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Law Of Licensed Premises

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Introduction:

Licensing refers to receiving permission from the concerned authority on a particular commercial operational process and its further progress for personal and professional benefits. In that case, the license is generally issued by a specific authority, appointed by the government of the national regulatory body on the monitoring and controlling purpose of the targeted business entity. The current study has developed an extended discussion on the license and its use for commercial purposes in UK business operations. Therefore against the grant or the permission, the commercial establishment generally pays a charge to run the business for future sustainability and compliance of ethical practices.

1.1 Different Types of Licensed Premises:

Different types of licensed premises incorporate the following commercial categories that need permission from the concerned authority before starting the business activities legally.

Hotel and Restaurants:

The hotels and restaurants are licensed for the revenue from both the room occupancy and the food services to the customers. In this regard, a hotel and restaurants are allowed to run their business against the assurance that 25% of their gross earnings will be from food sales. Thus, in the opinion of the analysts and authorities, the license in this commercial option enables the business to sell the complement of the alcohol and beverages[ Baylis N, Licensing Course Book (England & Wales) (1st edn, Highfieldcouk 2010)].

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License of the Retail Selling Food and Personal Care Products:

This is the license of permitting the business to sell and manufacture home and personal care for customers preferring to shop from a single-step marketplace. In case of the food products, the license will deliver the allowance of manufacturing and selling the food products as per the business nature and the preferences of the customers[ Greene M and Low K, 'Public Integrity, Private Hypocrisy, And The Moral Licensing Effect' (2014) 42 Social Behavior and Personality: an international journal]. In this context, it has been observed that licensing of this type of business also creates a good image of the company among the customers and other stakes to attract significant market share and thus, the scope of generating revenue.

Brew Pub:

This is the permit that allows selling and consuming different types of liquors while having permission also to manufacture the malt liquor in the licensed premises. In that case, it is observed that the license also delivers the permission to sale the products at either wholesale market or retail market. The license instructed to serve the meat while serving the alcohol. Moreover, the food sales need to be at least 15% of the gross sales.

Licensing of a Country or City Club:

The license delivers the permit to the club authority to offer the liquor and sell the same in the form of non-corporation activities[ Hayes J, 'Clouding The Licensing Issues? [Enterprise Software Licensing]' (2010) 5 Engineering & Technology]. In that case, the government permits the clubs to sell liquor for their members and guests while consumption of the liquor is going on within the premises.

Beer and Wine License:

Beer and Wine license permits selling Beer and Wine only publicly under the commercial and legal compliance of rules and framework[ Licensing Personal Care Assistance Services -- A Report To The 2013 Minnesota Legislature (1st edn, Office of Inspector General, Licensing Division, Minnesota Dept of Human Services 2013)]. In that case, the instruction in this license is also on delivering the sandwiches and other snacks along with the Beer and Wine.

Malt Beverage:

This license allows selling only 3.2% of the alcohol in public places within the said premises as mentioned in the contract. Therefore, the license for off-premises selling instructed the organization to deliver the product in a sealed container to comply with the Food and Beverage Act [ Nicholls J, 'Alcohol Licensing In Scotland: A Historical Overview' (2012) 107 Addiction].

1.2 Differences Between the Personal License and Premise Licence:

Personal license refers to the permission of an individual for personal activities and planning. Therefore, personal licensing is needed in case an individual initiates an activity where the government permits the individual to restrict the movements within the region and the activities on the premises[ Niu S, 'The Optimal Licensing Policy' (2013) 82 The Manchester School]. Therefore, personal licenses do not comply with only commercial purposes but also personal activities that come under national and local regulations. The personal license incorporates driving permission, movement within the places time-bound, and the right to get addicted under specific premises[ Overall C, 'Reproductive ‘Surrogacy' And Parental Licensing' (2014) 29 Bioethics].

