Legal Requirements For Compliance: Research And Identify

You have been employed as the F&B Manager with RT Hotels for 2 years.

The Board has recently decided to use the full potential of the Beach Café which is part of the Hotel’s operation in Melbourne.

The property has seating for sixty (60) indoors and a terrace which has been underutilised, but can potentially provide seating for one hundred and fifty (150) guests. To date the operation catered for tourists and locals, serving light lunches and afternoon teas and patisseries during the afternoon.

It has now been decided to refurbish the place and apply for a liquor licence.

Once completed, the new RT Bar and Restaurant will operate 7 days a week, providing breakfast, lunch and dinner, as well as catering for functions.

The new operation will be overseen by you in your new role as Manager of the establishment.

The immediate task is to research the legal requirements for establishing and operating the establishment and to obtain the relevant licences and permits required.

The facts:

• The operation will operate as a company:  a new ABN is required.
• A liquor licence is sought for trading hours between 10.00 am and Midnight, 7 days per week.
• You will be the nominated licensee.
• The operation will employ approximately 15 full time and 10 casual staff during the first year plus 2 apprentice chefs.
• Payroll is managed by your HR manager.
• The annual turnover is expected to exceed $3.5 million per annum.
• You require all insurances common for such an operation.
• There will be advertising signage on posts on the approach to either side of the property.
• The establishment will be playing background music using CDs or iPod.
• All other requirements will be those typical for a licensed food premises (no Gambling).

Enter all details relevant for this type of operation including common aspects not listed above which apply for the industry.

1. Create a list or spreadsheet and categorically list all requirements, licences, support info, time frames (validity or due dates) and penalties where applicable.
2. List all the licensing and legal requirements and permits you have identified.
3. List the requirements to comply with the Food Act and the Australia New Zealand Food Standards Code.
4. List the procedures and requirements to obtain a liquor licence.
5. List all types of insurances you will require.
6. Provide an overview of your legal tax obligations and the penalties which apply for failing to comply with these.
7. List the requirements to comply with Fair work legislation.
8. List the Work Health & Safety (WHS) requirements for the establishment.
9. Identify any areas which require provisions for risk management and outline these.
10. Identify any area which may require the need for specialist legal advice.

In Part A you have researched and identified the legal requirements for the operation of a licensed restaurant.

Your task is now to access and interpret regulatory information and determine the scope of compliance for the operations of the in relation to at least six (6) different areas of compliance and develop a policy and procedures.

Choose six (6) from the following:

1. Accident and incident reporting
2. Customer service
3. Cancellations, refunds and exchanges
4. Equal employment opportunity (EEO)
5. Food handling and hygiene
6. Harassment
7. Responsible service of alcohol (RSA)
8. Transport, handling and storage of food
9. Work Health & Safety (WHS):
10. consultation
11. emergency evacuation

• hazard identification and risk assessment

1. occupational rehabilitation

Each policy needs to include:

1. Type of policy or procedure
2. The purpose
3. The procedures
4. The person(s) or hierarchy of personnel who will be responsible
5. The relevant forms or documents to be used (e.g. reporting form, accident/incident form etc.)
6. Version/Date to be reviewed

Write a short procedure outlining how you will address the following aspects for continuous improvement, communication and staying up to date:

1. Which systems could you use to ensure consistent evaluation of operational non-compliance?
2. How could these systems assist you to implement any modifications that may be required?
3. How will you ensure you stay up to date with changes in legislation and regulatory requirements to ensure compliance?
4. How can you ensure your staff at the relevant levels of responsibility will be consistently up to date with relevant information for changes as these occur?
5. Which type of documentation could assist you to manage compliance and continuous improvement? How should this be managed effectively?

Overview of Legal Requirements for Establishing and Operating a Restaurant

As a F&B manager in RT hotel for 2 years the board is looking at the identity of the legal requirements for compliance. First, there is the general operation license required to open a hotel. There are several requirements needed in compliance.

