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Process of Business Premises License

University: Mont Rose College of management & Sciences

  • Unit No: 23
  • Level: High school
  • Pages: 17 / Words 4143
  • Paper Type: Assignment
  • Course Code: M/601/1685
  • Downloads: 119
Question :

This assessment will cover:

  1. Elaborate effective types of licensed premises.
  2. Give effective consequences and the details regarding the misleading staff and management.
  3. Give all the key components and the regulations for the employment of staff.
Answer :

INTRODUCTION

The term licensed premises is used to refer to any shops, buildings or any other area which is authorised in order to conduct business for which the license has been issued.  It is a activity in which a business carried license legally. The report will cover, different type of licensed premises along with differences between a personal license and premises license, the procedure for license application and guidelines on the conduct of licensed premises by the staff. In addition to this, consequences of providing consumers with misleading information, extent of employer’s liability and key components of range of regulations will be discussed. The report will finally demonstrate responsibility of employers in the employment of staff and aspects of discrimination legislation.

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TASK 1

1.1. Discussing the different type of licensed premises.

Under the UK government rule different types of licenses and permissions are granted to various types of organizations such as companies, restaurants, individuals etc. so that they are enabled to give the type of service for which they apply for such as restaurants which conduct entertainment food beverages such as alcohol which is usually serve and various other forms of entertainment are mostly till late nights (Costello, Robertson and Ashe, 2011). They also conduct dance and casinos. There are four types of license premise which are available and mentioned below.

 Premise Licence: For the requirement for permission to sell or supply of alcohol a premise license or temporary license is required. Which is mostly gives to those entities whose main purpose is selling serving or supplying alcohol. Though it has a limit as to the number of people or patrons exceeding 60 is not permissible, in which case the entity has to apply for a small bar license. Premise licence is acquired for running the business legally. It is granted by the specific authority asccording tio the laoction of business. Premise license is madatory for business providng alcoh9olic products.

Personal License: For individuals or entities requiring the permission to sell alcohol at premises or places such as bars that have the licence for the sale of alcohol, such entities need a personal license which is movable and gives them the permission to supply alcohol and to travel with it. Its duration is mostly 10 years while premise license lease is not specific and varies as per the way and nature of their work.

Club Premise License: when entertainment is the prime objective of any company firm or person then they need to apply and obtain a Club premise license which gives them the permission to entertain people in various ways such as dance bar, strip clubs casinos video parlours and other forms of entertainment  (Burgess and Moffatt, 2011). As per the law of providing Club Premise License Act 2003 regulating entertainment is a licensable feature

Standard and Late Temporary Event Notice: To cater late night refreshment and to serve hot food such as late night dinners and hot drinks including alcohol, mock tails etc to people or to other organisations companies between 11pm to 5am  a standard and late temporary event notice is required.

1.2. Discussing the differences between a personal license and premises License.

A personal and premises license, both are essential for any organisation for smooth operations. Though they both differ from each other in many ways. A personal license which is movable or portable which gives its user the freedom to carry alcohol and to supply it to licensed users of premise licences whereas premise licence is given to people or organisations as per their various ways of work which are covered under conditions mentioned in the licence. Personal licences are issued for a period of 10 years where as the premise licence duration is not specific and may vary  (Beckingham, 2012). As per the nature of the activates involved and is valid until it lapses after the period mentioned or is surrender or returned by the holder. For permission to sell or supply of liquor a personal licence is mandatory whereas for the requirement to provide late night refreshment and to provide regulated entertainment such as dance bars and casinos etc and for the sale of liquor in such places a premise license is mandatory.

Personal license is only issued to individuals above the age of 18 and above and should be qualified and appropriately trained to run his business as stated in the license .on the other hand no such requirement is essential for premise license  (Smith, Morgan and McAtamney, 2011). In case of personal license only the personal in whose name the license has been issued can conduct the specific act as mentioned in the license and cannot hand over or transfer his right to any other individual in any condition whatsoever, doing so will be an offensive and can be punished by law and his license too can be cancelled by the authorities whereas in case of permission license the permission to conduct the entertainment or commercial activities can be shared by person or persons as the wish of the license holder.

