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14 Pages 3508 Words 74 Downloads

Introduction

The project have brief description of what licensed premises is? The report has been ready on the informative basis regarding the premises with licensed. The report will try to cover all the necessary points regarding licensed premises. It has been seen now a days with a change in trend that building up of new restaurant and pubs is very important. Today's  youth look for the variation of happening places and that is why new buildings are standing on every corner of the road. But the hard part of such establishment is to get permit for running the same. The project shall cover all the important points which are equally important to set up a licensed premises. It will also highlight the important laws and reform regarding licensed premises.

Task 1

Licensed premises are basically those places where a special permit has been given to carry out some of the activities. It is very well known that not all the activities carried out in the market shall access a prior permission to carry out the activities that is why government has made certain rules or providing permit to carry out the activity. This permit is known as license which enable a businessman to carry out his business with full fledge permission of the government. For example if a business planner wants to open a business of Alcohol service then he has to seek permission for the license from government. Not all the premises need permit but there are few for it is mandatory to seek license and those are:-

Clubs- Club is a kind of hangout place for the people where drinks and snacks are being served. These are the places of high and loud music, dance, drinks and services which is now much in trend. As it is fact that Alcohol serving in normal has not been permitted by the government that is why these kind of places need to issue a Club license to carry out the activities.(Burton,  2015)

Hotels- the places to stay also need license. Hotels are building made for the people who travel and does not have accommodation of their own. They book hotel to stay for a limited period of time and by paying can avail the services.( Kypri, 2015.)License shall also be needed to carry out hotel services to ensure government that no illegal activities are being carried out in hotel.

Limited Premises- there are some of the premises which need a permit of carrying up a business for a limited period of time for an example a seasonal club shall be asking for a license to carry out his business for a limited period of time and such license shall be issued.(Evans,  and Roche,  2013. )

Whole sale and producer premises:- as the Alcohol service provide need licensed for their premises in the same manner the produces or the wholesale market premises also need license to carry out certain business especially when it is about Alcohol because government do not allow to carry out such practices without permission. The Mayflower is a kind of licensed premises as it is a pub.

When a licensed is being issued is shall be granted on 2 basis that is personal and premises. Both the license are granted to carry out the same practice of Alcohol but the services provided are way too different. There is a huge difference between a personal license and premises license.

Personal License

Personal License id basically issuing a license to a personal individuality. This license shall be granted to a individual person who want to sell Alcohol. A personal license specify an individual; to carry out his trade in Alcohol for an example those person who has a set up of wine shops or beer shop may get only personal license. This include the selling of Alcohol not serving of it. While premises license it totally different from personal license.(Sonderlund,  Miller, Palmer, and Kremer, 2013)

Premise license

premise license has been given to certain premises or any place where the Alcohol service activities are being carried out. The best example of premise license are Clubs, Pubs, Bars, these are the places where serving of Alcohol has been carried out. There shall be no selling of Alcohol in these place. They serve Alcohol with the providence of proper place to sit and enjoy the drink with music and dance. People are very attracted to these kinds of places.(Menéndez, Tusell, and Weatherburn, 2015.)

Hence both the license are way too different from each other but, they both get issued from the government to carry out the Alcoholic activities which includes serving and selling of alcohol.

When The Mayflower had made an application for license it was granted with premise license

For issuing any prime thing there are certain procedure which is to be followed by the organisation or the industry. Such procedure is necessary to follow in order to reduce any legal obligation for the business practice. According to licensing Act of UK government, there are various provision mentioned in the Act which shall govern to apply for licence whether it is personal or premise.

The procedure to be followed is :-

  • for applying license, the first step to be taken is to fill the form of license with all the necessary details, make few copies of the form and then submit to any local council. If the form is not being submitted to local council then it can be send to police authority. Another form of filling is by applying online if the council where the application has been submitted accept electronic application.(Vega,  Wilson, and Thomson, 2013)
  • After applying for the application, the applicant has to deposit a prescribe fee to the authority for license. Such fee may vary and it shall depend upon the NNDR that is National Non-Domestic Relatable value.
  • When no responsible authority or person makes any representation while application is properly made then, authority must grant application on 2 basis that is operating schedule and mandatory conditions mentioned in the act. This whole activity shall be carried out with little administration where the authority shall administer about is the application made shall be entertained, is it fulfilling the purpose? And no false representation has been made in the application.(Chalmers,  Carragher,  Davoren,  and O’Brien,  2013) If the authority does not find an appropriate reason for filling the license then it may with due power can reject the application for issuing the license.
  • The license shall be granted on 2 basis if you are not serving in a pub the personal license shall be granted and if you are asking for service of alcohol in Pub then premise license shall be granted.

