Unit 24 Law for Licensed Premises Assignment-Btchnd
LO3 Understand the implications of health, safety and hygiene legislation
3.1 Discuss the key components of a range of regulations
- The food kept for eating is safe.
- The food should not be treated in a way that makes it harmful to eat.
- The quality of the food should be same as it was represented.
- The food that is labelled, advertised or marketed should not be to mislead the public.
- There should be a record from the where the food has been brought and this information should be shown on demand which is called as traceability.
- The food that is unsafe should be withdrawn or recalled and the same should be conveyed to the public by leaflet or poster.
- If the food is directly sold to the public then the food hygiene rating should be displayed.
- If additive food has been used then it is required that only approved additive is used, and the same should not exceed the maximum limit that has been permitted (GOV.UK, 2014).
There are many regulations regarding the food safety and hygiene, noise and electricity at work, display screen equipment, manual handling operations, reporting of injuries, and control of substance hazardous health safety and reporting of diseases and dangerous occurrence, which the staffs of a hotel dealing with food is required to be aware of, here are few of those-
- General Food Law Regulation (EC) 178/2002:
It is essential that the food business must comply with the legislations that relates with the safety of food, traceability, notification of food safety incidents, withdrawal and recall of unsafe food.
Article 14 prohibits placing unsafe foods in market that are injurious to health and are unfit for human consumption.
Article 16 covers that the business should be labelled properly and the marketing and advertisement of the food should not mislead the public.
Article 18 this article says about the purpose of the traceability wherein the provision is to help out the targeted withdrawals and to give information to the competent authorities in the event of any problems regarding the safety of the food.
Article 19 imposes obligations on food business in withdrawal and recall if it does not comply with article 14 regarding the requirements of the food safety.
All these articles must comply with the following regulations which also relates to the safety of the food-
- Food Safety Act 1990 (Amendment) Regulations 2004 (No. 2990)
- General Food Regulations 2004 (No. 3279)1 (Food Standards Agency, 2007).
- The Control of Noise at Work Regulations 2005 (the Noise Regulations):
The Control of Noise at Work Regulations 2005 (the Noise Regulations) has replaced the Noise at Work Regulations 1989. The Control of Noise at Work Regulations 2005 (the Noise Regulations) aims to make sure that the hearing of the workers is protected from too much noise at their working places which may cause them to lose hearing and lead to suffer from tinnitus (Health and Safety Executive, n.d).
- Health and Safety at Work etc. Act 1974 (HSW Act):
Health and Safety at Work etc. Act 1974 (HSW Act) is a law in UK under which employers are responsible to make sure that there is safety in the health and safety of the employees as well as the public which also includes the electrical safety. The electrical inspectors aim in reducing the accidents that occurs due to electrics. They reduce so by enforcing the law, by giving advice on working practices and guiding them regarding the technical revolutionize in equipment and working methods (Health and Safety Executive, n.d).
- Display Screen Regulations:
Under this regulation, the employers accomplish their compulsion and are aware of the inference of the regulations for the way they bring in, administer, and make use of display screens in their organizations. The Display Directive in one of the series of European ‘daughter’ Directives that are with detailed feature of health and safety (Display Screen Regulations, 2000).
3.2 Discuss the duties and responsibilities associated with the management of licensed premises
Duties and responsibilities associated with the management of licensed premises
The licensee must comply with all the following conditions of the license-
- An ample range of snack food meals such as nachos, pizzas etc. must be available and promoted at any time on special license is in operation.
- At licensed premises, a variety of low and non-alcoholic drinks such as liquor should be available and promoted.
- In order to avoid drink driving, transport options such as van, free taxi phone etc. must be available and promoted to aid patrons.
- Though there are licenses which are limited to certain hours, a licensed premises is deemed to be valid for 24 hours a day. There cannot be a private function on licensed premises unless a special license has been obtained. Any sale and supply of liquor after the hours of operation is a serious offence.
- Off license should be closed by midnight on restricted days such as Christmas Day, Good Friday, Easter Sunday and ANZAC day.
- There are certain designated areas where the license is prohibited and also certain people such as minor, intoxicated and unauthorised persons are prohibited from obtaining this license (South Taranaki District Council, n.d).
3.3 Carry out a detailed risk assessment for one type of licensed premises
The Consumer and Business Services (CBS) has built up a risk assessment to help out the licensees so that they comply with the requirement of the General Code of Practice which was established under the Liquor Licensing Act 1997. The risk assessment has been build up to be used by any licensee (Licensee Risk Assessment and Management Plan, n.d).
