The Legal Framework for the College Restaurant - Essay Example

?Report on the Legal Framework for the College Restaurant (After Takeover) Table of Contents Executive summary 2 0 Introduction 2 2.0 Summary of the case study 4 3.0 Licensing 4 3.1 Implication of the licensing legislation on the college restaurant 5 4.0 Food hygiene and food law code of practice 6 4.1 Implications of the food hygiene and food law code of practice on the college restaurant 8 5.0 The healthy and safety at work etc (Act of 1974) 9 5.1 Implications of the healthy and safety at work Act of 1974 on the college restaurant 9 6.0 Conclusion 10 References 10 Bercusson, B. (2009). European Labour Law. UK: Cambridge University Press 10 Pannett, A. (1992). Principles of Hotel and Catering Law. (3rd Edition). U.S: Cengage Learning EMEA 11 Executive summary This is present paper is a report that focuses on the legislations, which are applicable in the restaurant industry as observed during the personal experience of being in-charge of the college restaurant. The report will also summarize the implications of the identified legislations to the college restaurant. In this regard, the report will highlight how each of the legislations affecting the restaurant industry and in particular, the college restaurant affects it, the customers, and the staffs who are students at the college. Secondly, it will highlight on the rights and responsibilities of the stakeholders as required by the legislation or how their roles are affected by the legislations. Thirdly, the report will also state the penalties that the college restaurant or members of staff may face if they fail to abide by the legislations. Among the laws that will be reviewed by the report which affect the restaurant industry include laws pertaining to licensing, food hygiene, health and safety laws for workplaces, and fire safety laws. 1.0 Introduction With reference to the writings by Pannett (1992), he wrote that in general the constitution is a tool that stipulates what is legally and morally correct in most issues such as politics and even business issues. The constitution further spells out legislations pertaining to specific industries, and these legislations are mainly used as guidelines to ensure that industry players engage in fair practices without compromising the quality of their product and/ or service, and that they engage in health competition which will not undermine the spirit of fair business participation. Pannett (1992) further added that some industries are less regulated while others are heavily regulated but this is mainly determined by the nature of the business involved in the industry, the sensitivity of the products and/ or services, the category of consumers served by the industry players, and overall government and public interest on the industry. For example, the entertainment industry is less regulated or has few related legislations because the products and services that it offers to revelers are not highly sensitive, more over for entertainment to be real and enjoyable it is not supposed to be heavily regulated. However, the restaurant industry is highly regulated because of the sensitivity of the products and services that it offers to its customers. In this regard, Barth et al. (2007) noted that food largely determines that health of a person and therefore, the health of a nation can be influenced by the restaurant industry, which specializes in food and beverage. For this reason, it has to be heavily regulated to ensure that the health of customers as well as the staffs is not endangered. Barth et al. (2007) stated that the most common and universal legislation in the restaurant industry is the legislations that addresses hygiene of the restaurants and in particular, where and how food is prepared. This legislation is commonly applied to ensure that restaurants prepare their dishes in a health and clean manner that cannot in anyway endanger the health or life of the customers. The report will focus on the restaurant industry and it will further highlight on the other legislations that affect the restaurant industry and the implications they have on the college restaurant. 2.0 Summary of the case study It is significant to highlight on the fact that the report has been written based on a case study of the college restaurant. The preparation of the report was based on the experience and observations made in relation to the legislations that affect the college restaurant. The college restaurant is open to the public during lunch hours and during the evening from 6 pm to 9 pm when it serves alcoholic drinks to students and members of the college staff. The college restaurant’s staffs are students who undertake this task as part of their study program and hence they work without pay. Thus, because of the fact that the restaurant’s staffs are student who work free, the report will not discuss payroll laws for the restaurant industry since the laws are not pertinent to the college restaurant. 3.0 Licensing It evident from the numerous walls posting of licenses around the college restaurant that licensing of a restaurant business is a very complex process perhaps because of the numerous legislations that govern the restaurant industry, moreover the inclusion of alcoholic drinks on the menu of the college restaurant further increase the complexities of the licensing process. According to Manchester et al. (2008), licensing of businesses in the United Kingdom is mainly spelt out in the licensing act of 2003 and ever since the enactment of this bill in the year 2003, the approval of license applications has been the key mandate of the Council licensing team. Manchester et al. (2008) noted that licensing of restaurants takes into account various factors that include food services that will be offered to clients, if the restaurants will provide seating spaces for customers or whether it will serve food on take away basis only. The licensing