Unlike the personal license, the premises license refers to the permit for starting a new venture, specifically the rights to sell restricted products and services within the regions. Therefore, premises license more instructs regarding the commercial activities within the specified places to restrict the spread of the same among external sources and premises[ Tarquin B, Insider's Guide To Music Licensing (1st edn, Allworth Press 2014)]. However, in that case, it is revealed that both the licensing comes from the same authoritarian entity while pursuing the distinct purposes of these activities. In the case of personal license approval, the individual needs to achieve 70% in the NCPLH examination to move towards the licensing approval while possessing the criteria of passing through the CRB check. The personal license is approved by the City Council in London where the premises council needs to fulfill certain criteria of complying with the legislation on places[ Hayes J, 'Clouding The Licensing Issues? [Enterprise Software Licensing]' (2010) 5 Engineering & Technology]. Another difference between these two licensing options is the purpose of permitting the individuals where both licenses are approved in the name of an individual. In this regard, a premises license recognizes the individuals as the owners of the property where the production or delivery of alcoholic products are served and sold. Moreover, the entities possessing the application of the premises license incorporate the performance of a play and event, arrangement of the games, and promotion of films, live shows, and recordings. In that case, the owner or landlord of the property needs to have proper licensing to let the property hire for different events and other activities. Assignment writing service available at Assignment Desk.

1.3Comparison of the Procedure for Licensed Application:

The application of the licensing procedure is similar for both the licenses where the documentation procedure differs from each other. The personal licensing needs to follow the following procedure:
Application through an application form, available on the government websites is the initial step of the application where the applicants specify their own data and credentials
The next phase refers to the criminality check where the responsible authority examines the past criminal records of the individuals The third step of the application incorporates the submission of qualification certificates in order to judge whether the current qualification of the applicant is relevant enough to permit the license for the expected tasks and activities. The following phase incorporates the other examination of the individuals to finalize the clearance of the individual records[ Nicholls J, 'Alcohol Licensing In Scotland: A Historical Overview' (2012) 107 Addiction]. For example, for the driving license, this phase instructs the applicants to appear for the driving test to decide whether the applicant is fit for the final process of license delivery. After the internal procedure of licensing is completed, the liable authority asks the candidates for further documents and credentials needed as per the instruction of the application. The final step of the license application is proceeded after these documents and practical examination.
Apart from the above-mentioned procedure, the approval of the premises licensing involves a number of documents rather than personal documents based on the Property Act in the UK. In this context, it is also clear that the responsible authority[ Hayes J, 'Clouding The Licensing Issues? [Enterprise Software Licensing]' (2010) 5 Engineering & Technology].

1.4 Guidelines on Performing the Licensed Premises by the Staffs:

The staffs of the licensed premises are liable to comply with the instructions of the government rules and regulations against which the license is permitted to the company or individual entity. The guidelines of the licensed premises are as follows:

The staff is liable to deliver the products and services based on the needs and preferences of the customers[ Baylis N, Licensing Course Book (England & Wales) (1st edn, Highfieldcouk 2010)]. Therefore, the guidelines instruct to follow the legal structure and legislation of the hospitality services while protecting the interest of the stakeholders.

The food quality needs to be matched with the legal instruction in the Food and Beverage Act to ensure the quality of production and services to the customers[ Nicholls J, 'Alcohol Licensing In Scotland: A Historical Overview' (2012) 107 Addiction]. The guidance also incorporates protecting the hazards in the licensed premises as per the instruction of the landlord of the property owner.

The staff will also be liable to deliver the products and services in the presence of the licensed food and beverages. Therefore, in the context of the same, the staff is liable to comply with the ratio of earning revenue from the licensed premises' instructions in terms of sales and foods and liquors[ Overall C, 'Reproductive ‘Surrogacy' And Parental Licensing' (2014) 29 Bioethics]. Furthermore, the staff of the hospitality sector is also involved in selling food products to sustain in the industry for longer with proper compliance on the instruction of licensing.

