Laws Governing Food Safety and Alcoholic Beverage Industry

J.D. Wetherspoon plc. Also known as Wetherspoon is a pub organization conducting its commercial activities in the Republic of Ireland and UK (Wetherspoon ,2015). As it operates in the hospitality industry, it should comply with laws related to food and safety. It continuously attempts to improve the quality of food and drinks offered to its consumers. The stakeholders are informed about the consumption of food and its nutritional values. Additionally, a different menu has been designed for the kids below the age of 10 years or those who intake a less diet.

The company is governed by the laws regulating the food and alcoholic beverage industry. One of the laws is Licensing Act, 2003. The act governs the commercial activities related to alcohol, mid night entertainment, the refreshments and the omissions and commissions relating thereto.

The act regulates the commercial activities which are licensed and consisting of the provision of entertainment and late night refreshments along with sale and supply  of retail liquor through or on behalf of the club. The companies transacting in these activities must acquire a license monitoring the premises. Every licensed premise must employ a designated premises supervisor (Legislation.gov.uk, n.d.).

Another act governing the company is Food Safety Act 1990. The act consists of the framework for all food regulations in UK. The main guidelines of this act are that the eatables should be according to the safety regulations and should comply with the guidelines related to features, components and preferred quality. The packed food should be appropriately labeled. The act consists of the events related to the delivery chain of food comprising of its preparation to trading and supplying. The Food Standards Agency is the chief division of the administration which is responsible for formulating specified rules under the act (Food Standards Agency, 2015).

So, in this report the regulations which are applicable on licensed premises transacting in alcoholic beverages would be analyzed.  Similarly, if the pub acts in accordance with the stated guidelines or not would be assessed.

As per section 15 of the Food Safety Act 1990, any person who advertises or labels the food in such a way that it incorrectly explains or deceives the customers concerning its features, elements or preferred quality is affirmed as guilty of  an offence. It happens when the statement is wrong or the pictures of the food are projected in an influential way.  The commissions also comprise of the cases when the goods are correctly shown but the consumers are provided the

Compliance with Regulations

For example, when the picture of the food are shown in a way that they do not constitute cream but are projected in such a way that shows that they contain cream. The consumers would be lead to an incorrect conclusion in this way (Murphy et al., 2016).

For the criminals in Wales and England, Courts may announce the sentence for two years and levy a monetary penalty of unlimited magnitude. The Magistrate courts may penalize for an amount up to £5,000 and or an imprisonment which may extend up to six months.

Furthermore, as per section 10 of The Consumer Protection from Unfair Trading Regulations 2008 No. 1277, when a businessman is found guilt-ridden of his being involved in a way which is misleading as per regulation 6, he would be punished on a summary conviction to a fine not more than the statutory minimum or on a conviction to a fine or imprisonment of not more than two years or both (Degrauwe and Brengman, 2014).

As per  the Food Labeling Regulations 1996, u/s 44 if any  person transacts  in any food products  which are not labeled  or registered in accordance with  the provisions of Part II of the guidelines, transacts or advertises  the  edible stuff  pertaining to which a claim is made and  branding  or description of the title is used which is conflicting to the guidelines of Part III of the regulations. If the person transacts in  the food  which is prepared from vending machine and it is inconsistent  with  regulation 29 or transacts in  the food which has expired  , then whether he  is a producer, packer or a vendor , he shall be declared guilty of a wrongdoing. He shall be punished on account of summary conviction to a monetary penalty which does not exceed level 5 on the standard scale (Vocht et al., 2017).

According to Legislation.gov.uk (n.d.) the steps which the employer  must take to protect the consumers and for the  prevention of  risk are that he  is responsible for the care towards the customers and guests on the properties of the company. He is accountable to initiate a risk assessment to track the possible hazards for the security and safeguarding the clients and employees. The employer shall appoint competent person who should be allotted the responsibility of the health and safety of the workers whom should be nominated from one of the employees of staff who is skilled in health and safety.

Measures and Weights Legislation

As per The Food Safety Act 1990 u/s 33, any person who transacts in any food which is not of the feature, constituent and preferred quality by the customer is guilt-ridden of a fault.

The advantages pertaining to following those steps are it will increase the goodwill of the company which will help in enhancing its sales. The disadvantages are Wetherspoon will be held liable for any misconduct happening at the workplace negligibly or deliberately according to Consumer Protection Act, 1987(Legislation. gov.uk, n.d.).

Thus, Wetherspoon is liable to comply with the appropriate provisions on Food Safety and the obligation of the employer in protection the customer’s welfares. It should enhance the value of food being presented to its consumers and to keep them well-versed about the range of the products offered. It should declare the nutritional information of the food comprising of fat content, calories and salt  on the   website  of the company and its outlets. Additionally, the amount of calories should be in the menu along with the food items (Martineau et al., 2013).

The statistics related to 14 common allergens should be exhibited on the website and on all its outlets. There should separate set of menus for vegetarians, vegans and for consumer’s avoiding gluten or dairy products. Also, the Public Health Responsibility Deal which was introduced in 2011 should be supported by the company.