requirement will also consider the seating capacity of the proposed restaurant and whether the restaurant will allow patrons to engage in dancing and/ or whether the restaurant will offer live entertainment. Barth et al. (2007) stated that these requirements are used to classify the restaurant and thereafter decide on the formal classification of the restaurant within the licensing act, the duration of the license, the license fees, and even the application fee for the license. Furthermore, these requirements will also provide a clue of the range of tax that should be paid by the restaurant. Rainsford and Bangs (2000) additionally stated that before the license of a restaurant is issued, the applicant first has to present a certificate of occupation to show compliance of zoning regulations. This will certify the restaurant that will be opened is situated in a suitable location that is clean and free from excessive pollution. Secondly, the applicant also has to present a food services license and a liquor license. Thirdly, the applicant has to present a tax registration form for the business in order to certify that the restaurant will abide by tax laws and it will be willing and ready to pay taxes. Rainsford and Bangs (2000) further added that the restaurant owner has to present an approval from the department of health inspection showing the business has been inspected and it has received approval to operate. The restaurant also has to confirm to the licensing council that it has a certified food supervisor who will be at the premises, more so when the college restaurant will be open to the public. 3.1 Implication of the licensing legislation on the college restaurant It is evident that the licensing legislations for a restaurant are complex and involve various bureaucracies but it can be argued that the vigorous licensing process aim at hindering unworthy or unprofessional players from participating in the industry. Since the college restaurant is already established, it is correct to assert that it already obliged with all the requirements and hence why it was able to obtain its license. However, because of the fact that it has already been licensed it means that it cannot change its business model without seeking for an amendment of its license. For example, it is registered as a college restaurant and therefore, it cannot become wholly commercial i.e. operating like other commercial restaurants such as McDonald’s without seeking for approval and issuance of a new license from the licensing council. Secondly, because of the fact that it currently only serve lunch to the public it means that it cannot serve breakfast and/ or supper without first seeking for approval and issuance of a new license from the licensing council. Thirdly, it will be impossible for the restaurant to adjust its operating hours without first notifying the licensing council. Summarily, the implications of the licensing legislation to the college restaurant is that it cannot operate in a manner other than the one stipulated during the licensing process and it cannot also offer other services or products other than the one stipulated during the licensing process. Therefore, if the college restaurant engages in other activities other than the ones stipulated on the license, the local authority may impose a penalty on the business depending on the violation and if it is an excessive violation of the licensing regulation, the local authority has the power to close down the college restaurant. 4.0 Food hygiene and food law code of practice Another significant law in the legal framework that affected the college restaurant was the food hygiene and food law code of practices. With reference to the writings by DuBoff and O. King (2006), the most crucial regulations under food hygiene and food law code of practices are the regulation (EC) No. 852/2004 on the hygiene of foods that are served and the food hygiene regulations of 2006. DuBoff and O. King (2006) further added that these two laws stipulate the hygiene requirements at all levels within a business from the facilities level to the personal hygiene of staffs. Goodburn (2001) stated that the body mandated to ensure compliance with the food hygiene and general food law is the Food Standard Agency, which is a statutory body established to safeguard the UK’s public health and other interest of consumers in regards to food and beverages. Through the Food Standards Agency, the college restaurant has to abide by the laid down regulations that stipulates how the restaurant premises should be designed, constructed, and even its size. Under the regulations affecting restaurant premises, the food hygiene laws also dictates that the college restaurant should have hand-washing facilities and even it dictates on how the toilet facilities with the restaurant should be designed and maintained. Thirdly, under the laws governing on premises, the ventilation of restaurants is also discussed (Meggitt, 2003). The food hygiene and general food law prescribe the rooms where food should be prepared, treated, or processed within the restaurant, the transport facilities that should be used to transport foodstuffs from and into the college restaurant. Thirdly, the equipments that should be used in the college restaurant, how waste food should be handled, and the level of water supply required in sustaining normal and hygienic operations within the college restaurant. Moreover, the laws goes ahead to even prescribe on good food hygiene such as the cleaning, chilling, and cooking of foodstuffs (Meggitt, 2003). Knowles (2012) stated that in order to ensure the compliance and implementation of food hygiene and general food laws, the Food Standards Agency established the National Food Hygiene Rating Scheme (NFHRS). The NFHRS gives the consumers, staffs and other stakeholders information about the hygiene standards of a place where food is served such as restaurants, cafeterias, pubs, hotels, and food shops or courts. The rate of hygiene within a place is determined with how hygienically food is handled, the condition of the premises, how the safety of food is managed and documented. The ratings range from zero to five, with five being the highest score, and therefore, it means that if the college restaurant displays a score of either four or five at the door it means that it is highly hygienic while a score of either zero to two means the college restaurant has poor levels of hygiene. 