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AB460H23 Law For Licensed Premises University

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Write a report based on a licensed premise of your choice. You must include a brief introduction of the premises and discuss a range of Laws that apply to that organisation by answering the following questions.

Assess the consequences of providing consumer with misleading information.

Evaluate the extent of employer liability in the protection of consumers.

Plan and justify a policy for ensuring that all aspects of weights and measures legislation are implemented.

Discuss the key components of a range of regulations .

Discuss the duties and responsibilities associated with the management of licensed premises .

Evaluate the impact of food safety and hygiene legislation

Justify the responsibilities of employer in the employment of staff .

Discuss the key aspects of discrimination legislation .

Answer:

Introduction

The law of licensed premises aims to protect the property of a person (Gov.uk 2018).  Tangible as well as intangible properties are covered within the purview of Laws of licensed premises. Shops, buildings or other types of premises which are licensed by significant and relevant authorities for the purpose of conducting any commercial activity can be termed as licensed premises. It can be mentioned that licensing of premises is done to prevent any criminal, illegal activity and public nuisance. Such licensed premises carry on their activities by deriving permission   from the regulatory authority. In this report the a description the law of licensed premises which are specifically related to bars and Casino will be provided. For the purpose of discussing the law of licensed premises, Aspers Casino which is based in United Kingdom has been chosen.  This report will elaborately discuss the roles and responsibilities of management of such bars and casinos, the procedure of licensing, consequences of providing customers with misleading information, key components of regulations governing the activities of the chosen licensed premises, impact of relevant food safety and hygiene legislation and the relevant discrimination legislation which is appropriate in the chosen licensed premises.  It can be mentioned that a license is required to be acquired by a premises if such premises engages in serving or supplying alcohol. A small bar license can be acquired by any premises which serves liquor up to 60 patrons. Personal license can be defined as the portable license which is required to be acquired by the person who engages in selling alcohol in the aforementioned type of premises. Since Aspres Casino exists for the purpose of providing entertainment to people and allows people to gamble in addition to serving alcohol Aspers had been required to apply to the gambling commission for a gambling license. The Gambling commission of UK acts as the regulatory and licensing authority which regulates the operations all gambling institutions. According to the Licensing Act 2003 every premise which provides entertainment to its patrons must acquire a Club Premise License (Legislation.gov.uk 2018). The same had to be acquired by Aspers as it provides entertainment in the form of gambling to the people.

Assessing the consequences of providing consumers with misleading information


The Consumer Protection from Unfair Trading Regulations 2008 (CPR) states and controls the unfair trade strategies and practices that are used by traders while dealing with consumers. This is also applicable in the chosen type of licensedpremises (Legislation.gov.uk. 2018). The aforementioned act imposes criminal charges on traders who breach such terms of fair trade as stated by the regulations. This regulation specifically prohibits misleading actions and misleading omissions which are likely to adversely affect the decision of the consumers. Decisions taken under the influence of misleading actions of traders are considered to be those which would not have been by them in the absence of such misleading conduct.  The Consumer Protection from Unfair Trading Regulations 2008 (CPR) s has categorized and specifically prohibited the four types of unfair trading practices as enumerated below:

  • Trade practices which are prohibited in all circumstances
  • Misleading omissions and actions
  • Aggressive practice
  • General duty of traders to trade fairly

There are several remedies that are available to consumers who have been victims of unfair trade practices.  Such consumers are allowed the right to unwind. The right to unwind allows consumer to undo or rescind a contract and be put back in the position such consumer would have been in the absence of such unfair trade practice. However for consumers to unwind a contract, they must reject goods and services acquired by them within a period of 90 days(Legislation.gov.uk 2018). The right to unwind, however is not applicable in all scenarios.  Consumers are entitled with the right to unwind the goods or service purchased has been fully consumed.

Consumers are entitled to receive a discount as well as damages if they have been victims of unfair trade practices. Right to discount applies when the goods or services acquired under influence of unfair trade practices have been consumed. Right to damages is available to consumers if they suffer a loss which exceeds the price of the goods or services purchased.

The aforementioned casino can also face penalties, if it breaches any of the provisions of (CPR). A breach of any of the provisions of CPR is a criminal offense which has a maximum penalty of two years of imprisonment along with a fine.

