Evaluate Guiding Principles On The Performance Of Licensed Premises

INTRODUCTION

This report describes the effect of licensing premises, their different kinds, their basic differences and their collision on obedience and non obedience in context of legislation. Further proper guidelines are mentioned regarding the use by staff of these licensed premises and briefly the procedure for licensed applications has been explained. As this report mostly emphasized over the food business, hence it describes requirements and convention regarding the hygiene and safety of food. This report suggests the basic duties and responsibilities of the employer regarding the health of their employees. For the basic awareness of the employees regarding their duties and responsibilities while serving alcohols to customers, a proper training should be given so that they could learn how to deal with the customers.

TASK A

Confer the different types of licensed premises

Licensed premises

Licensed authority issuing license to conduct business over any shop, building and any other area is termed as ‘licensed premises’ (US Legal, 2014). Below are different kinds of licensed premises:

Hotels

Evaluate Guiding Principles On The Performance Of Licensed PremisesFor opening a hotel the person should fulfill many formalities regarding laws, regulations and codes of the State. These formalities includes licensing rules to fire regulations and food hygiene, therefore ignorance will not be considered as a genuine ground of excuse if any kind of wrong happens in the hotel before the law. The hotel will be held liable for any wrong as the court will consider it as failure of duty on part of hotel, for which remedies are either imprisonment or fine under civil law or criminal law. Hence all the formalities regarding granting of license for hotel should be fulfilled.

The alcoholic beverages can only be served in hotels when the regulations mentioned in Licensing Act 1964 are fulfilled. Whereas, for serving of food during day time there is a specific license called Function’s license, this license should be obtained by the hotelier for availability of meal during day time in his/her hotel  (ASSET SURE, 2014).

Restaurants

The license which is required to be obtained by a person for the opening of a restaurant is known as “Business License”. A federal business license is required if there is a need of interstate transport of animal products or plants by the restaurant owners in accordance with the Small Business Administration.

For the maintenance of the license an annual fee or a portion of the sale is been charged by the State, country or local agencies (Sherrie & Demand, 2014).

Tenancies

Assured short hold tenancies is the most common form of tenancy. Below are the factors affecting AST:

  • Only private landlords are covered under rather than being a local or a housing association.
  • 15th January 1989 should be the starting date for tenancy or tenancies after this date are included.
  • Tenants’ main accommodation should be your property involved in tenancy.
  • Landlord should not reside over the property involved in tenancy (GOV.UK, 2014)

Confer the basic differences between a premise license and a personal license

Below are the basic differences between premise license and personal license:

  1. There is a need of supervision to be made over the supply and sale of alcohol with a validity of 10 years at any area as the Designated Premises Supervision. The license for this supervision is known as Personal License. Whereas the license required for the individual premises to be used for serving alcohol, late-night refreshments and for the regulated entertainment is known as Premises License (Lewes Distrcr court, n.d).
  2. The charges for these to licenses are different, as additional charges are applied for the Premises licenses (Lewes Distrcr court, n.d).

Make a brief comparison of procedure for license application

Personal license

There is a need of a personal license for selling or supplying of alcohol and for consumption off or on premises.  Both a person running or employed in a business associated can apply for personal license. There would be requirement of the following documents for an application of personal license:

  • Two passport size photographs are required, one signed by any solicitor or notary authorizing the faithfulness of the same.
  • Completely filled application form of personal license.
  • Completely filled declaration and disclosure of conviction form.
  • Original document proving that person holds the new National Certificate for Personal License Holders qualification
  • Original certificate issued by Disclosure Scotland of criminal conviction or record, charged for some value.
  • Submission of application fees of 37£ along with the application form by the person filing for the license, either paid by cheque, debit card or by credit card, payable to South Oxfordshire District Court (South Oxfordshire District Council, 2014).

Evaluate guiding principles on the performance of licensed premises for use by staff     

Regarding the safety and effective management of the licensed premises, the people staffed over there and the person who is the license holder will be responsible for the same. Hence there should be a proper knowledge of Licensing Act 2003 by the people staffed. Following are the guidelines for the staff regarding their good conduct of the licensed premises:

  1. A proper training should be given to the staff regarding the business policies.
  2. There should be presence of attentiveness in the staff, so that they could report the police of any mistrustful activity found by them.
  3. Drug awareness training should be given to the staff.
  4. Awareness of all the policies should be there in the staff as they are the basic contributors in the intensification of the premises.
  5. Proper training regarding the licensing law should be given for proper maintenance and operations before serving alcohol.
  6. Proper record of advises and training should be maintained along with date and name mentioned.
  7. There should be proper training for the staff regarding dealing to be made for the drunken customers.
  8. The working practices can be developed by proper briefing and debriefing of the staff.

