Unit 23 Law for Licenced Premises

Unit 23 Law for Licenced Premises

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Task-1 Understand the effects of licensing legislation
Task-2 Understand the processes that can effectively protect your guests and staff
Task-3 Understand the implications of health, safety and hygiene legislation
Task-4 Understand the legislation responsibilities of employers in relation to staff

M23 Law for Licensed Premises|
Task 1: Manager’s Guide to Licensing Legislation|

* Different Types of Licences
* Off-Licence
* On-Licence
* Club
* Special Locations
* Events
* Differences between Personal licence and Premises Licence UK/NZ * DPS – (Designated Premises Supervisor)
* Procedures for Licence applications UK/NZ
* Usability of guidelines on the conduct of licenced premises for use of staff * Policy for legislation in relation to alcohol measures/ weights

Hospitality Managers Guide to Licencing Legislation
Off-licence premises
This licence authorises you to sell, supply, and deliver liquor for consumption off the premises, and the supply of complementary samples of liquor on the premises. A typical example of a business with an off-licence liquor licence is a supermarket, wine store or bottle shop. Only complementary samples of liquor can be consumed on the premises, no other drinking on these premises is allowed.  On-licence premises

This licence authorises you to sell, supply, and deliver liquor for consumption on premises or conveyances, and the supply of complementary samples of liquor on the premises. A typical example of a business with an on-licence liquor licence would be a restaurant or bar. Once you have made your application, it takes approximately 20 working days for Auckland Council to process your application. You should include all supporting information and documentation, particularly planned usage of floor areas for ALL buildings on site, proposed or existing opening hours and parking requirements for each activity on site. Club

A club licence authorises a club to sell and supply alcohol for consumption on club premises. Alcohol can only be supplied to club members, their guests and members of clubs with reciprocal visiting rights. All clubs:

* must have a secretary, and
* proceeds from the sale of liquor must belong to the club.

Before you apply for your club licence, you will need to first obtain building and planning certificates of compliance. There must be a person with a current manager's certificate on duty at all times when liquor is being sold or supplied to the public. Please note that Temporary Authorities cannot be granted to club licenced premises. Special locations

A special licence is required if you want to sell and supply liquor on a premises or conveyance (e.g. boat, train). A typical example of a business with a special licence would be a bar on board a vessel that makes harbour cruises around the Waitemata. Events

A special licence is required if you want to sell and supply liquor at an occasion or event (or series of occasions or events). A typical example of an event that requires a special licence would be a food and wine festival. To obtain a special licence for an event you must confirm that you are holding an event that fits one or more of the following criteria: * private function

* sporting event
* wine tasting
* bus trip
* social gatherings in public venues where access to the public is not restricted * party on hired premises where alcohol is being sold and supplied * an event where tickets are being sold.

The holder of the special licence must control the liquor at the event and must ensure that statutory responsibilities under the Sale of Liquor Act 1989 are observed. There are also a number of variations for events, which are explained below: (What type of business, organisation, or event needs a liquor licence) Difference between Personal and Premises Licence

* Premises Licence
A premises licence is necessary if you want to provide licensable activities to members of the public. In addition, if one of those licensable activities is the supply of alcohol, you will also need a personal licence. * Personal Licence?

Any person over the age of 18 years, who possesses an accredited licensing qualification, who has not forfeited a personal licence within five years prior to making an application for a personal licence and has not been convicted of any relevant or foreign offence. UK Licence

Personal Licences
Before you can apply for a Personal Licence to sell/supply alcohol, you will need to have passed the Award for Personal Licence Holders (APLH) examination. This used to be called the National Certificate for Personal Licence Holders (NCPLH) and it changed its name in April 2011. Under the Licensing Act 2003, local councils (district or unitary) regulate four 'licensable activities': * the sale of alcohol

* the supply of alcohol (ie, in a members' club)
* the provision of regulated entertainment
* the provision of late night refreshment (ie, after 11pm) Licensing authorities must carry out their functions with a view to promoting four statutory licensing objectives: * prevention of crime and disorder

* prevention of public nuisance
* public safety
* protection of children from harm

There are three different kinds of authorisation under which licensable activities can be provided: * premises licence: to use a premises for licensable activities, subject to conditions on the licence * club premises certificate: to allow a members' club (working men's club/political club) to engage in qualifying club activities, subject to conditions on the certificate * temporary event notices (TENs): enable the user to carry out licensable activities without other authorisation.  (Office)

* What is a DPS?
DPS is short for designated premises supervisor. If you are supplying alcohol under a premises licence then you can only do so if there is a DPS named on your licence. It is an offence to supply alcohol without a DPS named on the premises licence. * Can I be a DPS at more than one premises at a time?