Responsibilities and Duties of management in relation to management of licensed premises

It can be stated that the management of the licensed premises have certain duties and responsibilities to the customers. Some of the key responsibilities and duties include:

  • Strictly complying with the provisions of common law while conducting business within the licensed premises
  • Assessment of the risks in order to prevent injuries to the customers and the staff in future events
  • It is the duty of the management to work as per the directions of the owner of such licensed premises or any designated supervisor.
  • Refrain from providing deceptive and misleading information to the customers
  • It is the liability of the management to supervise and monitor the acts of the subordinate

Extent of employer liability in the protection of consumers

It can be mentioned that employers have the obligations to conduct duties in an appropriate manner in order to prevent any risk or harm to the consumers. The primary responsibility of the employers is to provide protection to the consumer while such consumer is present in the licensed premises.  Employers of the chosen type of licensed premises are required to maintain the quality of the goods of services to be provided to the consumers. They are also responsible for changing fair prices to the consumers for goods and services provided to such consumers. It can be mentioned in accordance with the Consumer Protection Act that employers are to be held liable for the misconduct that occurs in the licensed premises.  Further in relation to the Consumer Protection Act it can be said that key information regarding quantity, quality and statutory warning must be provided to the consumer by the employer (Legislation.gov.uk  2018). An employer of a casino must ensure that the rights of the workers who work in late nights shifts are protected and they are not made to work extra hours according to the Working Time Regulations 1998 (WTR) (Legislation.gov.uk 2018). An employer must ensure that a night worker does not work for a time period of not more than 8 hours in each 24 hours at a stretch for 17 week period.  It has to be ensured by an employer that a night worker who is employed in the gaming industry which includes casinos is entitled to free health assessment prior to starting the employment and at regular intervals during the course of employment. Not complying with the WTR, dismissing an employee unfairly and victimizing an employee for reporting a complaint related to non compliance of WTR could make the employer face a tribunal claim for breach of the regulations. The employers under the Health and Safety Act 1974 have the responsibility of providing the workers with a safe work place (Legislation.gov.uk 2018). The employers must carry out assessment for identifying health of female workers who are of the child bearing age.

Planning a policy to ensure that all aspects of the legislation are implemented

Several policies have been devised by the law to ensure that all aspects of legislation are properly implemented in the licensed premises. As discussed before employers are required to ensure that they comply with the relevant legislations and customs while conducting business. Employers of casinos must ensure that the staff of the Casino does not indulge in Unfair trade practices which are prohibited by the Consumer Protection from Unfair Trading Regulations 2008 (CPR). They must not mislead the customers and use aggressive practices for forcing them to gamble. They must not hide or omit any material facts from the customers which could likely affect the decision of such customer. It is also important to state that employers of gambling institution are required to comply with al the provisions as provided in the Gambling Act 2005.  Such employers must ensure that no fraudulent and gambling related offenses are committed in the licensed premises. The employers must ensure that the licensed premises is used for the purposes as provided in section 37 of the Gambling Act 2005.  The employer of gambling institution which has been licensed for that purpose must ensure and formulate a policy which restricts the entry of a young person into the premises. It can be stated that invitation of a young person to gamble is a an offense under section 46 of the Gambling Act 2005 (Legislation.gov.uk 2018).  It can be stated that a young person commits an offense when such person engages in the act of gambling. The employers of gambling institutions must ensure that the rights of the late workers in the employees are protected under the WTR. The policy to be drafted by the employer must also have the relevant provisions of Health and Safety Act 1974 (Legislation.gov.uk 2018). Further it can be stated that the clauses regarding the policies to be implemented by the employer of gambling institutions have been provided in Weights and Measures (Packaged Goods) Regulations Act 2006(Legislation.gov.uk 2018). The aforementioned act has been established for controlling the quality of packaged goods. This policy can be implemented by the employer as such policy informs the consumers about the products that are consumed by them. 

The key components of a range of regulations

The main components of the range of regulations in the licensed premises of the chosen type are the following:

Safe Working environment- All the hotels, clubs and Bars which have more than five employees are required to have a policy of safety of the customers. All the employees employed in such bar, club and hotels must be informed and about the policy so that such policy can be implemented and the safety of the customers is ensured. Such policy of safety of the customers must contain arrangements for emergency situations, maintenance of equipment to cope with hazardous situations and procedures for reporting accidents (Hse.gov.uk. 2018). In addition to all of this employers of such types of licensed premises must provide training to the staff about disaster management. Such employers of licensed premises must make first aid arrangements.

Noise- The control of Noise at the Work Regulations act came into effect on sixth April 2006. The basic objective of the act was to ensure that the staff employed in the workplace is not exposed to excessive loud noise which might impair their hearing ability and might cause permanent ringing in their ears (Legislation.gov.uk 2018). Employers must not expose employees to any noise which is louder than 85 decibels.