2.1 Consequences of Providing Misleading Information:

In the present context, advertising is considered as one of the most crucial aspects for developing a business. In this context, the researcher is required to mention that the business service-providing organisations often use the tool of proper advertising in order to take a competitive advantage. On the other hand, the firms indulging in providing services are also required to be considered as provider of misleading information. The government of the UK required to intervene for the purpose of misleading practices made by the profit seeking concerns in the country. The researcher is required to mention the implications of the Fraud Act and Perjury Act while making discussions on the consequences of providing misleading information to society. On the other hand, the researcher is required to mention that the Social Care Act 2012 and the

Competition Act 1998 for making discussion on the effects of misleading information.

In 2014, the government of the UK introduced the Care Act to stop false and misleading information offenses. As per this act, the public bodies, which provide healthcare services to the people of England, are bound to make advertisements, which are true and authentic. In this context, it is to state that the acts in the UK regarding misleading information and falsification of information could result in criminal offenses. In this regard, it is required to mention that the guilty persons of the above-mentioned acts could be verdict as criminal and 5 to 15 years of imprisonment could be the result of misleading information. In this context, the researcher is to mention that the Care Act of the UK empowers the court to make monetary penalties to the providers of misleading information.

2.2 Extent of the Employers' Liability in the Protection of Consumers:

The Enterprise Act of the UK states the consumers as a stakeholder of an organization. In this regard, the researcher is required to mention that as the Enterprise Act of the country forces the owners to protect the interests of the stakeholders, the rights and interests of the consumers are required to be protected. The Consumer Rights Act of the UK is to be considered as the basic set of laws in protecting the interest of the consumers[ Niu S, 'The Optimal Licensing Policy' (2013) 82 The Manchester School]. In this context, it is to be mentioned that the employers in an organization are required to make proper concentration in order to make the interest of the consumers protected. In the Consumer Rights Act of the UK, it has been mentioned that misleading information to customers is a preliminary activity that could violate the interests of the consumers. In this context, the researcher is required to mention that the falsification practices in the businesses are required to be prevented by the employers in order to protect the interests of the consumers[ Licensing Personal Care Assistance Services -- A Report To The 2013 Minnesota Legislature (1st edn, Office of Inspector General, Licensing Division, Minnesota Dept of Human Services 2013)
].The organisation is therefore required to abide by the provisions of the laws mentioned in the above portion of the study. The researcher is required to mention that the consumers of the organizations in the UK are to abide by the Consumer Protection Act of the country in order to protect the interest of the consumers and to avoid financial consequences. On the other hand, the researcher is required to mention that the organization is to consider the qualitative issues for serving the people of the country. It is to be mentioned that the product of service quality and the maintenance of the issue is the liability of the employer and therefore, the producers are required to adopt proper manufacturing processes and servicing standards.

2.3 Planning and Justification of the Aspects of Weights and Measures in Its Implementation:

The management of the organisation is required to make proper planning in order to continue the business in the UK. At the initial level, the management of the organisation is required to ascertain the service-providing standard. It is mentioned that the service-providing standard in an organization is the key of providing service to the clients. In this context, the researcher is required to mention that advertising policies are an important tool for making sustainable improvements in the marketplace. On the other hand, the researcher is required to mention that the selling and marketing managers are to provide authentic advertising policies to prove their existence in the market. As per the provisions of the Enterprise Act of the UK, the consumer's interest is required to be considered as one of the most important issues in the present business context as violation of a consumer's right could result in a financial penalty in the UK.

In this context, the researcher is required to mention that the trading practice of the organization is required to be scrutinized regularly as this kind of regular auditing results in an improvement in the legal procedure in the organization. In this context, the researcher is required to mention that the legal formalities in the country is required to be abided in proper manner by appointing legal advisors as the legal requirements could be addressed properly by the legal experts. The organization is required to avoid the financial penalties and other penalties as these kinds of penalties could create contingent liabilities and abnormal losses to the companies[ Licensing Personal Care Assistance Services -- A Report To The 2013 Minnesota Legislature (1st edn, Office of Inspector General, Licensing Division, Minnesota Dept of Human Services 2013)]. Therefore, to avoid financial expenses and minimize liabilities, the management of the organization is required to minimize the violation of the provisions of the Enterprise Act, Competition Act, and the Care Act of the UK.