1.3. Comparing the procedure for license application.

Comparison of procedure for license application

A proper procedure is mandatory for any individual applying for both personal and premise license. To apply for a personal licences personal details need to be filled and submitted in an application which will describe and show the purpose and the place as to where the alcohol shall be sent alongside general information of the person asking for licences such as his age name etc..alongside which a basic criminal form is needed to be submitted by  the person needing the license this form application needs to be certified by the local police thereby certifying that the person needing the license is and has not been engaged in any kind of criminal activity nor has been convicted for at least a period of last 5 years (Hadfield and Measham, 2015).After receiving a positive result from scrutiny by the local police other relevant certificates and documentation which prove age and accredited training qualification alongside with 2 passport size photos need to be submitted along with the appropriate fees.

Any organisation who wants to conduct activities need a premise license this licences is for the premise where the activity will be conducted such as a club or bar. The procedure begins with the submission of an application form submitting the plan of the activity to be held along with papers of the said premises. The place where alcohol will be served should be mentioned along with the time till when it will be served should be mentioned in the application form .In addition to this a consensual should signed and submitted by the nominated Designated Premises Supervisor. An amount that has been decided should also be submitted alongside all the documents. The amount fee is based on the bands regarding the Domestic Rateable Valuation of the property

1.4. Assessing guidelines on the conduct of licensed premises by the staff.

As per the Licensing Act 2003 a proper code of conduct and guidelines are provided. It is compulsory for the staff employees to adhere and comply by the rules of the licensed premises license  (Buyucek, Knox and Rundle-Thiele, 2018). The staff members employed by the licensed premises are under an obligation that they should be trained and highly qualified as per the norms stated in the premises licence they are to be given a minimum 3 months period of training starting from the date of the licence issued. The DPS of bars and hotels are obliged to ensure that after attaining the licence for premises the staff that has been appointed is suitably qualified and eligible for the sale and supply of liquor.

People having national accredited training should be appointed for this purpose. Staff members cannot consume alcohol while they are on duty and the staff of the hotel cannot employ any person below the age of 18(minor) for the sale of alcohol as it is a punishable crime. All hazardous equipment should be handled well and taken care of under a supervision of experts, and extra precaution needs to be taken for the safety of children especially where alcohol is served. It is also very important that information of each customer coming to the premise be kept confidential and not be disclosed for any unethical or unjust benefit.

TASK 2

2.1. Assessing the consequences of providing consumers with misleading information

customers are served drinks on sale in a premises licence, and each bar or club house has a rate list mentioned in the bar and on the menu list which gives the buyers an insight to the rate list before they place their order, any type of information that is found wrong or false in accordance to the price list can make the authorities cancel the licence therefore making the customers feel protected from the Unfair Trading Regulation 2008  (Gostin and Wiley, 2016). Part 2 of this regulation also covers misleading practices on commercial. In light of which the trader can be sued for not abiding by the laws of the CPRs .

Consumer Protection from Unfair Trading Regulations 2008 better known as CPR implements the EU Unfair Commercial Practices Directives ,who prohibit false commercial practices and misleading and aggressive practices.

  • Misleading occurs when the traders sell the product at a different rate than mentioned in the menu or on the product item when the label          on the product is not the same as should be
  • when the advertisement of any product or item is not the same as the actual product and so difference in the rate also differs
  • when the staff or the written information given to the customer is misleading or insufficient and may not be able to satisfy the customer
  • when the product served to the customer is not the same as described

As per defined under the CPR, there types of misleading action that can be done against the consumers. They are:

  • False information given to customers in order to deceive them or in misleading consumers is general misleading
  • A state of confusion is created with the product its trademark or its name in favour towards any other competitor and to gain financial gain.
  • When the trader fails under a code of conduct to comply with the firm and to give proper and verifiable commitment to the consumer this is the third misleading action

2.2. Evaluating the extent of employers’ liability in the protection of consumer.

It is important that every employer of a licensed premises protects the customers and he is obliged to conduct his duties in such a manner that his staffs treats the consumer well and the protection of the consumer is off utmost importance and is a crucial responsibility of the employer. The employer is supposed to charge the consumer with fair price of goods sold to him and he cannot charge superior rate compared to the quality of the product served and for this purpose it is mandatory that they supply or sell quality products at fair price. if it is found that in their premises there is a breach of misconduct deliberately or negligence .They should provide proper information regarding the quantity quality ingredients and statutory warnings to the consumer