Emergency Services- Having proper emergency services are mandatory for every type of premises. The organization in consideration must check at regular intervals whether the emergency services  are functioning properly. Organizations must ensure that exit doors are opening properly, fire alarm is in a working condition and whether fire extinguisher is in place and working properly. Emergency services although are not used in day to day operations but are instrumental in ensuring the safety of the customers and the staff within the organization. It can be noted that efficient planning is instrumental in emergency management. Planning for emergencies is essential for avoid hazards which might affect any hotel, restaurant or pub. Examples of such hazard include hotel fires. Effective emergency planning also hed the management to identify the crisis warning signals. It can be stated that licensed premises such as hotels, bars, pubs and restaurants have been identifies as high risk buildings due to the presence of inflammable materials. There is also a high chance of the fire spreading to the neighboring building. It has been assessed that concentration of guests in a particular area makes it difficult for the building authorities to evacuate the building quickly, therefore having many emergency exit doors is important to reduce the concentration of people in one particular place.


Hygiene and disclosure procedure- It can be stated that all hotels, restaurants, pubs and casinos are required to provide a safe and hygienic environment to the staff as well as the customers. The occupiers liability act makes it mandatory for the specific types of licensed premises in consideration to take measures so as to prevent any possibility of harm to be caused to the customers or the staff.

Good Quality of food- General Food Law Regulations (EC) 178/2002 makes it mandatory for business to comply with the regulation which govern the safety  of the food, traceability of the food, recall any food that is unsafe for health. It can be stated in accordance with the provision as provided in Article 16 every business organization must the food served must be labeled properly and the advertisement of the food must not be deceptive and misleading. Further article 14 of the aforementioned convention states that every business organization is prohibited to place unsafe foods in the market which are considered to be injurious to the health of the customers and are unfit for consumption.  Article 19 of the aforementioned Regulations imposes an obligation on the food business to recall any food it the same does not comply with the provisions as provided in article 14 regarding the food safety requirements. It can be stated that the aforementioned articles of the General Food Law regulations must comply with the Food Safety Act 1990 (Legislation.gov.uk 2018).

Health and Safety at the work place- According to the Health and Safety at Work Act 1974 Employers are required to take steps to ensure the health and safety of the employees as well as the general public (Legislation.gov.uk 2018) . Employers according to this act must also provide electrical safety. The employers must appoint electrical inspectors to inspect if any electrical defects exist in the workplace and therefore avoid any accidents that might occur due to the electrical defects.

Display Regulations- An employer must protect the employees who work with display screen equipments from health risks due to being exposed to such display screens for long hours. Examples of such display screen equipment include computers, laptops, smart phone and tablets. The health and safety (Display Screen Equipment) Regulations 1992 are applicable to workers who use such display screen equipment at a stretch for more than one hour (Hse.gov.uk 2018). For the purpose of ensuring that the workers who use such display screen equipments are exposed to health risks, employers must conduct a Display Screen Equipment assessment in the workplace. Such employers must make sure that employees who work with display screen equipment take breaks so as to reduce the risks associated with it. Employers must also provide eye tests if it is asked for by the employees. It can be noted that in the chosen type of licensed premises employees are likely to work on such display screen equipment and therefore complying with the (Display Screen Equipment) Regulations 1992 is a must.

Impact of food safety and hygiene legislation

The government authority, The Food Standards Agency in the United Kingdom is in charge of the hygiene and safety of food in the country (Gov.uk, 2018). The aforementioned department aims to work with the business organizations which serve food to the customers such as restaurants, pubs and clubs and assist them in producing safe food. The department of Food Standards Agency in the United Kingdom also aims to assist the local authorities for the purpose of enforcing the food safety regulations. The aforementioned department makes it mandatory for the businesses which serve food to the customers to file documents to the food safety management systems.    

Responsibilities of employer in the employment of staff

An employer is responsible for ensuring the health and safety of the employees in the workplace. It is the duty of the employers to minimize the risks of the harm and hazards in the work place so as to provide a safe working environment to the employees (Supanti, Butcher and Fredline 2015). In the chosen type of licensed premises, the employees are likely to be exposed to the health risks therefore, such employees must be provided with protective equipments for free. Casinos generally stay open till late, therefore the staff are required to work till late night. The employers of such type of licensed premises are therefore required to provide the workers with remuneration for working overtime, free health checkups and safe transportation. An employee should not be forced to work in a working condition which such employee does not feel safe. It is also the responsibility of the employers to provide training to the employees. The Employers must listen to the health concerns of the employees and if they choose to ignore to do so, the employees have the right to contact the local authority in charge of implementing the health and safety standards. It is the responsibility of the employers to fix the salary of the employee in compliance with the national Minimum wage. Employees should be given annual aid holidays and should be given at least one day leave in a week.

