The scenario of this report determines legal practices related to licensed premises and its uses related to staff person. Furthermore, it evaluates the regulation related to misleading information towards the liable person.
A license is given to authorise some thing that is contained by the state. Similarly. License is given for the allocation of premises, that allows the holder to perform such acts that lies under licensable activities. These activities includes sale of liquor or alcohol, supply alcohol in a club, the provision of regulated entertainment and the sale of food and drink by over night cafes. There are certain regulation that has to be followed by he licensee which has been mentioned in the report. The report is about the extensive study of these premises, procedures for getting a license, consequences of providing misleading information, rules and regulations to be maintained, etc. Here the analysis deals with Licensing Act 2003, allocation of premises and laws related to permission of alcohol. Also this analysis deal with employment laws and consumer protection laws for the assessment of the liabilities of managerial committee of a licensed premises.
1.1 Types of licensed premises
The laws related to premises are regulated by the Licensing Act 2003 in United Kingdom. It was made to regulate the sale and supply of alcohol, provision of entertainment and late night refreshments, also offences in connection with them. According to the section 1 of the Licensing Act 2003, licenses are allocated for some activities such as sale of retail alcohol, for the regulation of entertainment (music pubs etc.), supply of alcohol in the club or on their behalf and also to the late night refreshments cafes etc. (Labhart, F., Graham, K., Wells, S. and Kuntsche, E., 2013)
These are the activities for which license are provided. The organisation who wants to sale and supply alcohol in UK must posses the license of sale. More over, licenses are also provided for temporary activities. According to Part 5 of the Act 2003, section 98 a temporary licenses can also be given for such activities. Similarly, as per section 60 of the Act a license is provided for Club premises by the relevant authority of licensing.
According to schedule 2 the provision of late night refreshment, license is provided to perform business at late night, from 11pm to 5am, for selling hot foods or hot drinks to the public. License are also provided to an individual for the sale and supply of alcohol to a licensed premises such as clubs, pubs etc. (Beckingham, D., 2012)
1.2 Difference between personal and premises license
A personal license is such which is provided to an individual for authorising him to supply alcohol to those who holds premises license, as per section 111 of the Licensing Act 2003. The supplying of alcohol means, selling it by retail or supplying by or behalf of a club or to its member. It is essential for those who oversees the sale of alcohol in licensable premises. It is applied to the council for that are where the individual wants to sale it. The council is responsible for allowing the sale of alcohol by such person. It has an indefinite effect until the individual revokes it under section 124 or fortified under 129.
A premises license is generally required for the sale and supply of alcohol and also for regulating entertainment. It is also provided for authorising the sale of hot foods and drinks at night as late night refreshments. It is valid until revoked by the holder under section 52 and it is also provided for a limited period so till that time it is applicable.(Kypri, K., McElduff, P. and Miller, P., 2014)
A personal license is a sub division of a premises license that is it can be included in it. Premises license can be obtained from the area where it is going to be established, similarly for a personal license it is require to get an authorise certificate from the council of that area. These are some of the distinction between a personal and premises license.
1.3 Procedures for licences application
There exist a licensing authority according to the section 3 of the Act, which includes a council of a district in England,Wales, London, Isles etc. the licenses are obtained from such authority in which the they have their jurisdiction. An application to premises license is made under section 17 to a relevant authority in their area. It should consist of a operating schedule, which provide the relevant licensable activities and the time for which the license is need in the prescribed area for the supply of alcohol. An application form is filled in accordance to section 54 and the fees related to it is submitted as per section 55 of the Act. Also according to section 17 (5) it is essential to advertise the application in the prescribed time by the person who has given the application of license of premises. The regulations related to it is made by the Secretary of the State.(Snowball, L. and Spratley, S., 2013)
According to section 18, if the relevant authority is satisfied by the application made under section 17 then they must grant the license for the conditions that are mentioned in the application and also for those as mentioned in section 19, 20 and 21. Where the license is provided under section 18 the relevant authority shall give a notice of effect to the applicant and the Chief Officer of Police of that area, as per section 23 of the Act.
1.4 Guidelines on the conduct of licensed premises for use by staff
In order to operate the premises effectively it is essential to train the staff to a level equivalent with their liabilities. Overcrowding is a very common situation, so to avoid such situation the stuff must, have knowledge of the capacity of premises and according to that entries should be made. If there is a situation of overcrowding then they must be ready for all consequences. In order to provide good health and hygienic environment they must regulate all necessary steps to maintain it. For preventing them from hearing disability in premises which posses loud noise, it is necessary to provide them with remedies related to it. The staff must be trained in taking action after discovering a fire, also they must know the escape route in the case of emergency. It is the liability of manager to make his staff aware of the legal necessities which is essential for the conduct and management of licensed premises.(Hawkins, B., Holden, C. and McCambridge, J., 2012).
Licensing act 2003 is expressing number of effective code of practices fir licensed premises as this norm is having four main functions which are discussed as follows:-
- Defending from criminal acts and any disorder.
- Public safety and security.
- Preventing society from nuisance.
- Preventing kids or children's from dangers.
However, main objective of several codes are to defend society with wrongful conducts which is affecting innocent people. Basically, in 2010 there was few modification in licensing act and some mandatory rules and regulations are set which is applied on every individual. But initial three norms was came into force in 6 April 2010 and rest two was introduced in October 1, 2010. As per this conditions policy of age verification is essential in license