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3.1 Key Components of a Range of Regulations:

In the UK, trading policies are considered as well developed as the protection of the interest of the stakeholders is considered the base of the legal structure of the company. In this regard, the researcher is required to mention that the hospitality business in the UK requires some legal formulation like a specified number of employees and service staff, defined service hours, price as defined by the government of the country, and the stipulated distance from educational institutes. In this context, the researcher is required to mention that the premises licensing is also required for the purpose of doing business in the cities of the UK. If the discussion is required to be made on the factors on which trading in the UK is to be made, the researcher is to mention that the Trade Practice Act is required to be considered as most crucial.
The researcher is required to mention that the premises of the business are required to be licensed by the government authority of the UK. It is to mention that licensing and off-licensing are to be considered important for the management of the business as the place of consumption of alcohol is required to be determined by the government of the UK. In the licensing agreement, the government gives permission to consume alcohol on the premises of the shop. On the other hand, off-licensing permits the management to sell alcohol but the customers cannot make consumption of alcohol on the premises. In this context, the researcher is required to identify this factor as an important component of regulation.

The time of consuming alcohol is also required to be considered as an important aspect of the legal framework of the UK. Consumption of alcohol on the premises after 11 pm is prohibited in the UK; therefore, the management of the company is required to prohibit alcohol consumption late at night. The staff of the company are also required to work for a shift of eight hours as per the act of the UK. Therefore, the time of service is also required to be considered as a crucial factor for the continuation of business in the UK.

The age factor in the hospitality industry plays an important role as the UK Act mentions the age factors for different services. In this context, the researcher is required to mention that the children are not allowed to consume alcohol products and therefore, the management requires making proper verifications regarding the age of the customers. Only adult persons would be served by the organization, and therefore the component of age of the customers is required to be considered with proper importance.

3.2 Discussion of the Duties and Responsibilities Associated With the Licensed Premises:

The researcher is required to make discussion on the duties and the responsibilities of the management of the organisation in terms of the rules and regulations as these factors could affect the business operations of the company. Initially, the researcher is required to mention that the pricing laws are required to abide by the management. It is to mention that the disputes over the pricing in the UK could result in the ceasing of business. Moreover, food labelling as per the requirement of the Health Safety Act of the UK is also required to be considered as an important duty of the management of the company. The percentage-wise ratio of the ingredients is required to be mentioned in the packets or bottles of the company.Nevertheless, the researcher is required to mention that the product liability is to be carried out by the manufacturers as per the requirement of the Consumer Protection Act (CPA). Product and service negligence is required to be assumed as the most frequent issues that results in legal actions in the UK. In this context, the researcher is required to mention that the manufacturers and the sellers are required to ensure the post-sales services. As per the CPA of the UK, the sellers and the manufacturers of a certain product are required to be responsible for all kind of services to the customers. Moreover, the interest of the employees is also required to be kept by the employers as per the need of the legal framework of the UK. Safety and the prevention of accidents are also required to be considered as crucial responsibilities of the management of the organisation.

3.3 Detailed Risk Assessment of a Type of Licensed Premises:

The researcher mentioned that the licensed premises could face the risk related to the sale of alcohol late at night. On the other hand, the sale of alcohol to nonadult customers is also required to be considered as a risk related to the business. Late-night operation of the shop is to be considered as the most effective risk as this risk could results in the closing of business as per the law of the country. The risk regarding the location of the shop is also required to be considered a crucial risk associated with the licensed premises as sellers of alcohol products could not make sales in a place, where educational institutes are situated.