Licensed premises are the places where Alcohol are being served. Bars, Pubs, Clubs are the finest examples of the licensed premises. Such premisses shall also comprises of staff which should be equally suitable for the job. There are various guideline on the conduct of licensed premises.

  • as one of the prime service of license premises is to serve alcohol to the guest it is the duty that premises shall include only those drinks on which permission has been granted. No other Alcoholic activity shall be carried out
  • licensed premises are for Alcohol services not for selling hence these places does not comprises any of the authority to sell Alcohol to anybody on high rates.
  • As the license granted is for Alcohol and not for any other thing, then it shall be legal obligation on licensed premises to serve only Alcohol not any other substance
  • the permit granted to licensed premises for carrying alcoholic activity is only for 10 year not more than that. After every ten years the owner of the premises has to apply for the renewal of the license for carrying out his business.(Menendez,  Weatherburn,  Kypri,  and Fitzgerald,  2015)

Task 2

It is very important for a premises who is serving Alcohol to seek a license first and the serve the Alcohol. It is because it has been stated by the government and not following the guidelines of the government may rise to legal obligation. Besides there a there are certain other problems too in not getting any license. Generally when the license has not been issued, the premises bound to  form misleading statement to the customer which shall lead to various consequences. Such consequences are hazardous in nature for the premises and the customer.  Various consequences which can arise while making a misleading statement to the customer are:-

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One of the major consequence of giving misleading statement is giving invitation to illegal activity. According to law, forming a misleading statement or giving a misleading statement to custmore or any other person is an illegal act by which liability can fall on the person who has made this statement. In case of licensed premises if any person make a misleading statement in context to his permission for grant of license then he shall be held liable for 2 most unwanted civil wrong that is forming a misleading statement to a customer as well as providing him a false information and second, running a premises which serve alcohol without license which is an illegal practice according to the licensing act of UK(Rubel,  and Zhang,  2014.)hence the consequences of forming misleading statement is very bad as it may give rise to liability and legal obligation on the person forming the same.

Any industry which runs a business of service to a customer, it comes under the legal obligation to provide the best and satisfactory services its customer. It is the duty of the service provider, related to any field to protect interest of the customer. And for such stable satisfaction government has introduce Consumer protection act to satisfy the consumer need and to ensure the protection of their interest and right . When any service has been provided by the service provider it ensure the protection and when such interest breaks liability falls. liability arise due to breach in many legal obligations that are:-

Liability of duty of care:- while providing any services to the customer by any service provide, it ensure the duty of care that is duty to know what services are being provided and those services shall not be harmful. In case of licensed premises it is the duty of the staff to provide the right Alcohol which is being order, if not then employer shall be held liable. This protect consumer interest.(Zinkiewicz,  Curtis,  Meurer,  and Miller, 2016.)

Breach of duty:- the employers of licensed premises have been assigned with several duties against consumer which raise an obligation to fulfil that duty. In case of breach of any of the duty shall amount to raise in the liability of employer. The employer shall be held liable for any breach of duty which occur against customer. In case of licensed premises, it is the duty of the employer to entertain the consumer who are visiting the premises, in case of no entertainment, the employer shall be held liable. Such liability of breach in duty to care shall safeguard the interest as well as the rights of consumer.

Damages and Injuries:- when due to any services provided to the customer, results into some kind of damages or injury then the employer shall be held liable for that. For an example if a person visits a Pub and order a glass of wine, here the wine used for serving was inappropriate. By drinking that glass, customer start bleeding from nose. Here the damages has been occurred to consumer which result into injuries hence the employer shall be held liable for not protecting consumer.

Hence, these are some of the rights which has been given to consumer and extent the liability of employer.

When a Club or any licensed premises start trading into Alcohol, there is perimeter and plan regarding weight and measures of drinks and the glasses in which drinks are to be served.

It has been seen that while providing any alcohol, first thing to be seen is the weight of the bottle. The weight doesn't exceed the limit as the tax shall be increased.(Trifonoff,  Nicholas,  Roche,  Steenson,  and Andrew, 2014.)

It is important for any Club like Mayflower to have measured glasses for drinks so that the right amount of drink shall be poured into the glasses. It is important to pour the right amount of drink as excess or inappropriate amount of drink shall result in ill health of the consumer.

It has been recorded that even legislation has mentioned some of the measuring details and weight management for the licensed premises. While creating any plan by licensed premises, it is important for it to plan accordingly as provided in the legislation because they are the guideline for licensed premises to keep the stock incorrect quantity.

