrimination legislation.
The adjacent study suite is supposed to provide a comparative analysis of the several sorts of licensed premises, chiefly emphasizing on the prevalent differences and the inevitable consequences of exhibiting compliance and non-compliance towards them. Furthermore, the study is supposed to simulate on the legislative eases that might protect the staffs in terms of health safety as well as their obligations to avail their rights and attend their duties. The significant aspect that the underlying suite encompasses about is the business concerns that deal with food. In this regard, the study is obliged to depict the corresponding provisions and legislations regarding the maintenance of hygienic food and the associated concerns of public safety. In the same note, the study suite intends to evaluate the duties and liabilities of an employer regarding the physical and psychic health of their subordinates. In this turn, on reverse, the staffs are also need to be endowed with the introspective awareness regarding their duties and liabilities backed by the legislative norms that might govern them to perform their professional clichés effectively (Apanovitch et al. 2015).
Discussing about different types of licensed premises
In accordance with the C.R.S 12-47, 1-103 (16), a specific segment of any compound, shops, domains, lands or any other quarters that are licensed to facilitate the conduction of limited gaming is referred as licensed premises. The diverse range of licensed premises can be categorized as;
‘Business license’ is the prime requisite for any business concern to be established. Business licenses are supposed to endow the respective owners about the procedure of operating a business while enjoying legislative affiliation. Several activities associated with food retails such as interstate migration of animals and plants enjoy a legislative regulation under several federal agencies (Dratler, 2017). Due to the previous fact, Small Business Administration (SMEs) usually felt an urge to acquire a federal business licenses in order to be legitimately involved in the aforementioned activities.
In conclusion it can be stated that for all the country, state and local agencies, licensing is a existential requisite which all the units need to be compliant of. Furthermore, in order to thrive with the absolute objectives, concerns are supposed to be subjected of an annual fee. In some cases, they are supposed to be charged on a certain percentage of their annual sales.
AST is the acronym for Assured Short-hold Tenancies which are destined to be referred as the most typical sort of tenancy. In order to be an affiliated tenancy in terms of AST, the program must abide by following eligibilities.
As it was stated earlier as an axiom, hoteliers are also no exception since they also have to maintain compliance with the legislative regulations. In this regard, they have to follow a manifold of official procedures to deem that typically ranges from having the license for food to hygiene and fire regulations (Gillan et al. 2014). The relevant court considered any act of negligence and disorder as a breach of the legislative norms where the hotel is held to be the sole liable. The typical penal wrath in this regard is either imprisonment or a substantial financial penalty.
The hotels, on the same note, requires to exhibit compliance with the Licensing act 1964 since most of the hotels are prone to serve foods and adult beverages to their core customers. The aforementioned act appear to depict all the requisite traits that the hotel is obliged to cater while providing alcohol such as cleanliness of optics, pipes and glasses. Moreover, the hoteliers are also required to procure Function’s License if they possess an embedded desire to serve meal also.
Discussing the differences between a personal license and a premise license
As per the apprehensions of Lewes District Code, a premises license is typically granted to allow authorized and licensable activities on such premises. Those activities are typically comprised of sale of alcohol, provisions for the regulated entertainment and overnight refreshments. On the other hand, a personal license is a prime requisite for an individual who are destined to supervise or regulate the supply or sale of a licensable product. The typical tenure of validity of Designated Premises Supervisors is a decade (Nicholls, 2015).
In terms of registration fee and annual payable charges, they differ as well. Premise license typically charge additional fees whereas the cost of availing a personal license is almost £37.
Comparing the procedures for licenses application
It is typical in UK that in order to get hold of a premises license, the applicant requires to apply on the Licensing Team at South Oxfordshire Council. The requisite testimonials which the applicant needs to submit over there are as follows;
An individual is free to apply for a personal license irrespective of the fact that it has nothing to do with the applicant’s previous employment or the current business have something common to it or not. The requisite testimonials that the applicant are required to submit over there are as follows;
Assessing the guidelines on the conduct of licensed premises for use by staff
The potential applicant of the license and their immediate staffs are the sole responsible to act for the circumspect management and the absolute safety of the licensed premises. In this regard, as per the legislative instructions, it is imperative for the staffs to procure an introspective understanding about the Licensing Act 2003. The guidelines of good conduct can be categorized as follows;
Assessing the consequences of providing consumer with misleading information
It is a typical practice for any licensed premises who declared to serve alcohols to customers to use pricelists to make their customers aware about the prices of drinks and other beverages. If the information happens to deceive the customer, then the license is hold liable for the consequences against the Unfair Trading Regulations 2008. The section 2 of the Unfair trading Regulations is dedicated to curb the misleading commercial practices (Aung and Chang, 2014). If the trader has been found to deal with the customers in an unfair manner, they are likely to be subjected to the penal actions under the guidance of trade breaches provided by Consumer Protection from Unfair Trading Regulations (CPRs).