License Type	Time frames and supporting info	penalties
General business license	Valid for 1 years	$10,000
Food service or safety license	Valid for 1 years	$20,000
Location based permits	No validity date	-
Occupancy and alarm permits	Valid for 1 year	$10,000
Liquor license	Valid for 1 year	$10,000
Entertainment and relevant broadcast permits	Valid for 1 year	$10,000

Requirements to comply with food Act in New Zealand and Australia

One must be certified food vendor. He or she must pass through the health department to get the relevant approvals as a food vendor.

He must have relevant have relevant qualifications like academic qualifications in handling of food.

List all types of insurances you will require.

1. Food and beverage insurance
2. Transit or good in transit insurance
3. Fire insurance
4. Bar and hotel insurance
5. Food business insurance policy
6. Entertainment insurance
7. General insurance against any potential risk( comprehensive insurance)

Provide an overview of your legal tax obligations and the penalties which apply for failing to comply with these.

With failure to comply with these, the business faces potential closure and legal tax obligations. There is a minimum of $ 10,000 on every default or late payment .The personnel of the office must undergo mandatory bar and hotel examination upon admission to work and periodic bar and hotel examinations at least once every 12 months (Arenoe, et al, 2015).

All newly arrived to work in the office, as well as persons aimed at carrying out work in certain periods of time, should undergo an introductory briefing with the labor safety engineer. The results of the briefing are recorded in the logbook of the introductory briefing on labor protection. After that, the final registration of the newly arrived employee and the direction of his work place;

Everyone newly recruited to work in the office must undergo an initial briefing on labor protection in the workplace. All employees of the office undergo a repeated briefing at least once every 6 months. The results of the briefing are recorded in the briefing book at the workplace (Erdem, & Jiang, 2016).;

When entering the workplace and periodically at least once every 12 months, the personnel's knowledge of occupational safety issues should be checked in accordance with a program approved by the head;

The staff of the cabinet is obliged to observe the rules of internal labor regulations, the regimes of work and rest (Kumar, & Sharma, 2015);

When working in a dental office, the following dangerous and harmful production factors can be influenced by the personnel: guided in the work by the following instructions: their official, current, sanitary regime, manufacturing plants for equipment installed in the office;

- Possess the methods of providing first aid, know the location of the first-aid kit;

Food Act Requirements in Australia and New Zealand

- Know the fire safety rules and the location of fire extinguishing means;

The administration of the institution is obliged to provide uninterruptedly the employees of the department with sanitary clothes, overalls, special footwear and other safety devices (Espin and Gil-Padilla, 2015). The personnel of the cabinet are obliged to comply with the rules of personal hygiene, the rules for wearing sanitary clothing and footwear, personal protective equipment in accordance with paragraph of this manual (Ivanova, et al,2016).;

Instruction on the protection of labor for a hotel workers in the dow. APPROVED APPROVAL. Chairman of the trade union committee Head. Order. General requirements for labor protection. To perform the duties of the hotel workers of the preschool, persons who have reached one are allowed. The hotel workers must undergo an introductory and initial instruction on labor protection in the workplace, and familiarize himself with this instruction on labor protection for a hotel workers in the preschool (kindergarten).

A hotel workers in her job must: 1. When performing the duties of a hotel workers, the following production factors are likely to be affected: electric shock when switching on electric lighting, using damaged electrical outlets; damage by current when turning on and directly working with a bactericidal quartz lamp, bar and hotel or other equipment; violation of visual acuity in case of insufficient or incorrect illumination of the workplace; damage to the mucous membrane of the eye due to failure to perform safety procedures in the hotel workers's office there must be a bar and hotel first-aid kit with the necessary set of medications and first-aid dressings (Molina-Azorín, et al ,2015)..

The hotel workers in the DOW must comply with the fire fighting regime, follow the rules of fire safety, know the location of the primary means of extinguishing the fire, as well as the direction of the evacuation route when it occurs. If an accident occurs, the hotel workers must immediately provide first aid to the victim, inform the head of the pre-school educational institution about this, if the electrical equipment fails, immediately stop work and inform the deputy head of the AHR (manager) about this.

For occupational safety and for the prevention of occupational injuries, the hotel workers in the treatment room is provided with the following means.

