Assignment for Law for licensed premises

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January 10, 2016 Uncategorized

Law for licensed premises

Table of Contents

Introduction. 3

Task 1: Understand the effects of licensing legislation. 4

1.1 Different types of licensed premises and advice on what kind of premises would be best option and why? 4

1.2 Difference in personal and premised licenses. 4

1.3 Compare and contrast the application procedure for premise license for JP and personal license for Stella 5

1.4 Carryout a full assessment of the guidelines on the conduct of licensed premises for use by staff. 6

Task 2: Understand the processes that can effectively protect your guests and staff 7

2.1 Assess the consequences of providing consumers with misleading information. 7

2.2 Evaluate the extent of employer liability in the protection of consumers. 7

2.3 Plan and justify a policy for ensuring that all aspects of weights and measures legislation are implemented. 8

LO3: Understand the implications of health, safety and hygiene. 10

3.1 Discuss the key components of a range of regulations. 10

3.2 Discuss the duties and responsibilities associated with the management of licensed premises. 11

3.3 Carry out a detailed risk assessment for one type of licensed premises. 11

3.4 Evaluate the impact of food safety and hygiene legislation. 12

LO4: Understand the legislative responsibilities of employers in relation to staff. 13

4.1 Justify the responsibilities of employers in the employment of staff 13

4.2 Discuss the key aspects of discrimination legislation. 13

Conclusion. 14

References. 15


The present report is aimed at discussing the law pertaining to the licensed and personal premises. There is requirement for the license for hotels in order to sell the alcohol from the local authority. In England, Wales and Scotland there are two categorizes for the licenses i.e. personal license and premised license. There would be right given to the hotel for selling alcohol in premised licenses and personal license is given to the designated premise supervisor. Personal license given for the sales of alcohol allows a person to supervise the consumption and sales for the alcohol and would be valid till 10 years. Current report also highlights the expected conduct from the staff and in case of any aggressive or misleading activities done by seller they can be held liable for the unfair trade practice. Hence it would be important for the hotel & food business owners to ensure that fair work practice are adopted by them to comply with the rules & regulations for safety, notification for food safety, withdrawing unsafe food and traceability etc.

The first scenario relates with working and helping in decision making for food and beverage manager in four star Maverick Hotel in heart of London which needs to own a premised license for sale of alcohol along with the gaming and music facility to the consumers. The scenario for second task relates with development of training module for Khaliff hotel in order to improve upon the employee relation and customer service. Third scenario deals with the development of training manual for health, safety and hygiene module. Final scenario for the current paper deals with the development of training module for the human resource manager for the new recruits.

Task 1: Understand the effects of licensing legislation

1.1 Different types of licensed premises and advice on what kind of premises would be best option and why?
For the present context of the four star hotel there would be requirement of the premised license for sales of alcohol from local authority and there would be two kinds of licenses which are premised license and personal license.

The premised license is offered by the local authority in UK for consumption and sales of alcohol. Personal license also needs to be obtained by the designated premise supervisor who would supervise the sales and consumption of alcohol. For England and Wales, there is separate alcohol licensing law which regulates the consumption and sales of alcohol. There is restriction over sales of alcohol in various premises such as shops, restaurants, pubs and other premises in UK. In UK, for working in the bar under customer facing role it is important to have the licensed premises apprentice for various premises such as hotels, restaurants, club premises, leased premises and managed houses etc.

For open restaurants, there would be requirement for the registration so that they can operate in legally permissible jurisdiction. Federal business license needs to be obtained by the small business administration as these are governed by the federal business agencies such as interstate transport of plants & animals. A tenancy would be known as assured short hold tenancy when it fulfils below conditions:

There should be private landowner
Tenant should occupy the accommodation
Property owner should not reside in the property
Hotels offering alcohol should obtain the license and must comply with the Licensing Act 1964 so as to ensure restaurant & residential license.

