Law For Licensed Premises

Answer :

Introduction

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

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;

Restaurants: 

‘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.

Tenancies: 

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.

• The landlord might not represent any local council or housing associations. The landlord required to be a private landlord.
• It is instructed to be the chief accommodation of the tenants
• The landlord is not allowed to live in the same property

Hotels:

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

Premises License:

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;

• The aspirant need to complete the application in order to accomplish the premises license
• An agreement is required regarding the completed consent which is required to be signed  by the person who is willing to give his/her consent and the agreement need to be submitted to the designated premises supervisor
• The corresponding payment need to be submitted to the relevant council along with the original application form
• The corresponding advertisement requires to be advertised on the premises within 28 consecutive days beginning from the day of applying as per the legislation of South Oxford District Council

Personal License:

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;

• The applicant need to fill the application form completely
• The applicant need to divulge the associated convictions and all the enquiries require to be declared completely within the form
• The prototypal certificate for criminal conviction is required to be submitted (that is available from Disclosure Scotland against a meager charge
• The prototypal document of the statement that consolidates the eligibilities of the potential licensee’s National Certificate for personal license
• Two passport size photograph is required where one of them need to be authorized by a notary or a legitimate solicitor
• The mandatory application fee is of £37 cost along with the application form. If the payment happens to be made by cheque then it must have to be payable in terms of South Oxfordshire District Council.   

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;

• Properly groomed staffs and other subordinates need to be dedicated enough to contribute to the overall growth of the licensed quarters. Moreover, they are also the sole responsible for the legal consequences of trading alcohol, several provisions of entertainment and the overnight entertainments in the night clubs. In this regard, they need to procure the relevant policies with the corresponding methods of implementation (Hadfield and Measham, 2015).
• The staffs must have the insight regarding the Licensing law and its nuances and subsequent consequences in before trading on alcohol
• The staffs need to be endowed with the understanding regarding the relevant policies important for the operation of the current business. In this regard, the management can be recommended to retain a record regarding the advices that they have endowed their employees with along with the corresponding date and time. It is imperative since while investigating any error they can submit those in order to acknowledge their clean chit in the current regard (Menéndez et al 2015).
• The staffs need to be punctual and dedicated towards the respective duties when the outlet is open
• The staffs required to be sincere and attentive during the office hours regarding the specifications of an order since they are instructed to inform to the immediate authority if any suspicious activity has been detected
• The staffs must possess a deep understanding and awareness  regarding drug abuse
• The staffs need to enhance their availability day by day in order to become accessible at the closing hours for ensuring the complete shutdown of the office premises
• One of the very important aspects is to train the staffs about the vulnerable consequences of getting drunk that might assist them to anticipate the customers getting drunk and how to deal with a drunken customer   

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;

• When the trader charges fake prices along with selling fake product
• When the attached label represents a fake product
• When the exhibitions of prices in the commercials are fake
• When adequate data is not provided
• When the acquired product is different from the described one

Furthermore, the CPRs have seen to certify three different sorts act of misleading and that can be categorized as;

1. Typical misleading which seem to designate that the respective action that cause this act of misleading is consists of false data in order to mislead the core customers
2. The deliberate attempt to generate dilemma regarding the competitor’s trademark, product and trade names
3. The third action of deceiving is designated with the circumstances when the trader fails to comply with the proclamations that he made regarding the specifications of his/her products and several other verifiable dedication in the aspect of the respective code of conduct which he is proactively bound by.  

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;

• It need to be established that the trader have committed the breach with an aggressive intention or out of gross recklessness
• The trader can avail defense against the criminal charges if the trader has been able to prove that he/she have taken almost every requisite precaution and sincerely committed all of their duties with the desired sincerity (Adegoke, 2015). 
• If the trader can be established guilty, in terms of penal wrath, the company is obliged to pay a substantial financial penalty of unlimited sum. In this circumstances, the owner of the company is held the sole liable and vulnerable to be sentenced to imprisonment for two years. However, as per the legislations framed by the CPRs, the consumer who has been victimized due to the breach cannot appeal for any kind of financial compensation. 

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;

• The food  need to be retained safe
• The treatment should be hygienic which does not harm the quality of the food
• The quality of the should abide by the specified proclamations
•  The food that has been used for labeling, marketing or any other promotional purpose must not deceive the customers
• Traceability, which encourages to keep track of the origin of the food and that information need to procure the accessibility to be exhibited on demand
• The unsafe food need to be eliminated from the organizational premises and the same need to be conveyed to the customers 

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;

• To introduce breaks within the work hours for temporary refreshment
• There must be a general leave in every week
• The subordinates must be endowed with annual paid leaves
• The wages of the respective employees need to conform the National Minimum wage  

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;

• The subordinates of a respective firm needs to be treated with equal demeanor
• The Equality Act 2010 is the prospective legislative nuance that ensures the equality of treatment that are likely to be subjected to the employees of a certain organization
• The Sex Discrimination act 1975 is supposed to preserve the sexual equality among the workplace premises
• Race relations act 1976 encourages the preservation of the equality of races within the workplace premises
• Disability Discrimination Act 1995

Conclusion

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.