In the process of performing the work, the hotel workers must comply with the rules for wearing work clothes, fulfill personal hygiene requirements, and keep the workplace clean. A hotel workers who fails to comply with or has violated the labor protection regulations for a hotel workers in a pre-school (kindergarten) is brought to disciplinary responsibility in accordance with established rules of the internal labor regulations and, if necessary, is subjected to an extraordinary examination of the knowledge of labor protection norms and rules. The hotel workers should be provided with a sanitary facility in accordance with the current San requirements. Requirements for labor protection before starting work.

Types of Insurances Required

Inspect the premises, make sure the electrical lighting is in good working order in the bar and hotel, procedural rooms, the insulator. Ventilate the bar and hotel office. Check the safety of your workplace, the proper arrangement of bar and hotel equipment and furniture, accessories.

Check the operation of the electrical outlet and other electrical appliances. To put in order working clothes: put on a clean bar and hotel gown, headdress; wear comfortable shoes with a low heel and with a closed heel; to fasten the sleeves of the sleeves. Requirements for labor protection during work. Keep medicines in specially designated places inaccessible to children, exclude access to medication by unauthorized persons.

We present to your attention the instruction on labor protection for the hotel workers inoculum and the procedure room. In the procedure room, the hotel workers fulfills all the doctor's prescriptions (subcutaneous, intramuscular, intravenous injections).

Use medicines strictly instructions for use. Use only individual sterile instruments, disposable gloves. To monitor the availability of medications in first-aid kits in the groups, kitchen, laundry and other premises of the preschool. Sterilize bar and hotel instruments only in specialized rooms (a treatment room). In the bar and hotel office, storage of medicines and reagents related to LWI is permitted. C and GZ (alcohol, ether, etc.)

Observe the requirements of the labor protection manual for the hotel workerss of the preschool, personal hygiene, sanitation, fire safety rules (Ramanathan, et al, 2016).. Use in the process of work only serviceable equipment. Keep track of the cleanliness and order in the workplace of a hotel workers. Know the ways of evacuation in case of fire, the procedure for dealing with a fire, be able to use the primary fire extinguishing means (powder fire extinguisher).

In case of poor illumination of the workplace, use a safe table lamp for additional lighting. When working with bar and hotel equipment, take precautionary measures against electric shock: do not connect to the mains and switch off the devices with wet and damp hands; do not break the line (Sierag, et al,2017)

References

Arenoe, B., van der Rest, J. P. I., & Kattuman, P. (2015). Game theoretic pricing models in hotel revenue management: An equilibrium choice-based conjoint analysis approach. Tourism Management, 51, 96-102.

Erdem, M., & Jiang, L. (2016). An overview of hotel revenue management research and emerging key patterns in the third millennium. Journal of Hospitality and Tourism Technology, 7(3), 300-312.

Espino-Rodríguez, T.F. and Gil-Padilla, A.M., 2015. The structural and infrastructural decisions of operations management in the hotel sector and their impact on organizational performance. Tourism and Hospitality Research, 15(1), pp.3-18.

Ivanova, M., Ivanov, S., & Magnini, V. P. (Eds.). (2016). The Routledge handbook of hotel chain management. Routledge.

Kumar, S., & Sharma, S. (2015). Opinion on Pre & Post on-the-Job-Training Experiences of under Graduate Hotel Management Students-A Study of Kurukshetra. The International Journal of Business & Management, 3(9), 143.

Molina-Azorín, J. F., Tarí, J. J., Pereira-Moliner, J., López-Gamero, M. D., & Pertusa-Ortega, E. M. (2015). The effects of quality and environmental management on competitive advantage: A mixed methods study in the hotel industry. Tourism Management, 50, 41-54.

Ramanathan, R., Ramanathan, U., & Zhang, Y. (2016). Linking operations, marketing and environmental capabilities and diversification to hotel performance: A data envelopment analysis approach. International Journal of Production Economics, 176, 111-122.

Sierag, D., Rest, J. P. V. D., Koole, G., Mei, R. V. D., & Zwart, B. (2017). A call for exploratory data analysis in revenue management forecasting: a case study of a small and independent hotel in The Netherlands. International Journal of Revenue Management, 10(1), 28-51.