1.2 Difference in personal and premised licenses
Some of the key differences in the personal and premised licenses are given as under:

Premised license Personal license
A premised license would allow the hotel to consume and sale the alcohol, make provisions of the regulated entertainments and refreshments Personal license would be required by the personnel who are responsible for sales of alcohol
Any of the activities such as film events, recorded music, supplies alcohol, gaming activities, provide hot food, indoor sporting events or live music then premised license would be required (, n.d.) Personal license would be required by the person who is responsible for the sales of alcohol and would be named as designated premise supervisor. In addition to this licensing educational qualification needs to be obtained from British Institute of Innkeepers (BIIAB) or Educational Development International (EDI)
Fee for this license is £100 to £635 Fee for this license is £37 (, n.d.)
Premised licenses are valid till the business lasts Personal licenses were earlier valid for a period of 10 years but now they have been extended by UK government up to lifetime until it is revoked
There is a relationship between the two licenses as the business owners having premised license for sales of alcohol then they would also have to get the personal license as well. For the present context of four star hotel it would be mandatory to obtain the premised as well as personal license. Premised license would give them right for the gaming, music and alcohol selling activities while personal license would give rights to the person authorized to supervise sales and consumption of alcohol.

1.3 Compare and contrast the application procedure for premise license for JP and personal license for Stella
Stepwise comparison for the application procedure for the premise license of JP and personal license for Stella can be given as under:

Application procedure for Premise license Application procedure for personal license
1. The first step would be to obtain a application form and provide all necessary information regarding premises and activities 1. Application form needs to be duly filled
2. Consent form needs to be filled which would give consent for the personal license for appointing designated premise supervisor 2. Declarations and conviction declarations needs to be duly filled
3. Original application form along with the fee needs to be submitted in council 3. Criminal conviction certificate to be submitted in original
4. Completion of application form needs to be advertised for continuous 28 days 4. Original document verifying the fact that the licensee applying for personal license is having the required qualification
5. Licensee can be now act as designated premises supervisor and this license would work for life until it is revoked
Table 2: Showing the differences between application procedure of premise license and personal license

1.4 Carryout a full assessment of the guidelines on the conduct of licensed premises for use by staff.
The guideline for the conduct of licensed premises for JP to be used by staff can be given as under:

Staff should avoid any risk or harm on the health due to any kind of incident of unsafe handling
Staff should be trained properly in order to comply with health & safety guidelines
Training regarding drugs needs to be provided to the staff as well
Staff should pay high attention towards every activity and should report to police for any suspicious activities observed
Overcrowding in the premises can be avoided by staff by knowing premise capacity, controlling movement of patron, developing positive counting system for patron and auditing the counting system for offering suggestions for improvement
Cleaning staff should be given the responsibility for illuminating different parts of premises in case of any emergency
Hotel staff should know food safety regulations, electricity problems & noise level, screen equipment display, report for injuries and reporting of disease etc
Task 2: Understand the processes that can effectively protect your guests and staff

2.1 Assess the consequences of providing consumers with misleading information
Misleading information is said to be provided by a trader when the information provided is untimely, ambiguous, unintelligible, unclear and do not provide the understanding that the purpose was to make a commercial transaction. Aggressive practice are said to be adopted when it involve undue influence for forcing consumer to take distinct decision, coercion which may involve physical force and impairing freedom of customer through harassment.

Unit 29- Health promotions

There can be three ways in which misleading information is provided to the consumers. Firstly, false and deceiving information that is the most common among the misleading information ways. Second way can be through identical products, trade name and features that confuse consumers to make proper decision and third through violation of organization’s code of conduct. Consumer protection against unfair trade regulation act 2008 would be applicable when consumer is mislead with fake pricing, insufficient information or inaccurate labels etc. This act prohibits traders to involve in such activities by offering wrong information or through omission of information.

There have been several instances faced wherein private law was not able to redress the problems faced by the consumers and in such cases a simple law was required which can reduce the complexities between civil and criminal laws. The Clear law compliments public regulations for the commercial trade practice which prohibits wrong behavior from traders. The Clear law supports the competitive markets by developing the confident consumers. Due to failure of Unfair trade regulation act 2008, comprehensive private right of redress has been introduced so as to safeguard consumers against any breach of trade practice from traders. Limited private right of redress provide right of redress for the consumers against the unfair trade practice towards entering into contract or making payment. These reforms would be helpful in order to resolve the issues faster and with lesser business cost.