Proper policies should be implemented to prevent the interest of the consumer. It is the employers duty and he is obliged to take utmost care as he purchased goods and services from other organisations and serves it to his consumers as the customer deal with the employer directly and not the organisation from which he purchased therefore it is his duty to take care of their health for which he should take complete inspection of the products that he provides to the consumers as their life could be at risk or they can be injured (Yuan and et.al., 2017) .It is also very important for the employer and his staff to maintain confidentiality and privacy in the premises as disclosure of information about the consumers can cause them trouble and its a breach on personal space and such information could cause them harm. This is the duty of the employer to see that his staffs also abides by this rule which is imposed trough Data Protection Act

2.3 Justifying policy for aspect of weight and measures legislation

The weight and measure act of 1985 which was replaced with the weight and measure packaged good regulation of 1986. Under this act it was determined with regulation of weights and measure with trade law and into this weight or size of goods being traded was important. This regulation includes that package that is placed into nature that is opened or undergoing with perceptible modification. This regulation is applied on packaged intended for sale in constant nominal quantity which is in between 5 g or 5ml and 25 kg or 25 L inclusive.

The regulations which are established for quality control of packaged goods will be according to the consumer required for regarding the quantity and protection provided with the short measured. As per the packer rule packing should not be less than the nominal quantity, proportion of packages should be less than a specified level and no package should be short by twice the tolerable negative error. This policy is justified because it provides proper information to consumers about the products they are consuming. Moreover, this policy also provides protection to customers against the mismatch of contents on the packaging with actual product.

According to the weight and measure act 1985, The goods which are being trades must be mark with its weight to know about the actual price of the good being packed. There are three rules which the packers have to follow while packing the goods that includes :

  • Actual quantitiy of the package must not be lower than the nominal quantity.
  • The proportion of packages whihc are short of the stated quanitity by a defined amount should be less than specified level.
  • No package should be short by more than twice the TNE (Tolerable negative error).

TASK 3

3.1. Discussing the various key components of range of regulations.

There are various ranges of regulations that come under the health and safety in work premises. Some of the laws are as under:

Safe work environment:  as per the law of health and safety, the bars, hotel and clubs with employees more than 10 should have proper framework and documents regarding the health and safety of the consumers (What are the main health and safety regulations?, 2018). it implies the proper maintenance of the hazardous easements and have proper precaution in the case of any emergency situation. It is the duty of employers to train their employee properly and making proper arrangements of the first aid.

Noise: As implied by the work regulation act 1989, it is a responsibility of the employers of licensed premises to take care of the proper arrangements for the staffs and consumers to the protection from the loud sound. It essential in the clubs and hotels to imply the proper policies in order to reduce the laud noise.

Hygiene and proper disclosure:  The licensed premises are compiled to provide the safe and hygienic environment to customer and employees working in the premises. the employers comes in the liability to take care of all the safety measures that can helps in providing the possible safety to the visitors in the workplace  (Baron and et.al., 2016).

The Management of Health and Safety at Work Regulations, 1999:  as per this law, the employers of the licensed premises are obliged of making proper assessment of risk to the health and safety of its workplace. They are responsible to identify the risk in order to make proper arrangements to control or reduce the risk. The employers in the workplace are obliged to provide the proper and full information to his staffs and employees about the risk at the workplace. the employers should also provide proper training to his employees

3.2. Discussing the duties and responsibility of the management of licensed premises.

Along with the supervisor, the management of the work place has also possess some duties and responsibilities of management in proper functioning of the organisation are:

Daily operation: the main role of the manager is to ensure the daily functioning of the departments and of the employees smooth.

Staffing: most of the employers expect their managers to hire new skills and experienced employees in the company.

Set Goals: the manager of the company has to set both the long term and the short term of the goals and objectives of the company.

Administration: managers complete administrative work and correspond with other departments.

Delegation: Effective managers delegate the task and responsibility to the employees as per their skills and qualification.

Motivate: a managers also implies in motivating his employees and encourage them to work more effectively and efficiently (What Are the Main Responsibilities of Managers  , 2018).

The manager of the licensed premises has to follow all the provisions of the common law. The manager should work in order to provide benefit to the organisation and customer. They should maintain the factor of confidential in the respective hotels. The manger has the responsibility that they should provide all the necessary information to their customers as well as to the employees and the staffs also.

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3.3. Evaluating the impact of food and safety and hygiene legislation.

