Law of Licensed Premises

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What is Premise licence?

Premise licence is a term which is used to describe the permission that is given to different entities so that they can carry out activities related with entertainment (Zacune and Hensman, 2013). It is given to firms so that it can be used to conduct “licensable activities” which includes likes of serving alcohol, regulated environment or providing late night refreshments. Premise is not just related to buildings, but now it has a very broad and wider meaning as it can include the likes of open spaces, vehicles, etc. This part of the report provides an overview of different kinds of license premises along with a difference between personal and premise licence. There are various kinds of premise that can be considered by relevant authorities to conduct events and functions where alcohol based drinks would be served and sold to the guests. It can be in the form of hotels, pubs, restaurants, etc.

Premise licenses are very important from the view point that they help in organizing and managing an event where alcohol and late night refreshments might be served along with some entertainment related activities as well. There are mainly four kinds of licensed premise that can be acquired by government so as to conduct an event – Premise License; Personal Licence; Club Premise Licence; and Standard and Late Temporary Event Notice (Licensed Premises, 2014).

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Premise licenses are used to describe a building that might be the a location for any particular event.. Herein, the premise license would be issued individually and will also contain terms and conditions that are related to the event along with hours or time period that authorities may find appropriate for the activity which is being organized (Andreasson, Lindewald and Rehnman, 2000). If the norms that are stated in the license are not followed then the event company can be punished and will also be required to pay fine of £20,000 and/or six months jail. On the other hand, personal license is given to an individual for the sale of alcohol. It states that all such sales must be carried out by only those individuals or authorized persons to whom the license has been issued (Wallin, Gripenberg and Andréasson, 2005). Here, the personal license holder is also known as Designated Premises Supervisor (DPS). Club Premise Licence is given to non-profit making clubs. This certificate allows the clubs to carry out licensable activities, but it must only those that will be conducted for the benefits of its members.

UK government provides a wide variety of licenses and permissions to different bodies and individuals so that they can conduct entertainment related activities such as live music and dance festivals, etc along with serving alcohol and late night refreshments as well (Rydon and et. al, 2006). There are two main kinds of licenses that the government provides – personal and premise license.

A personal licence or permission is issued to individual person for selling of alcohol. Any person can apply for it that has cleared the necessary education levels and also the person who has not done any criminal act. On the other hand, a premise license is required majorly by an event management company so that they can conduct an event where entertainment related activities would be performed and late night refreshments as well as alcohol would be served to the guests and invitees (Briscoe and Donnell, 2003). Both these licenses are very different from one another. For instance, when the terms of personal license are breached, it is the license holder who would be held responsible and will be given with appropriate punishment. On the other hand, if any misdeeds or wrongful acts are performed which are not stipulated in the premise license, Event Company or owner of the premise would be accountable. In such cases, the suited party will have to pay a fine of £20,000 and also may be imprisoned for time period of six months. Holder of a personal license can organize up to 50 events in a calendar year, but only in those situations where the DPS (Designated Premise Supervisor) is present. If such a person is not present in the event, then alcohol cannot be served to the guests (Licensed Premises, 2014). In contrast to it, through a premise license, owner of the building or an area such as garden can organize maximum of 12 events in a calendar year, which can amount up to 15 days in a year. Further, the regulations also state that each of these events can continue for maximum of seven days, however, it is important that 15 day limit in a year will not be crossed (Manchester, Poppleston and Allen, 2008). In addition to it, terms of the license also states that there can be no more than 499 individuals present in the event.

Applying for a premise and personal license require different procedures and processes to be undertaken. They are very different from one another and also very critical, as any mistake on this front can prove to be damaging for the premise as well as the event being conducted at the location (Graham, Jelley and Purcell, 2005). UK Premise Law, in this regard opines that alcohol and such related products must be sold to only those individuals who are above 18 years of age and are not a minor. Further, there are some conditions to apply for a premise license in the country. One of them is that alcohol must be served only under the direct supervision of a designated premise supervisor, as they are the persons who can sell such products to people in the country. Mistake here in can lead to cancellation of the license as well as development of a bad image of premise in the market. Another condition on this front is that person applying for premise license must be above 18 years of age and also must have passed certain minimum or basic education levels, so that they may be able to differentiate between their rights and duties as well as obligations. In addition to this, the person must not have any criminal record, as the authorities would conduct a thorough checking and evaluation of the persons' background. The Licensing Act 2003 states that any building or movable structure such as vehicles, etc can be termed as a premise where a particular event or function may be organized and conducted. To apply for and obtain such license, it is imperative that the applicant holds a personal license as well, where in he/she has to submit a provisional license as well (Alcohol licensing: personal licences, 2013).