The CPRs have been devised and implemented by the EU Unfair Commercial Practices directives that typically consist of the apprehensions regarding the prevention of debauch commercial practices coupled with the curbing of rogue and aggressive trade practices.
The regulations 5 to 7 of the CPRs intends to prohibit the deceiving trade practices while shedding the attention towards the definition of misleading a customers and describing the consequences. The principle that intends to designate something as misleading typically consists of;
Furthermore, the CPRs have seen to certify three different sorts act of misleading and that can be categorized as;
Evaluating the extent of employer liability in the protection of consumers
To some extent, the employers can be designated as the sole liable to ensure the protection of their immediate employees in terms of preventing them from engaging into unfair trade practices. In the same note, an employer is considered failed to retain the desired skill and standard to any feasible employer is also be designated as to be involved in unfair trade practices.
Duties of an employer in the protection of the consumers:
The local authority trading services have enforced a duty for the employers to comply with the CPRs along with the Office of fair trading and the Department of Enterprise by the most appropriate means. The provisions have instructed criminal prosecution regarding the authorities that are as follows;
Planning and justifying policies to ensure that all aspects of weights and measures legislation are implemented:
Alterations in Law for pre-packaged spirit drinks
The alterations that has been occurred in this domain intends to specify that the packaged drinks outside the range of 100ml to 2000ml must be reduced in the variety of sizes and the prepackaged drinks of identical specifications has been banned to be regulated further.
Alteration in law for pre-packaged wines:
In terms of quantity, when the spirits or the relevant wines that are beyond the capacity of 100mi to 1500ml must have to be reduced to the variety of sizes and the prepackaged drinks of identical specifications has been banned to be regulated further (Ramsay and Thiex, 2014).
These alterations are imperatively evident in order to execute the new undertaken directives that have recently introduced in the current year.
Still wine: Ranging from 100ml to 1500ml and need to be distributed within the following ranges.
Nominal quantities: 180ml-375ml-500ml-750ml-1000ml
Yellow Wine: Ranging from 100ml to 1500ml and need to be distributed in the following ranges
Discussing the key components of a range of regulations
A business unit that deals with food and beverages need to procure awareness regarding;
General food law regulation (EC) 178/2002
Article 14, Article 16, Article 18, Article 19
Food safety act 1990 (Amendment) Regulations 2004 (No. 2990)
General Food Regulations 2004 (No. 3279)1
The control of Noise at Work Regulation 2005 (the Noise Regulations)
Discussing the duties and responsibilities associated with the management of licensed premises
The applicant of the license must exhibit docility towards the following conditions;
An innumerable variety of snacks, meals such as nachos, pizzas etc must lie within the accessibility of the core customers and to perform promotional activities at any time of pursuing special license.
At the licensed quarters, diverse low and non-alcoholic liquor must procure the requisite accessibility and promoted
In order to avoid drunken driving and the associated hazards, several other transport options such as van, free taxi need to acquire availability in order to assist the patrons
However, there are constraints regarding the enforceability of the licenses premises appear to be deemed within the validity of 24 hours
There are specific destinations that are typically not subjected towards the prohibitions transmitted by the corresponding law. This restricts the minors and unauthorized residents from procuring the license.
Detailed risk assessment for a unique type of licensed premises
In accordance with the Liquor licensing act 1997, the consumer and business services (CBS) has established a risk assessment procedure in order to assist the licenses to retain docility regarding the General code of practice (Ferfolja and Stavrou, 2017).
As per the Work Regulations 1999, the prudent management of health and safety measures encourages the employer to deem risks at its employees and conduct the prevalent risk management metric in order to prevent the employees from reasonably predictable violence.
Evaluating the impact of food safety and hygiene legislation
The safety and the corresponding legislative principles have been regulated by The Food Standards Agency in United Kingdom and that is supposed to be a governmental authority. This governmental unit associated with the domestic law houses has set standards in order to enforce the food safety regulations (Vickers, 2016).
The prevalent legislative regulations have been significantly altered decades back in order to incorporate the requisite amendments within the prevalent frame.
Justifying the responsibilities of employer in the employment of staff
The employers have a legal liability to prevent their employees from getting deceived by the unfair trade practices and also to consider their health and safety issues with the paramount concern. In this regards, the employer should be encouraged to;
Discussing the key aspects of discrimination legislation
The general aspects of the legislature associated with discrimination have some core components that can be categorized as follows;
There are diverse types of licensed premises which need to be procured in order to run restaurants, hotels and tenancies along with exhibiting legal compliance. In the light of the above study, we have been able to deduce the difference between the premises licenses and the personal licenses.