The Management of the Health and Safety at Work Regulations1999 requires the employers to deem risks at its employees and carry out a risk management to save their employees from harm of reasonably foreseeable violence. This examines to settle on as to what dangers exist in the workplace. The employer shall recognise the problem; record the incidents, classify the violent incidents, then search for preventive measures for the same, then implement those measures (HSE, Health and Safety Executive, 2009).
The report herewith which was for the federation of Small Businesses provides data on the use of chosen violence prevention measures for retail and licensed premises-
|Crime Prevention Measure||Hotel and
and motor trade
|Hired security firm||2%||2%|
|Installed/upgraded security alarm||30%||42%|
|Installed extra security systems||13%||19%|
|Sought advice from police||20%||16%|
|Significantly increased insurance cover||8%||8%|
|Set up/joined a Business Watch scheme||8%||6%|
|Arranged for transport to take staff to/from work||3%||0%|
|Moved/considered moving to another area||3%||3%|
(HSE, Health and Safety Executive, 2009).
3.4 Evaluate the impact of food safety and hygiene legislation
- The Food Standards Agency in UK is a government authority that is responsible for the safety and hygiene all over the United Kingdom.
- This department works with the businesses related to food in order to assist them to produce safe food.
- The Food Standards Agency in UK alsoassists with the local authorities in order to enforce food safety regulations.
- Legislation on the food hygiene was changed in the year 2006 and new legislations came into force. The most important consequence of this change was that, for businesses relating to food must be documented Food Safety Management System.
- Food Safety Management System is based on the principles of Hazard Analysis Critical Control Point HACCP (Food Standards Agency, 2007).
LO4 Understand the legislative responsibilities of employers in relation to staff
4.1 Justify the responsibilities of employers in the employment of staff
The employers have a legal responsibility towards their employees regarding their safety and health in their work place. Following are the responsibilities of the employers in the employment of the staff-
- The risks towards the health and safety should be properly controlled.
- The employer should provide its employees with personal protective and safety equipment without charging any cost on it.
- In case of any reasonable concerns towards their safety, an employee should be free to leave the premises without being disciplined.
- In case the employer doesn’t listen to the health concerns of the employees, the employee is free to contact the Health and Safety Executive for Northern Ireland (HSENI), or local authority, and the employee should not be disciplined for the same.
- There shall be breaks during the working hours.
- There should be a leave every week.
- The employee shall have annual paid holidays.
- The salary of the employee must comply with the National Minimum Wage (Cookies on indirect, 2013).
4.2 Discuss the key aspects of discrimination legislation
The employees must be treated equally and all the employees shall have equal access to employment regardless of their age, marital status, disability, sex, race etc. The law gives enforcement of any cause of action whereby the employee has been discriminated by the employer.
The Equality Act 2010 is an act of UK law that protects the employees from any discrimination in the workplace and in any discrimination in the society. Before the Equality Act 2010, there following legislations that protected the employees from any discrimination on the ground of sex, race, and disability within the work premises and in within the society-
- Sex Discrimination Act 1975
- Race Relations Act 1976
- Disability Discrimination Act 1995 (GOV.UK, 2013).
There are various types of licensed premises which are to be obtained by the restaurants, hotels, tenancies etc. having different effect in different premises. There is a major difference between a licensed premises and personal license. When a licensed premise authorizes for activities like sale of alcohol, late night refreshments and regulated entertainment, the personal licence on the other hand supervises the sale and supply of alcohol in the Designated Premises Supervisor. The staff of any organization must be aware of use, impact of these licenses and effect of noncompliance with these licenses. There are certain provisions in the UK law that has to be complying with by the employer regarding the safety of food, and regarding the employment of their staff.
ASSET SURE, 2014. Hotels Laws UK. [Online] Available at: http://www.assetsure.com/business/hotel-insurance/hotels-laws/ [Accessed 12 9 2014].
City of London, 2013. Code of Good Practice for Licensed Premises. [Online] Available at: http://www.cityoflondon.gov.uk/business/licensing/alcohol-and-entertainment/Documents/CoL-code-of-good-practice.pdf [Accessed 12 9 2014].
Cookies on indirect, 2013. Employees’ health and safety responsibilities. [Online] Available at: http://www.nidirect.gov.uk/employees-health-and-safety-responsibilities [Accessed 15 9 2014].
Display Screen Regulations, 2000. An employer’s guide to getting the best out of the regulations. [Online] Available at: http://www.system-concepts.com/assets/files/Guide_to_Display_Screen_Regulations.pdf [Accessed 15 9 2014].
Food Standards Agency, 2007. Guidance Notes for Food Business Operators on Food Safety, Traceability, Product Withdrawal and Recall. [Online] Available at: http://www.food.gov.uk/sites/default/files/multimedia/pdfs/fsa1782002guidance.pdf [Accessed 15 9 2014].Order Now