Evaluate the penalty of providing consumer with ambiguous information

Licensed placed serving alcoholic drinks to the consumer, with a price list placed, listing the prices of the drinks for customers. Any kind of ambiguous information made regarding the price to the customer will make the licensee liable for the same. The customers are immune by the regulations of the Unfair Trading Regulations 2008. Misleading commercial practices are also covered under this act by part 2, stating that misleading and unfairness conducted by the traders will lead to breach of CPRs. Hence the trader can be sued for the same   (Office of Fair Trading, 2008).

  • Implementation to EU Unfair Commercial Practices Directive is given by the Consumer Protection from Unfair Trading Regulations 2008. There is an introduction made by this regulation to the aggressive practices, specific prohibitions against misleading, unfair commercial practices and a blacklist of 31 practices which will be considered as unfair in every situation.
  • CPRs applies to business-to-consumer transactions, business-to-business practices closely connected to consumers and can also apply to consumer-to-business transaction.
  • CPRs prohibit the ambiguous commercial practices either by action or omission. Ambiguous practices occurs when the trader:
    • Insufficient information regarding the product,
    • Ambiguous information regarding the prices of the products by the trader,
    • False description been made regarding the product,
    • Fake advertisement and display of product been made,
    • Ambiguous labeling on the products

There are three types of ambiguous actions been specified by CPRs:

  • Creation of confusion regarding the competitor’s product, trade names, or trademark.
  • False information made in order to create an illusion for consumer, is considered to be as a general ambiguous act.
  • Third misleading action can be explained as, when a trader fails to fulfill with the firm and supportable commitment in a manner in which he is supposed to do it (Office of Fair Trading, 2008).

Calculate the amount of employer responsibility in the fortification of consumers

The involvement of employers in the unfair trade practices will make them liable against consumers. When an employer fails to take customary skills care and skills that a prudent person would have taken in that situation will be consider as an unfair practice.

Responsibilities to be fulfilled by the employer:

  • For the purpose of proving carelessness on the part of trader regarding the breach of general prohibition evidence is required.
  • To maintain a check for the imposition of CPRs, lays upon the Office of Fair Trading, the Local Authority Trading Standards Services, and (in Northern Ireland) the department of Enterprise, Trade and Investment, using the most suitable means.
  • If there would be any violations a criminal prosecution can be brought by the above mentioned authorities.
  • If it is been proved by the trader that all the reasonable precautions has been taken to avoid the wrong then there is a defense available in this situation that the act was beyond the traders’ control, hence criminal charges could be avoided.
  • The concerned authority of the guilty company could be sentenced to imprisonment for two years or fine with no bar or both as the court deems fit (Oou-Law.com, 2010).

Prepare and substantiate a strategy for ensuring that all aspects of weights and measures implemented

Alterations in pre-packaged wines law:

Products sold according to volume

Still wine: On the interval from 100 ml to 1,500 ml only the following eight

Nominal quantities: 100 ml — 187 ml — 250 ml— 375 ml — 500ml — 750 ml — 1,000 ml — 1 500ml

Yellow wine: On the interval from 100 ml to 1,500 ml only the following

Nominal quantity: 620 ml

Sparkling wine: On the interval from 125 ml to 1,500 ml only the following five

Nominal quantities: 125 ml — 200 ml — 375 ml — 750 ml — 1,500 ml

Liqueur wine: On the interval from 100 ml to 1 500 ml only the following seven

Nominal quantities: ml: 100 ml — 200 ml — 375 ml — 500 ml — 750 ml — 1,000 ml— 1,500 ml

Aromatised wine: On the interval from 100 ml to 1 500 ml only the following seven

Nominal quantities: 100 ml — 200 ml — 375 ml — 500 ml — 750 ml — 1,000 ml — 1,500 ml

Spirit drinks: On the interval from 100 ml to 2,000 ml only the following nine

Nominal quantities: 100 ml — 200 ml — 350 ml — 500 ml — 700 ml — 1,000 ml — 1,500 ml — 1,750 ml — 2,000 ml

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