As per the law of food and safety law, the business that are dealing in food to be ensure that, the interest and assurance of the safety of the consumers. This law affects the operations of the licensed premises (Trickett, 2017). They are obliged to work to as per all the legal norms in order to prevent penalties and claims. The management of the licensed premises has to provide guidance to the their staff and employee in order to prepare the food by following all the guidelines as mentioned in the law. According to the food hygiene regulation, 2006 organisations which are operating their business in food industry must ensure that the food providieded by them is health and is porepared in a hyiene manner ans also it include that palce where food is prepared must be cleaned and maintained to reduce the harmful effect of that on the helath of public. It also include that the food busines providers must establishb and maintain food safety maangemnt system based on Hazard Analysis Critical Control Point (HACCP) principles. Food operators must directs its workers to wear face mask, hand gloves etc. While preparing the food top maintain safety and hygiene at the place. Food operators have to follow food and safety legislation to ensyure that public health is not affected by the food provided to them.

3.4. Evaluate the impact of food safety and hygiene legislation.

The Food and Gygine regulation, 2006 has implemeneted the measures in order to update the previous food hygiene in UK. The new legislation sets out the standard of the duties of different food business operators which lays the safety of food produces. The aim of the legislation is improving the health of public. The food safety agerncy UK, works to ensure thge safety of the food produced all over the UK. It combined with the local authority to check and monitor the enforcemenet of food safety regulations.

TASK 4

4.1 Justifying the responsibility of employers in the employment of staff.

There are so many responsibilities of the employer in the employment of staff given under the employment act, equal work equal pay act and national minimum wage act. Here are the following responsibilities discussed below;

To provide employee an employment contract in written along with paid holidays and minimum statutory. In addition to this, statutory sick pays, maternity, adoption pays and leaves and paternity. He is also responsible for national minimum wages to them and their liability insurance as well. Safe and secure workplace environment is also important to provide avoiding any kind of discrimination activity  (Mansuripur, 2017). The responsibilities also include assessing task and risk associated with them to measure and reduce them effectively. It should be ensured by them that the machineries used by workers at workplace must be in good condition in order to remain safe while working with them. It should be checked in a timely manner to prevent from accidents.

It is a legal duty of employer to be liable for damage caused to the worker and relative steps should be taken to help them. Some essential measurers can be used by firm to restrict the risk associated with health for the safety and security purpose. Staff should be given with proper guidelines about how to use heavy machineries. Record keeping also a important part of this that it helps to take prior safety actions. The health and safety act, 1974, personal protective equipment at work regulation act 1992 and fire regulatory reform act 2005 are applicable for this.

4.2. Explaining the key aspects of discrimination legislation.

The aspects of discrimination are one of the major issues in the domain of employment in current time across different nations and global world. The licensed premises must not practice any kind of discrimination culture within firm in order to ensure ethos of equality pervades within business in all activities. The recruitment and employment process must provide with equal opportunities and scope to candidates in respect to their age, sex, gender, ethnicity, race, disabilities and colour. In addition to this, in this, sex discrimination act 1975 plays a major role in ensuring that it is not eradicated from the work place. The equality act 2010 also ensures that all the workers working within firm are treating equally in terms of their salary, wages, race, cast, religion. ethnicity and other things.

The disability dissemination act 1995 ensures that employer has no right to reject the application of employment on the basis of any kind of physical disability of an employee. In addition to this, it also provides protection and security against indirect or direct discrimination and harassment in public functions, services, work and education. It also provides protection for breast feeding mother  (Bowers and Lewis, 2018). This act introduced the discrimination against arisings from disability. Key provision of the new act suggests the provision of ban on discrimination towards age. It is important to provide a valid or good reason for the discrimination otherwise it is subjected to breaching of law. Thus, it can be said that there are different types of legislation of discrimination are witnessed at workplace to provide security and safety to employee towards their work. This also helps business to accomplish their goals and objectives by following rules and legislations established by the government.

CONCLUSION

It can be concluded from the above report that a personal license gives its user the freedom to carry alcohol and to supply it to licensed users of premise licences. In addition to this, application needs to be certified by the local police thereby certifying that the person needing the license is and has not been engaged in any kind of criminal activity. It is analysed that hazardous equipment’s should be handled well and taken care of under a supervision of experts and employer is also supposed to charge the consumer with fair price of goods sold to him. Finally, some responsibilities of the employer in the employment of staff given under the employment act is important to follow along with rules and legislations.

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