There are a large number of rules and regulations that govern working of different sections of the licensed premise section and are of great importance, as they are the ones which provide substantial knowledge and understanding to the license holder that may enable him to organize as well as conduct the event in an effective manner (Wallin and Andreásson, 2004). One of them is that of prevention of crime and disorder. It is a very crucial regulation in this context and states that license holder must pay attention to ensuring that order and peace is maintained at the event, and that the guests are not hurt physically. In this context, it may not be wrong to say that it will help in maintaining peace at the event, that may eventually lead to successful conduct of the event while ensuring for safety of guests as well as staff. Another piece of regulation governing the working of this aspect is related to protection of children from any kind of harm. It entails implementation of variety of steps and procedures that may help in protecting and safeguarding children and minors from physical and mental abuse (Wallin, Norström and Andréasson, 2003). This way event can be termed as a successful one that may actually lead to providing a unique experience to the guests and attendees. Additionally, safety and hygiene is also a very important aspect of the law for licensed premise. It states that kitchen and other such areas where staff for the event may work should be well lit, clean and hygenic. This way they can be motivated to give their best performance and provide effective as well as fast services to the guests that may help in providing a good and unique experience to them (Code of Good Practice for Licensed Premises, 2013). If steps are not taken in this regard, then it can de-motivate and demoralize the staff, negatively affecting their overall performance at the event. To protect the public or guests who come to pub to attend any particular kind of event or functions, variety of steps is taken by management of the pub. One of the first and foremost measures taken by them is to hire number of security guards, who are also known as bouncers. They are tasked with the responsibility of maintaining a peaceful environment at the pub. Other than this, authorities are also required to develop and keep different tools handy with which they can control situation of fire. For this they keep fire hydrants ready and easily accessible.

One of the most important issues that government of UK has tried to tackle is to protect customers from misleading information that is provided by entities. In earlier years, many cases have occurred where companies shared inaccurate and deceptive information to customers, so that the company may be benefited. But to address this problem and to protect consumers, Unfair Trade Regulations were developed (Beggs and et. al, 2012). There are many severe consequences or results that the firms have to face when it shares ambiguous information with customers. In such cases, they have to face serious legal consequences and results. One such consequence is that their license whether personal, premise or any other type can be cancelled by the authorities. For instance, if holder of the premise license provides wrong information to consumers, a £20,000 and/or six month imprisonment can be levied upon them as a punishment for the same act. Further, owner of the premise as well as location can be blacklisted, meaning no events in the future can be organised at the premise. License holders who are found to be misleading the consumers are punishable under provisions of Unfair Trading Regulations 2008 (Månsdotter and et. al, 2007).

There are a lot many responsibilities and facets that a holder of premise license has to carry out and keep in mind. But they have major responsibilities towards customers. They have to ensure that products and/or services are made available to consumers at a cheap and fair price. This means that the employer, i.e. the premise license holder has to provide goods and/or services at cheap or competitive prices (O'Neill, 2011). If such case arises then the employer can be held accountable. In addition to it, the employer also has responsibility to ensure that no misdeeds or misbehaviour is provided to customers by employees or the staff. In addition to it, ethical concepts and moral principles also have to be paid attention by the employer. For instance, premise license holder must ensure that alcohol is not served to a minor or to an under-age person. This means that they have to pay attention to ensure that individuals below 18 years of age are not served with any alcohol related drinks in the event. On the other hand, to take perform different employment liabilities, a lot of time and resources also have to expended. This means that cost and expenses of the employer would increase by great margins.