The pledges pertaining to Calorie Reduction, Salt Catering: Reformation of food as procured by the consumer and Salt Reduction should be abided by the company.

The Weights and Measures Act, 1985 is an act which is passed by the British Parliament explaining the rules pertaining to weights and measures. As per section 1 of the Act, yard or meter shall be the unit for measuring length and pound or kilogram shall be the unit for measuring mass. Furthermore, 1 yard shall be equivalent to 0.9144 meters exactly. The pound shall be equivalent to 0.45359237 Kilogram exactly (Gov. UK, n.d.).

In Wetherspoon, the policy regarding the Measures and Weights Legislations can be implemented in the following ways:

According to Chartered Trading Standards Institute (2018) there are regulations under law for particular kinds of hard drinks and the quantities for commercial distribution and trading. These are implemented on fortified drinks such as port and sherry, whisky, rum, vodka, wine, cider, gin, beer and lager.

In Wetherspoon, the   sale of cider, lager and beer can be made in the quantities of 1/3, 1/2, 2/3 and multiples of 1/2 pints. However, these are not applicable when these drinks are mixed with other drinks.  All the equipment and glasses used for measuring the drinks should be government stamped.

Regulations Regarding Health and Safety Policies

Gin, rum, vodka and whiskey should be served in glasses in the quantities of 25 ml, 35 ml and multiples of 25 ml or 35 ml. The quantities should be traded uniformly in all the bars of the same premises and the customers should be notified specifically updating them about the quantities being used.

If wine is sold in a glass, then the standard unit of measurement will be 125ml, 175 ml and in their multiples. The quantity of wine must be clearly mentioned in the menus, price list or on a displayed notice.

Fortified wine must be sold in the quantities of 50 ml or 70 ml. The consumers must be well informed about the quantities of fortified wine (Fitzgerald et al., 2017).

In the context of licensed premises, the main constituents of the regulations regarding health and safety policies are as follows:

1. Emergency Services: The owners of the licensed premises must check regularly that the arrangements in case of emergency are properly placed. For example, all the doors and windows built for the purpose of urgency are opened freely and fully, the working of the fire alarm is efficient or not and the fire extinguishers are placed properly or not.  
2. Safe Working Environment: It is necessary for all the bars, pubs and hotels having more than 5 workers to execute properly structured and policies are documented pertaining to the protection of consumers. The policy should include provisions for emergencies, servicing of dangerous machinery, safety audits and mechanisms for reporting accidents. Also, the managers are responsible for providing proper training and making first aid arrangements (NHS Health Scotland, 2016).
3. Noise: According to the Work Regulations Act 1989, the manager of the registered company is responsible for making suitable arrangements for the workers and consumers where there is a possibility of ear-splitting sound. For clubs, bars and pubs, they should enact appropriate guidelines to lessen the noise.
4. Hygiene and proper disclosure: The owners of the licensed premises are responsible for providing secure and hygienic condition to consumers and employees. They should adopt appropriate safety measures to prevent possible injuries to the visitors.

1. General Food Law Regulations: These regulations ban the trading of unhygienic food in the market because they are harmful to the wellbeing and unhealthy for consuming. The food which is sold in the market should be labeled properly and the advertisement and marketing should not be such that it misleads the consumers. Article 14, Article 16, Article 18 and Article 19 of the General Food Law Regulations must abide by the General Food Regulations 2004 and Food Safety Act 1990 (Bowie, 2013).

Along with the appointment of Designated Premises Supervisor, the organization is also accountable for providing protected surroundings to ensure the welfare of the customers and staff. The Licensing Authority grants the license and it is governed by Licensing Act 2003. In this regard, the main responsibilities and duties of the management are as follows:

1. The management should abide by with the provisions related to eth company law ICAEW (2018).  They should work for the benefit of company and customers. Also, confidentiality factor should be maintained by the employees of the company.
2. Assessment of risk should be done for prevention of damages in forthcoming activities.
3. The management should act according to the directions of the owner or the Designated Premises Supervisor for proper conduct.
4. The management should not furnish misleading information which is prejudicial to the interest of the company.
5. The employer is liable to supervise the acts of the subordinates to prevent mismanagement.
6. The management shall prevent crime and disorder on the premises by implementing proper disciplinary policies and regulating the staff members.
7. It is the duty of the management to make sure that the customers and workers are safe.
8. The management should avoid mismanagement and safeguard the youngsters from injuries on the premises of the company (Butler et al., 2017).  
9. The management must update and renew the license of the organization from time to time and must comply with the provisions and amendments of the applicable acts including the Licensing Act 2013.
10. Also, the management must ensure that the organization acts according to the Food Standards Agency and the food safety standards. It comprises of safety of foods which are consumed, knowledge of the sources from where the food is procured and the rating of food hygiene on the premises of the organization (Sprenger, 2012).