3.4 Impact of Food Safety and Hygiene Legislation:

In the business of alcohol products, the sellers and the manufacturers are required to focus on health and hygiene issues to continue the operations. In this regard, the researcher is required to mention that the ingredients are required to be shown on the labels of the products. Moreover, the ingredients are required to be safe as per the legal requirements of the UK. Proper examination regarding the quality of the ingredients is also required to be made by the management of the company.

4.1 Justification of the Responsibilities of the Employers in the Employment Process:

In time of recruiting employees for the hospitality organization, the employer must carry out own responsibilities aptly to select the best candidates giving preference to fairness and equality to avoid legal hazards. The employer must abide by all the rules and regulations set by the government to ensure healthy and safe work practices and minimize the chances of health risks. It is the sole responsibility of the employer to train and supervise the staff increasing ease of work. Consulting the employees to assess the area of risk is required to ensure a safe working environment for all the staff. In case of risky situations, where personal protective equipment (PPE) is required, the employer must provide those to the concerned staff and make it obligatory to be strictly followed by everybody. WHS is one of the areas that need regular infection that should be ensured by the employer by recruiting expert in the field. Adequate and equitable facilities for all employees should be provided so that it legalities are maintained. Regulations and legislation related to health, and safety should be abided by, and employers should be responsible enough to ensure those. On this note, it should be noted that equipment used for work should be safe and not harmful to health of employees. Proper risk assessment is required and employees must be made aware to deal with any risk at the time of occurrence. Employers must be fair at the time recruiting staff for a specific post avoiding favoritism and the aim should be recruiting the best-suited candidate for the post. Different safety signs may be useful here to avoid the incidence of health hazards.

4.2 Key Aspects of Discrimination Legislation:

Discrimination is one of the focused areas of employment, safeguarded by acts that empower the legal proceeding. Equality Act, 2010 is enforced to ensure equal opportunities for all in an organization regardless of their cast, gender, religion, and belief. The act empowers the rights of the employees from discrimination in any circumstance, which is safeguarded by law. Penalties such as imprisonment and financial penalties are enforced to strengthen the application of the law. In this light, the employer can be held liable for any type of accident within the time of employment due to not giving preference to health standards set by the regulatory body. The rights of the employees have been strengthened by providing them with the chance to take legal action against the employer. Compensation is given as a remedy after the legal proceeding and if the employer is held negligent for the damage or loss related to health. Discrimination may be performed in redundancy, recruitment, benefits, terms and conditions. Disability is another area, where chances of being discriminated against are greater. However, the law empowers the right of the employees to take legal action and seek compensation if they have been treated in an unfair way. Employees may find favoritism that is one sort of discrimination and regardless of any sector; the employer should strictly avoid those[].

Conclusions:

In this study, the researcher has analyzed the requirements of the license premises. In the initial part, the researcher has found that the license premises require consumer protections and the enterprise acts to be abided by. On the other hand, the late-night sale of alcohol is also seen as a crime for the manufacturers and the sealers of the alcohol. Moreover, the researcher has also found that the risks related to the product selling and place of operations are important for the sellers of the alcohol.

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References

  • Baylis N, Licensing Course Book (England & Wales) (1st edn, Highfieldcouk 2010)
  • Greene M and Low K, 'Public Integrity, Private Hypocrisy, And The Moral Licensing Effect' (2014) 42 Social Behavior and Personality: an International Journal
  • Hayes J, 'Clouding The Licensing Issues? [Enterprise Software Licensing]' (2010) 5 Engineering & Technology
  • Licensing Personal Care Assistance Services -- A Report To The 2013 Minnesota Legislature (1st edn, Office of Inspector General, Licensing Division, Minnesota Dept of Human Services 2013)
  • Nicholls J, 'Alcohol Licensing In Scotland: A Historical Overview' (2012) 107 Addiction[]
  • Niu S, 'The Optimal Licensing Policy' (2013) 82 The Manchester School
  • Overall C, 'Reproductive ‘Surrogacy' And Parental Licensing' (2014) 29 Bioethics
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