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UK law for licensed premise states that if terms and conditions of the license are broken or not followed, then it can be considered as a breach, which eventually may lead to cancellation of license held by an individual and punishment can be given in form of fine and/or imprisonment. Employer in this relation has a major responsibility towards employees as well as the guests (Wallin, Norström and Andréasson, 2003). He is the one who has to ensure that proper treatment or services is provided to attendees as well as ensure that staff has access to sufficient amount of resources, which would enable them to provide the best services to guests, and enhance their overall experience by great margins. Further, the license holder is also required to ensure that alcohol and other such related drinks are served only to individuals who are not minor and are allowed to drink as per the law. In this sense, ample training and development sessions are to be provided to the employees, so that they may be able to understand when and to whom alcohol is to be served and also in appropriate quantities. If such an activity is carried out, then it can lead to damaging results for the licence holder as well as the premise and its image in the market (Briscoe and Donnell, 2003). Therefore, it may not be wrong to say that training and development of the staff would have a very crucial role to play in the process of ensuring that guests needs and wants are satisfied or fulfilled to the greatest extent possible. Other than this, installing cameras in different areas of the premise can also be very beneficial for the premise, as it would help in ensuring that guests are happy and satisfied with the premise. To ensure that the guests are treated well and they are provided with the best services, it is imperative that aspects such as training and development of the staff are paid attention to. Herein, management would have to make sure that they serve alcohol and such related drinks to guests in the right manner and in the right quantity.

UK government has developed a range of policies and principles to pay attention to different aspects of holding events at the premise for which license has been obtained. It can be supported through the fact that government has prepared a policy that helps in ensuring all aspects of weight and measure legislation which are followed in the licensed premise. One such act is that of the Weights and Measures (Packed Goods) Regulations Act 2006 (Graham, Jelley and Purcell, 2005). According to this piece of legislation, alcohol and other such liquors must be served in appropriate quantities as well as in the right manner. It is because if this facet is not paid attention to, then it can prove to be dangerous for the customers. In this sense, it may be safe to say that if a minor approaches the staff members, then they should deny for drink. Similarly, drinks must be served to other customers as well in a right manner that will not harm them in any way (Andreasson, Lindewald and Rehnman, 2000).

Key components of a range of regulations

There are many parts and components of the rules and regulations developed by UK government that essentially have to be followed by licensed premises. One of them is related to noise. According to the Work Regulations Act 1989, employer, i.e. holder of the premise has to ensure that noise generated during an event or function at the premise must not disturb locals of the area (Pratten, 2003). In this context, it may not be wrong to say that appropriate measures and steps have to be taken that will help in controlling the noise and sound created during the event. Therefore, one of the key components of premise licenses is related to hours that a function can continue for a day. Another very important component is maintaining hygiene, i.e. health and safety of customers of the premise. For the same, employer must conduct a thorough analysis of the event so as to ascertain all measures for health and safety are in place, thus prevent any accident or issue during the event. One of the major key components of legislation – Health and Safety at Work etc. Act 1974, is to protect people at work against risks to health or safety due to conduct of various tasks and duties at the workplace. COSHH is another regulation which states that it is the responsibility of employer to ensure safety of workers and employees from exposure to harmful and hazardous substances at work. Noise regulations in UK state that it should be kept limited to a particular area only, so that people living in the nearby regions are not disturbed in any manner. Electricity aspect of regulations state that there should be constant supply of electricity at the premise, so that both employees and the guests do not have to face any kind of problems during the event. In addition to this, there must be enough display screens at the premise to ensure that guests have a pleasant time and they do not miss any part of the event. Operations that require manual handling must be performed only by trained and experienced personnel. There also must be adequate reporting of injuries/diseases and dangerous concerns to appropriate authorities such as police, fire department, government bodies, etc. Furthermore, the employer must also place first aid boxes at different, easily accessible places at the premise.

Duties and responsibilities related to management of licensed premise

Management of the licensed premise have a major duty to ensure that various roles, responsibilities, duties, etc. are carried out with great ease and efficiency, as this would allow organizers of the event in providing a satisfactory experience to the guests as well as satisfy them to a great extent. There are several regulations and rules regarding serving alcohol to guests, which are also a major responsibility of management at Asper Casinos. They have to make sure that alcohol must not be served to minors; along with this, drinks must be served to guests in the right manner. In addition to this, care must be taken to ensure that alcohol is of the right quality, or else it could adversely affect the drinker (Brennan and et. al, 2011). Furthermore, attention must be taken and care must be given to ensure that premise is well lit and all safety procedures have been taken into due consideration. This way health and safety of staff as well as guests can be ensured.

Risk assessment of the licensed premise

Asper Casinos are some of the very popular licensed premises in UK, as management of the hospitality firm pay a lot of attention and precedence to make sure that various aspects and terms and conditions mentioned in the premise license are followed (Månsdotter and et.al, 2007). Food safety requirements are given importance in the casino, as they have taken various steps related to quality control, with the help of which management tries to make sure that food items prepared by them are of the best quality and that they do not harm the customers. If any mistake happens in compliance with these measures, then consumers are the ones which are affected the most. In this sense, it can be said that risks related to food products are very low in the premise. Temperature and environment in kitchen is another area where severe risks are present. This is one of the aspects that management pays a less attention to. Therefore it can be said that risk of staff getting hurt due to adverse working conditions and temperature is very high in the premise (Lister and et.al, 2000).