The Food Standards Agency is accountable for ensuring food safety and hygiene in the organization operating in UK. It   assists the food related business for producing and selling quality and safe food. Also, it works with the local authorities to ensure that the produced food is aligned with the safety regulations (Hospitality: New Zealand, 2014).

 The provisions relating to the food safety and hygiene legislations are established by the UK administration to safeguard the interests of the customers. These guidelines have an impact on the operations of the licensed premises as they are bound by the act to abide by the legal norms in order to prevent penalties and claims. The management provides guidance to the staff members so that they comply with the code of conduct. According to the regulations of the food safety guidelines, the registered company is liable to provide quality and safe food to its consumers (Hewitson, 2013).

Additionally, the food safety guidelines also provide the regulations regarding food hygiene which motivate the organization to provide safe working environment to its staff members. To accomplish this purpose, the safety audit is conducted by the management for regular examination of the activities of the organization.  These policies direct the management of the pubs and bars dealing in alcoholic drinks to label them and to provide proper information regarding the value and measurement of these drinks .Moreover, as per Hazard Analysis Critical Control Point (HACCP), appropriate measures are taken by the management to avoid damages and to decrease the threat relating to the surroundings (Kolvin, 2013).

According to Home Office (2015) the manager is legally accountable for safeguarding the wellbeing and protection of the employees. The managements should be answerable for regulating and reducing the risk. A health and safety strategy shall be implemented to eliminate the work-related hazards and safeguard the employees from them. The management shall provide protective tools to the employees free of cost.

The employer is liable to authenticate and examine all the documents of the employees prior to their appointment on the premises.  It would ensure their relevancy and reliability. Also, the employees should be appointed only if they possess the appropriate academic and training qualifications. For example, if an employee is appointed for trade or distribute the alcohol in the licensed premises, then he should be major and properly qualified for this activity. The employed person should have taken the nationally accredited training (Muhunthan et al., 2017).  The employer is liable for the act of the employees, so he should make enquire properly before appointing any employee. In this way, the organization will have efficient staff which would result in less risk of injury to the customers and other staff members.  

The employer should train the employees to create an environment which is free from health and safety hazards. The staff members shall not be forced to work in an environment which is prone to health and safety hazards. There shall be provisions regarding the breaks at adequate intervals within a day for the employees and weekly holidays shall be provided to them. The salaries provided to them shall be according to the national wage standards (Murphy, 2015).

Discrimination Legislation is one of the important laws in UK which safeguards the citizens from prejudice in work place and society. It is essential to treat all the workers in the company in the same way. Job must be accessible to all the employees irrespective of their age, incapacity and other inequity. As per the Equality Act 2010, the employees are protected against any discrimination occurring on the workplace or in the society. Also, the Race Relations Act 1976, the Disability Discrimination Act 1995 and Sex Discrimination Act 1975 safeguards the workers against the favoritism made on the basis of sex, race, color and disability (Harwood, 2016).

According to the Act, biased behavior of manager based on the age, gender, religion and status is not acceptable.  It is illegal and has several monetary and penal punishments. This law is established with the intention to safeguard the workers from unfair judgments. It comprises of inappropriate terms and conditions, trainings, promotions and demotions transfer, factors of dismissal and other partial acts. If the manager is involved in such acts then he shall be liable to pay the penalties or get his license revoked.  The employer is also liable to compensate the damages to the victims else he will be imprisoned for a time period as mentioned in the act (Flint et al., 2016).

Besides this, the act also restricts the prejudice in accessing the goods and services, education and employment etc. The organization cannot deny proving food to the customer on the ground of his age, race and gender except when it is rational by the regulation or is in the interest of the community. A licensed premises serving alcohol can refuse serving it to a minor or food to a citizen of an enemy nation (Deveaux, 2015).

Conclusion

Thus, from the present project report, it can be concluded that license is mandatory for the organizations the activities of which are covered under the Licensing Act 2003. The Designated Premises Supervisor and individuals possessing the license are accountable for safeguarding and protecting the interest of the customers. If the organization provides misleading information to the consumers, then it has to face adverse legal consequences. Also, the consumers can avail beneficial remedies. If the act of the company leads to loss to the consumers financially, then it has to compensate the consumers and it will also be penalized by the regulatory authorities.  

The organizations carrying the activities mentioned under the Licensing Act 2003 must obtain license by following the legal procedures. They are liable to obtain a personal license to execute their commercial activities in the specified jurisdictions. A business trading in the supply and sale of edible stuff must abide by the regulations of Health and Safety at Work Act 1974 and Control of Noise at Work Regulations 2005.

The Food Standards Agency ensures safety and hygiene in the work places in the country. As per these regulations, the manager is accountable by law for wellbeing and protection of the employees at the work place. It is the obligation of the employer to inspect the activities of the subordinates to prevent mismanagement and to apply the policies which are established by law   in the routine activities. Also, according to Equality Act 2010 the employees are protected against any discrimination occurring either in the society or in the organization.

References

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