The Licensing Act 2003 allows for a person to be DPS at multiple premises. However, you will need to decide whether, in practice, this is viable since a DPS is, by definition, the person who is in day to day control of the premises. (James)

Process for NZ Licence Application
* Three copies of the completed application form plus all documentation. * Planning certificate.
* Building certificate.
* Owner's permission (in writing).
* A copy of the certificate of incorporation (if applying in a company name). * A copy of the floor plans of the premises.
* Plans which highlight the areas that are restricted or supervised and the principal entrance. * A location map showing the site.
* A copy of the menu.
* A copy of your host responsibility policy.
* A photo showing the principal entrance.
* A letter of authorisation for the consultant (if you are using a liquor licensing consultant to make the application on your behalf). * Two public notices (which must be placed in the newspaper once the application for the on-licence has been lodged with the District Licensing Agency and not before). * Copies of each General Manager’s Certificate for those nominated to manage the premises. Processing your application

It will take approximately 20 working days for Auckland Council to process your application. Within 10 days of lodging your application, you are required to place a notice of your application in a conspicuous place on or adjacent to the site. Within 20 days of lodging the application, you are required to place two public notices in your local paper, e.g. New Zealand Herald. During this time the District Licensing Agency and possibly the Liquor Licensing Authority will: * Assess your application including:

* suitability of the applicant
* days on which and the hours during which liquor will be sold * areas of the premises, if any, that the applicant proposes should be designated as restricted areas or supervised areas * steps proposed to be taken by the applicant to ensure that the requirements of the law in relation to the sale of liquor to prohibited persons are observed such as not serving alcohol to minors and intoxicated people * Whether the applicant is engaged, or proposes to engage, in:  (i) the sale or supply of any other goods besides liquor; or (ii) the provision of any services other than those directly related to the sale or supply of liquor, and, if so, the nature of those goods or services. * Forward your application to the following reporting agencies: Police.

Public health.Unit 4 Marketing principle
Liquor licensing inspector.
* Send an inspector to visit and inspect your premises and assess your host responsibility arrangements against what you have stated in your application. * Make a recommendation based on the inspector’s report and any objections received to either grant or oppose your application.  * If the recommendation is to grant your application and this is agreed by the Secretary of the District Licensing Agency then your licence will be granted. You will receive a Liquor Licence certificate by mail and you must display this by the principal entrance to your premises.     * If your application is opposed, you will receive a report explaining the reasons and your application will be forwarded to the Liquor Licensing Authority. You may be required to attend a hearing and give evidence. This will also increase the amount of time it takes to process your application and does not guarantee your application will be granted. (Application process)

Current Legislation
The Sale of Liquor Act 1989 - Sale of Liquor Act
The Sale of Liquor Act 1989 is the law governing the sale and supply of alcohol in Aotearoa New Zealand. Object of the Sale of Liquor Act
"to establish a reasonable system of control over the sale and supply of liquor to the public with the aim of contributing to the reduction of liquor abuse, so far as that can be achieved by legislative means." (Sale of Liquor Act)

Host Responsibility Policy global information system

The Management and staff of Café Fusion believe that we have a responsibility to provide an environment that not only is comfortable and welcoming but is also where alcohol is served responsibly. Because of this the following Host Responsibility policy has been implemented.

* Customers who are visibly intoxicated will not be served alcohol, will be asked to leave the premises and will be encouraged to take advantage of safe transport options. * It is against the law to serve minors. If we are in doubt as to your age, we will ask for I.D, Acceptable forms of proof of age are NZ photo drivers licence, HANZ 18+ card or a current passport. * A good range of food is always available (as well as substantial meals). Menus are visible at all times. * We provide and actively promote a range of low-alcohol and non-alcoholic drinks, including Amstel light, Light Ice and Steinlager Premium Light, fruit juices, soft drinks, tea and coffee. Cold water is available free of charge at all times. * We will promote transport options to get you home safely. * We will encourage more people to have a designated driver. We will make the driver’s job more attractive by providing an interesting range of low-alcohol and alcohol-free drinks. * We will make sure all these services are well promoted and will display signage required under the Sale of Liquor Act. * We will maintain a training and management policy to give out staff the skills and support they need to do their job responsibly. * Please be our guest and take advantage of the services we offer. Host Responsibility makes sure that everyone has a good time and leaves in a safe shape for the road home. It could save our licence, and it could save your life. We pride ourselves on being responsible hosts.

Aleesha Wright (Management)

Application process. (n.d.). Retrieved March 18, 2013, from http://www.aucklandcouncil.govt.nz: http://www.aucklandcouncil.govt.nz/EN/LICENCESREGULATIONS/LIQUOR/Pages/applicationprocess.aspx James, H. (n.d.). http://www.hughjames.com. Retrieved March 18, 2013, from Licensing frequently asked questions: http://www.hughjames.com/services/services_to_businesses/licensing_solicitors/licensing_faqs.aspx Office, H. (n.d.). www.homeoffice.gov.uk. Retrieved March 20, 2013, from Home Office - Licencing Act 2003: http://homeoffice.gov.uk/drugs/alcohol/licensing-act-next-steps/ Sale of Liquor Act. (n.d.). Retrieved March 18, 2013, from http://www.alac.org.nz: http://www.alac.org.nz/legislation-policy/sale-liquor-act What type of business, organisation, or event needs a liquor licence. (n.d.). Retrieved March 18, 2013, from http://www.aucklandcouncil.govt.nz: http://www.aucklandcouncil.govt.nz/EN/licencesregulations/liquor/Pages/whoneedsaliquorlicence.aspx