Impact of food safety and hygiene legislation

There are many laws and regulations in relation to entertainment related activities that have to be taken care of and followed by the premise license holder. One of them is that of the food and safety hygiene. It is a prime law that governs working of the entertainment industry as well as the way different aspects of licensed premise function (Wiggers and et. al, 2001). Its overall impact over the law for licensed premise is severe; as it has significant impact over the how different premises function and also cater to needs and demands of the guests. Because of this very reason, management of the casino had to change and alter their working significantly. It can be supported through fact that the authorities had to take steps to bring about rapid changes in their kitchen and how they produce different food items as well as the way they are served. This legislation about food and safety has some negative sides to it as well. One of them is that it would increase overall cost of the organization and thus the price of services that it would provides to customers. Other than this, staff of the casino working in the kitchen also has to be given adequate training.

Responsibilities of employer in employment of staff

Employers, i.e. management of the licensed premise have a large number of responsibilities in relation to employing people at work. One of them is related to the giving jobs to individuals, regardless of the culture they follow or the religion they may belong to. This means that they have to follow guidelines and provisions as described in Equality Act 2010 (Brennan and et. al, 2011). This is primarily because of reason that the UK government has made it a rule that every individual, eligible for the job or post must be given a chance to prove their mettle and to be employed in an organization. Further if this responsibility is not carried out, effectively, then it can result in development of a bad image among stakeholders. In addition to it, authorities also have to make sure that they give proper and equal chances to people belonging to different cultures and traditions through which they can be provided better jobs. This is one of the major responsibilities that authorities have to carry out.

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Key aspects of discrimination legislation

One of the crucial legislations in UK is that of Discrimination Legislation. It was developed by the government so as to protect individuals from unfair practices and biasness on part of authorities of the licensed premise (Day and Kelton, 2007). Employment Act is of the key aspects of this legislation. It states that employment process adopted by the business organization must not be biased, meaning that every candidate must be provided an opportunity to be selected for the workplace, without considering orientations that they may have. Another very important part of this legislation states that every person in the country must be given equal chances to get educated and improve their skills so that they can be employed. This law also states that individuals, regardless of gender they may be of or sexual orientation they may follow, must not be discriminated against. Further, The Trade Union and Labour Relations (Consolidation) Act 1992 states that no person must be denied employment as they participate in different activities of trade unions or because they are members of such unions. Additionally the law, in this context opines that an employer can be punished if they discriminate on basis of race, disability, etc. that an individual may belong to. Moreover, the legislation also opines that every person given employment in the firm must be given equal pay, as per the position and responsibilities they may be performing.

Conclusion

From the above study, it can be concluded that Work Regulations Act 1989 is one of the key components of different rules and regulations which govern working of event management industry and also that of the premise license concept. Additionally the food safety and hygiene is one of the major laws that has affected this facet of event management industry.

References

  • Manchester, C., Poppleston, S. and Allen, J., 2008. Alcohol and Entertainment Licensing Law. Taylor & Francis.
  • O'Neill, A., 2011. EU Law for UK Lawyers. 2nd ed. Bloomsbury Publishing.
  • Zacune, J. and Hensman, C., 2013. Drugs, Alcohol and Tobacco in Britain. Elsevier.
  • Journals
  • Andreasson, S., Lindewald, B. and Rehnman, C., 2000. Over‐serving patrons in licensed premises in Stockholm. Addiction.
  • Brennan, I. and et. al., 2011. Interventions for disorder and severe intoxication in and around licensed premises, 1989–2009. Addiction.
  • Brennan, I. and et. al., 2011. Interventions for disorder and severe intoxication in and around licensed premises, 1989–2009. Addiction.
  • Briscoe, S. and Donnell, N., 2003. Problematic licensed premises for assault in inner Sydney, Newcastle and Wollongong. Australian & New Zealand Journal of Criminology.
  • Day, H., and Kelton, R., 2007. The valuation of licensed premises. Journal of Property Investment & Finance.
  • Graham, K., Jelley, J. and Purcell, J., 2005. Training bar staff in preventing and managing aggression in licensed premises. Journal of Substance Use.

Key components of a range of regulations

 

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