4.1 Implications of the food hygiene and food law code of practice on the college restaurant Summarily, it can be stated that the food hygiene and food law code of practices that affect places where food is served to the public in the UK largely influence how a restaurant will operate. To begin with the premises of the college restaurant has to be in conformity with the regulations stipulated by the Food Standards Agency and therefore, if it is non-compliant it has to be reconstructed to ensure that it conform to regulations pertaining to issues such as ventilation, toilets, and hand washing facilities. Secondly, the law affects employees since it dictates that the college restaurant can only allow students with good health and hygiene to operate the restaurant and the laws encourages the customers to check on the hygiene rating of the college restaurant. The compliance of the hygiene laws is a duty also delegated to the students who operate the college restaurant and non-compliance may attract fines. Secondly, the restaurant can be ordered to close down until it conforms to the regulations, and in most cases, non-compliance attracts low rating. Meggitt (2003) lamented that low ratings will portray a negative public image for the restaurant and the college restaurant will most likely lose many customers include even the other college students because of the low ratings. 5.0 The healthy and safety at work etc (Act of 1974) According to Hughes and Ferrett (2011), this act stipulates the rules and regulations that govern the welfare, safety, and health at work places in the United Kingdom. The act stipulates the general duties of employees, the employers, suppliers, and contractors. Moreover, it even stipulates the substances for use at work, the people in-charge of the work places, and those who manage and maintain them. Bercusson (2009) stated that the key objective of the act is to secure the welfare, safety, and health of people while they are at their work places. Secondly, the act seeks to protect people from risks that could negatively affect their health and safety while performing their duties at the workplaces. 5.1 Implications of the healthy and safety at work Act of 1974 on the college restaurant First, the act requires that the college administration to ensure that the premises of the college restaurant is in good state at all times and it does not in any way pose a danger to the health and safety of the students who work there and even customers who visit the restaurant. As for the students who act as staffs, they are expected by the act to perform their duties in a manner that will not endanger their health in any way. Equally, customers are expected to use the facilities of the college restaurant in such a manner that their health and safety is not at jeopardy. Bercusson (2009) noted that non-compliance with the health and safety at work etc Act of 1974 attracts unlimited penalties and imprisonment for up to two years for the owner of the restaurants and in this case the college administration/ management if they fail to secure the health and safety of staffs and customers of the college restaurant. It is important to note that in the studies conducted by Hughes and Ferrett (2011), they stated that the health and safety at work Act of 1974 has covered most of the issues covered under the fire safety law. Therefore, the compliance or violation of the health and safety at work etc Act of 1974 is in greater extent equals the compliance or violation of the fire safety law. 6.0 Conclusion This present report has established that the restaurant industry and in particular the college restaurant is under a wide legal framework mainly because of the sensitivity of the products that it offers. The licensing, food hygiene, health and safety legislations all bear significant impact on the college restaurant. However, the food hygiene and general food laws ensure that the college restaurant is always aware and keen on the hygiene standards within the restaurant. The law on hygiene is crucial since a violation can kill a business because almost no customer will be willing to either eat or drink at a restaurant where the hygiene standards are questionable. Therefore, it can be conclusively stated that in order to run a successful restaurant business in the United Kingdom a person should be willing and keen in order to abide with the food hygiene and general food laws. References Barth, S. Hayes, D. and Ninemeier, J. (2007). Restaurant: Law Basics. Chichester, UK: John Wiley & Sons, Inc Bercusson, B. (2009). European Labour Law. UK: Cambridge University Press DuBoff, L. and O. King, C. (2006) The Law for Restaurants and Others in the Food Industry: U.S: Sphinx Publications Goodburn, K. (2001). European Food Law: A Practical Guide. Cambridge, UK: Woodhead Publishing Hughes, P. and Ferrett, E. (2011).Introduction to Health and Safety at Work. (5th edition). London, UK: Routledge Knowles, T. (2012). Food Safety in the Hospitality Industry. London, UK: Routledge Publishers Manchester, C. Poppleston, S. and Allen, J. (2008). Alcohol and Entertainment Licensing Law. (2nd Edition). UK: Taylor & Franics Meggitt, C. (2003). Food Hygiene and Safety: A Handbook for Care Practitioners. UK: Heinemann Publications Pannett, A. (1992). Principles of Hotel and Catering Law. (3rd Edition). U.S: Cengage Learning EMEA Rainsford, P. and Bangs, D. (2000). Restaurant Start-Up Guide. Berkshire, UK: Kaplan Publications Read More