Key aspects of discrimination legislation  

It is the responsibility of the employers to treat all the employees equally. They should give equal opportunities of employment to all the employees and should not discriminate any employee on the basis of race, case, gender, disability, sex or age. Workplace discrimination has been prevented in the workplace by the Equality Act 2010 (Legislation.gov.uk. 2018). The purpose of the Equality Act is to codify the numerous arrays of regulations and acts which governed the anti discriminatory laws in the United Kingdom. Thus it can be stated that in the chosen type of licensed premises employers must not discriminate among employees and must provide them with equal employment opportunities. They should be free from any biasness or prejudice towards any employee.

Conclusion

Thus to conclude, it can be stated that a wide range of laws and regulations are applicable on the chosen type of licensed premises, casino. The Casino must not indulge in unfair trade practices and must uphold the principles of Corporate Social Responsibility. Such type of licensed premises must not provide its customers with false or misleading information as per the provisions of Consumer Protection from Unfair Trading Regulations 2008 (CPR). This regulation specifically prohibits misleading actions and misleading omissions which are likely to adversely affect the decision of the consumers. Decisions taken under the influence of misleading actions of traders are considered to be those which would not have been by them in the absence of such misleading conduct. Employers are required to ensure that they comply with the relevant legislations and customs while conducting business. Employers of casinos must ensure that the staff of the Casino does not indulge in unfair trade practices which are prohibited by the Consumer Protection from Unfair Trading Regulations 2008 (CPR). The employers must ensure that the licensed premises are used for the purposes as provided in section 37 of the Gambling Act 2005. Some of the key components of the range of regulations include Safe working environment, noise, emergency services, hygiene and disclosure procedure, Good quality of food, health and safety of the workers and display regulations. Employers of the casino must ensure that food served by them is in compliance with The Food Standards Agency. The employer has certain responsibilities to their employees and must not discriminate any employee on the basis of the grounds as provided in Equality Act 2010.

Reference List:

Legislation.gov.uk. (2018). Licensing Act 2003. [online] Available at: https://www.legislation.gov.uk/ukpga/2003/17/contents [Accessed 17 Apr. 2018].

Legislation.gov.uk. (2018). The Consumer Protection from Unfair Trading Regulations 2008. [online] Available at: https://www.legislation.gov.uk/ukdsi/2008/9780110811574/contents [Accessed 17 Apr. 2018].

Legislation.gov.uk. (2018). Consumer Protection Act 1987. [online] Available at: https://www.legislation.gov.uk/ukpga/1987/43 [Accessed 17 Apr. 2018].

Legislation.gov.uk. (2018). The Working Time Regulations 1998. [online] Available at: https://www.legislation.gov.uk/uksi/1998/1833/contents/made [Accessed 17 Apr. 2018].

Legislation.gov.uk. (2018). Health and Safety at Work etc. Act 1974. [online] Available at: https://www.legislation.gov.uk/ukpga/1974/37 [Accessed 17 Apr. 2018].

Legislation.gov.uk. (2018). Gambling Act 2005. [online] Available at: https://www.legislation.gov.uk/ukpga/2005/19/contents [Accessed 17 Apr. 2018].

Legislation.gov.uk. (2018). The Weights and Measures (Packaged Goods) Regulations 2006. [online] Available at: https://www.legislation.gov.uk/uksi/2006/659/contents/made [Accessed 17 Apr. 2018].

Legislation.gov.uk. (2018). The Control of Noise at Work Regulations 2005. [online] Available at: https://www.legislation.gov.uk/uksi/2005/1643/contents/made [Accessed 17 Apr. 2018].

General Food Law Regulations (EC) 178/2002

Gov.uk. (2018). Premises licence (England and Wales) - GOV.UK. [online] Available at: https://www.gov.uk/premises-licence [Accessed 17 Apr. 2018].

Legislation.gov.uk. (2018). Food Safety Act 1990. [online] Available at: https://www.legislation.gov.uk/ukpga/1990/16/contents [Accessed 17 Apr. 2018].

Hse.gov.uk. (2018). Working safely with display screen equipment - HSE. [online] Available at: https://www.hse.gov.uk/msd/dse/ [Accessed 17 Apr. 2018].

Gov.uk. (2018). Food Standards Agency - GOV.UK. [online] Available at: https://www.gov.uk/government/organisations/food-standards-agency [Accessed 17 Apr. 2018].

Legislation.gov.uk. (2018). Equality Act 2010. [online] Available at: https://www.legislation.gov.uk/ukpga/2010/15/contents [Accessed 17 Apr. 2018].

Supanti, D., Butcher, K. and Fredline, L., 2015. Enhancing the employer-employee relationship through corporate social responsibility (CSR) engagement. International Journal of Contemporary Hospitality Management, 27(7), pp.1479-1498.

Hse.gov.uk. (2018). Workers' health and safety. [online] Available at: https://www.hse.gov.uk/workers/ [Accessed 17 Apr. 2018].

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