2.2 Evaluate the extent of employer liability in the protection of consumers.
In case the trade practices are unable to meet the professional diligence then these would be known as unfair practice. Since unfair trade practice affect the consumer’s buying decision so it is important to comply with the consumer protection from unfair trade practice by the sellers. Consumer’s should be provided with the accurate information and in case the business target the specific group then the average consumer should be a average member for that specified targeted customer group (Out-law, 2014).

Employer would be held liable for protecting consumers against any unfair trade practices and the standard of care shown by employer should be similar to what a person should have shown the care in similar situation. Some of the major liabilities for employer for protecting consumers can be given as under:

Theories and concept of human development and behavior

Applying promotional techniques

Business law

Traders are supposed to adopt appropriate means so as to protect consumers from Unfair Trade practices
The regulations offered by Trade & Investment, Department of enterprise, office of fair trade and local authority trading standard services should be complied for criminal prosecution
Employer have failed to act recklessly on breaching its duty of care
In case of breach of care there is provision for unlimited fine on employer and can be sentenced for two years
2.3 Plan and justify a policy for ensuring that all aspects of weights and measures legislation are implemented.
Weight and measure regulation act 2006 regulates the packaged goods in order to ensure the quantity control for packaged goods. According to this act, consumers should be informed regarding the quantity and they should be protected against any short measures. The packer needs to comply with the regulations issued by the Local Authority trading standards. Packers also need to be abided by the EU’s regulation on provision of food information to consumers which has its direct impact on the trade practices in United Kingdom (Out-law, 2014). At present the regulations are such that the products need to be sold through volume, weight or number while some of the products are not under these regulations. Some of the key regulations dealing with the quantity labeling for the loose and pre-packed food can be given as under:

Weight and Measure Act 1964
Weight and Measure Act 1988
Local authority trading standards deploys inspectors for enforcing the laws on weights and measures. These inspectors are subjected to the safeguard regulations and can enter in the premises for testing the packaging equipments for testing relevant records to comply with the regulations. Inspectors have the rights to seize the equipments, take records or package sample when there are sufficient evidence to state that an offence has been committed.

LO3: Understand the implications of health, safety and hygiene

3.1 Discuss the key components of a range of regulations.
There are several regulations which need to be abided by a business for the sales and supply of food items which can be given as under:

Food needs to be secured, should not harm human health and should be prescribed as prescribed quality
Labeling, marketing and advertisement for the food should not be misleading
Unsafe food needs to be withdrawn
The source from where food has been obtained should be traceable
Food hygiene rating needs to be displayed on the food used for public
Only permitted preservatives needs to be used and it should not exceed the maximum quantity permitted
Below are the lists of key regulation which should be abided by the hotel staff while handling food and beverage products:

Control of noise at work regulation 2005: This act came in existence on 6th April 2006 and aimed at protecting staff against the excessive noise level at workplace to safeguard from any possible loss of hearing capacity for them (Health and Safety Executive, n.d). This act replaces the existing regulation i.e. Noise at work Regulations 1989 and the maximum level of noise decided is 85 decibels and employer must assess the risk and provide training at 87 decibels.
General food law regulation: These regulations ensure safety of food marketed by the traders and ensure no misleading advertisements are being done. Further these regulations binds the traders of food from article 14 regulations and in addition to this article 16, 18 and 19 of the general food law regulations along with Food safety act 1990 and General food regulation 2004 should be complied with (UK, 2014).
Display screen regulation: These regulations are applicable on equipments which are having display screen such as the laptops, LCDs, touch screen equipments and others. Some of the key health related issues which may be faced by workers due to the display problem include eye strain, upper limb problem and backache etc (Sherrie & Demand, 2014). Display screen regulations are managed in such a way that employer deploy all equipment in such a way that they do not create harm to human health. In case any employer has display screen then below regulations needs to be abided by:
To understand the workplace elements for reducing risk level for employees
Employer need to make sure control elements are well in place
Employer should conduct eye sight test if some employee is facing any issue and spectacles needs to be provided if required
Review assessment for the display screen regulation needs to be done on periodic basis
Health and safety at workplace Act 1974 (HSW Act): This law protects the employee and consumers from any possible harm against the workplace elements such as electricity. The electricity inspector is liable to ensure that the industrial accidents can be minimized at workplace. They need to adopt the open handed guideline for trimming down level of accidents and provide technical guidance for the use of technical equipments.
3.2 Discuss the duties and responsibilities associated with the management of licensed premises.
Local licensing authority would grant the license for premises and these needs to be regulated by licensing act 2003. The management having license premises would be having below mentioned duties and responsibilities:

There should be strict prevention for disorder and crime
Public safety should be ensured and there should not be any public nuisance
Care of duty needs to be specifically shown towards children (UK, 2014)
Licensing Act 2003 needs to be enforced and the regulations needs to be complied accurately
Management needs to update t he license and renewal needs to be done as and when required as per regulations
3.3 Carry out a detailed risk assessment for one type of licensed premises.
Local authority and HSE in joint efforts ensure that there is minimal level of risk related with the violence in the retail and licensed premises. This is a complete toolkit in order to guide regarding ways to conduct the risk assessment and ways through which work related violence can be avoided. These guidelines contain the wide range of information on the probable control measures and effective exercise so as to avoid any incident involving violence at workplace (Sherrie & Demand, 2014). The vital point in this guideline is embarking upon the work related violence towards the consumers and employees working in the organization. A number of control measures are available which would possible trim down the possibility of accident or violence in the premises so as to avoid possibility of transgression.

3.4 Evaluate the impact of food safety and hygiene legislation.
Food standard agencies in United Kingdom are liable for ensuring safety and hygiene for the food so that standards are maintained for the safety of food (Food Standards Agency, 2007). This department maintains close contacts with the food related businesses so that they can get the detailed guideline on the food safety methods to be deployed while carrying out the business activities related with the food sales and consumption. This department helps the businesses to produce safe and qualify food for the commercial purpose. Local authorities in United Kingdom also collaborate with the Food standard agency so that the food produced in the country is as per the safety regulations issued. In order to establish the guideline for food safety all the food related documents were mandated in the food safety management system.

LO4: Understand the legislative responsibilities of employers in relation to staff.

4.1 Justify the responsibilities of employers in the employment of staff

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According to health and safety regulations an employer would be responsible for the health and safety for the employees as well as consumers. Employer should take appropriate action in order to control and minimize the risk level. Health and safety policy needs to be in place in the organization so as to safeguard employees from occupational hazards. Equipment for personal protection should be provided by the employer for the employees. Further employer should give adequate training to the employees regarding creation of safe work environment (, n.d.). Employees should not be allowed to work under unsafe situations and they should not leave the workplace without being disciplined. In case the employee feels that his safety has been breached at the workplace then he or she can contact with the local authority or executive appointed for health & safety of Ireland without being disciplined for this. Employees should be provided sufficient time breaks between the working hours and holidays should be given to the employees so as to reduce the working pressure. The employee given to the employees should comply with the national minimum wage policies.

4.2 Discuss the key aspects of discrimination legislation.
All the employees working in the organization needs to be treated equally so that they can have equal access for the employment opportunities irrespective of their age, color, ethnic origin, religion or any other aspect which does not differentiate them in their capability to perform the work. UK’s legislation provides the protection for the employees against any discrimination at workplace and offer provision for punishment to employer. Equality Act 2010 presents one of the vital regulations in order to protect the people against any discrimination in society or in workplace (, n.d). Disability discrimination Act 1995, Race discrimination act 1976 and Sec Discrimination Act 1975 are among the major regulations in order to avoid discriminate on grounds of age, sex, color, religion or ethnic origin etc.


There are several premises such as hotels, bars and restaurant which needs to obtain license for the various activities such as the selling alcohol, gaming, live music, recorded music and theatre etc. Business organizations dealing in the food related businesses need to comply with several work regulations such as Display screen regulations, Health & safety work regulations 1974 and Noise at work regulations 2005 etc. Food standard agency in United Kingdom ensures safety & hygiene for the food related products in United Kingdom. Equality Act 2010 ensures the equality for all employees working in the organization against any possible discrimination basis on age, sex, religion or ethnic origin etc.

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