Task 3

There are various regulation present which safeguard the interest of the people. But sometime it became necessary to set a range in the regulation it has been done in order to reduce complexity in the minds of the people and less. For setting up the range for regulation there are some key components which is to be considered. Those are:-

Prevention of crime and disorder:- the regulation shall be made in such a manner that it shall prevent the crime and disorder. That is enactment of such provision which shall raise legal obligation on the people who shall raise crime and disorder especially at licensed premises.

Public Safety:- the key component while setting up of any range of regulation, it should be taken into consideration that the the provision enacted shall be of public safety. They ensure public security and public safety first and then any other thing.

Protecting and promoting public health:- As licensed premises deals with the services of Alcohol, the regulations shall be made in such a order that they ensure health protection. Taking alcohol in excess quantity or taking Alcohol by minors could hamper their health that is why some provisions shall be set for protecting health and care.(Roche,  Steenson, and Andrew,  2013.)

Protection of children harm:-  The regulation should also include all the provision which shall ensure the protection of children. Children are important element of the society and it is the prime duty of any regulation to establish such laws and section which ensure security of children or minor.

There are many duties and responsibilities which are to be followed by the management of licensed premises. These duties and responsibilities are to be performed in order to ensure the proper working of the management as well as to for the proper functioning of the premises. Some of the duties and responsibilities are :-

  • first of all, the prime duty of a licensed premises is to ensure that it should get a proper and valid license to run the business of alcohol in their premises. A licensed premises shall get a license under licensing act. Without the permit, the premises shall not be able to run his business legally.
  • Taking care the need of the people or the consumer is the second duty which shall be fulfilled by management. It shall take care of what a consumer is desiring to have.
  • The management also ensure for the proper working of management in respect of serving, sitting, and providing the best services.(Rowe,  Wiggers, Wolfenden,  Francis, and Freund,  2012)

Step 1

Step 2

Step 3

List of hazard to be happen

List of group of people

Measures to be taken

Fire

At least 3 to 4

When any licensed premises caught fire then there shall always be fire extinguisher, a first Aid box shall always be there.

License permit

At least 2

Must issue a legal license under licensing act. The license shall get renewal after every 10 years.


The legislation has put and enacted various laws and bill in order to promote health and food safety. It is because licensed premises often serve food and snacks with the drink so it is important to implement certain rules and regulation in regard with food that people eat to ensure that all the food material served is of best quality and the consumer shall not get any expired food which will effect his health. Talking about pure health hygiene also plays a very important role. The place where food is being served should be properly cleaned in order to reduce the risk of getting ill health.

The impact of enactment of various provisions by legislation is very positive. Because of these provisions, some of the licensed premises have changed and took a great care of health and hygeine to reduce the legal liability and to promote the growth.

Task 4

There are various roles to played by the employer in his workplace. One of the role is to make a responsible employer for its employer staff. While being a employer, there are various responsibilities of a employer against the staff. Like:-

  • it is the responsibility of employer to explain staff his whole work
  • it is the responsibility of a employer to train the employee staff regarding the work carried out in workplace.
  • It is the duty of a employer to avoid discrimination between the staff members. As it is a wrong practice to be carried out in the course of employment
  • it is the responsibility of the employer to manage all the work which has been carried out in a licensed place(Schofield, and Denson, 2013.)

There are many activities which shall be carried out by the employers at the work place of which discrimination is one of the most discouraging activity. Discrimination is basically not treating everyone equally at one place. when a same task has been conducted by 2 person in a same manner giving same result, but one has been awarded with dignity and prize while the other one not shall amount to discrimination. To rectify such discrimination amongst the staff, legislature has enacted a new law of providing equality in which everyone shall be treated equally. It also ensure the equality before law that means everyone shall be equal in the eyes of law hence, by such enactment, discrimination can be rectified.(Sonderlund,  Miller,  Palmer,  and Kremer,  2013.)

Conclusion

It can be concluded by the project report that various laws has been established in the view of licensing the premises. The project have described what all are licensing premises, how license can be granted and what are the precautionary measures to be taken by license premises for carrying out the business

References

  •  Burton, G., 2015. The law affecting rent review determinations ; The law affecting valuation of land in Australia [Book Review]. Bar News: The Journal of the NSW Bar Association
  • Chalmers, J., Carragher, N., Davoren, S. and O’Brien, P., 2013. Real or perceived impediments to minimum pricing of alcohol in Australia: public opinion, the industry and the law. International Journal of Drug Policy.
  • Evans, K.R. and Roche, A.M., 2013. The Role of Government and the Law. Learning About Drinking.
  • Kypri, K., 2015. Evidence of harm from late night alcohol sales continues to strengthen. Addiction.

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