Introduction:
This unit describes the performance outcomes, skills and knowledge required to comply with laws and licensing requirements for specific business operations. It requires the ability to access and interpret regulatory information, determine scope of compliance, develop, implement and continuously review and update policies and practices for business compliance.
Instructions- Assessment brief:
For this assessment, you will need to obtain information on all legal requirements for the operation of a commercial hospitality business.
Scenario:
Congratulations, you have recently purchased venue X in the capital of your state (for example, Sydney if you live in NSW). Venue X has been an important venue on the live music scene in your state for years. It is well known for its indie music, live gigs, as well as serving great food, having a bottle shop, poker machines and also accommodation- important components to any hospitality business, with its multi-purpose license.
You have been working as a manager in the hospitality industry for five years and have now decided that it is time for you to take the next step and purchase your own place- Venue X. You have never previously been a business owner but you are very excited at the prospect of being your own boss. Your challenge now is to register your business and follow all legal requirements to ensure compliance with legislation.
In your report you must include the following areas:
Taxation requirements and obligations
Types of insurance policies required
Licenses required (e.g. liquor license)
Regulatory policies and procedures
Information updates and accessibility
Assessment Task: Research Report – Hospitality Law
Version 2:
PART 1:
Business Operation:
Outline the type of business that you have chosen to open and the facilities that you will operate in your venue. You must choose at least 3 or more from the list below (you do not need to include all of them):
Bottle Shop/ Wine shop
Live Music Venue
Gaming Machines
Restaurant (Indoor/Outdoor seating)
Bar/s
Accommodation
External catering events
You may choose to base your venture on a similar venue that already exists and use this company as your template, alternatively you can create your own hypothetical business
Business Structure:
Choose a business structure and explain why you have chosen this particular structure for your new business.
Choose between sole trader/partnership/company, and include a short description of which business structure you have chosen, inclusive of why you have made this decision, alongside the pros and cons. In your answer you should make reference to limited/unlimited liability.
Legal Obligations and Requirements.
You are required to outline the points below regarding the registration of your business:
A tax file number (TFN) and its purpose
An Australian business number (ABN) and its purpose
Goods and services tax (GST), and its purpose
Pay as you go (PAYG) withholding.
Include the following in your answer:
What it is?
Why your business needs one,
How you apply for each one, including step-by-step guide in order to ensure legal compliance and a website link if required?
Assessment Task: Research Report – Hospitality Law
Version:
Include what the implications would be to your business of non-compliance with any of these regulatory bodies>
Specialist Legal Advice:
Should you need advice setting up your new business, identify what type of legal advice you may seek. Give three examples of different sources of legal advice that would be beneficial to your new business, explain why you have selected this body/company or organisation- include a website or link to the company.
PART:
Different insurance policies required for business compliance
List four insurance policies that would be essential in order to operate your business and explain in detail what each entails.
In your answer you should explain the 3 main insurances that are pre- requisites for any business to open.
Explain what each insurance covers and why a business needs it.
- Superannuation
- Public Liability
- Workers Compensation
For the 4th insurance, you may choose any one of the business insurances that are in your workbook.
Statutory reporting requirements for businesses
Outline what records/reports must be completed and why in order to comply with legislation and statutory requirements for either workers compensation or public liability incidents. Include in your answer provisions for accident/injury reporting.
Assessment Task: Research Report –Hospitality Law
PART:
Licences required (e.g. liquor licence)
Discuss the following in detail:
Identify what type of license/s are required for your venue based on the facilities that you have chosen to operate at your venue- this may include accommodation, bottle shop, gambling machines, food and live music.
Explain the purpose of each license type that you would require.
You would need to look at whether you require on or off premise license/ small bar license/entertainment etc.
Obtaining the relevant license:
How to obtain the relevant licence/s required in your state in order to operate your venue (this should be illustrated in a step by step format or a flow chart)
Outline the required documentation that would need to be submitted
Include the links to relevant websites and documentation that is required.
It may be beneficial to access the OLGR website of your state and download and read through how to obtain an alcohol license. There is an example of a flowchart on this website, however you may find that not all parts are relevant to your assignment. Most importantly, use this as a guide and create a flowchart, which reflects the steps that you would follow when applying.
Non Compliance:
List 5 potential violations to your license that could cease your venue to operate if they were to take place.
Highlight the potential risks, penalties and consequences of non-compliance.
Outline key strategies that you would implement to ensure compliance with up-to-date legislation and policies and procedures. .
Outline a technique to continuously evaluate business operations for non-compliance and implement modifications.
Summarise ways in which these strategies would be communicated to your staff.
Create a template for an in house memo that will be sent to key staff notifying them of changes/updates to policies/procedures due to recent legislation changes.
Licensee Responsibilities:
Identify and explain the responsibilities of a licensee. (At least four responsibilities.)
Assessment Task: Research Report – Hospitality Law
Include three examples of the relevant signage that needs to be displayed.
Include a list of responsibilities, such as ensuring that all staff employed have a current and up to date RSA issued in the relevant state. Include at least 4 responsibilities.
PART:
Regulatory Policies and Procedures:
Identify six different regulatory policies and procedures that are required by law to be implemented by your business. For example, this may include any of the following:
- EEO
- Food handling and hygiene
- Harassment
- Local community protection
- Minimal impact practices to reduce negative environmental impacts of water, energy and site use
- Responsible conduct of gaming
- Transport, handling and storage of food
- Waste management
- Work health and safety
- Hazard identification and risk assessment
- Occupational rehabilitation.
Implementation.
Choose four of the policies and procedures which you identified in section and explain the following points:
Why it is imperative for this policy to be implemented within your workplace? (Include three reasons for each policy.)
For example, explain why it is important to ensure the provision of a safe working place as per the Occupational Health and Safety Act/ or why it is important to comply with the minimum award wages and provisions.
What would be the potential consequences should the business not comply with the standards set by the regulatory body. For example if the organisation were not to have an anti-harassment and bullying procedure what would be the potential ramifications.
Employer/employee responsibilities.
Outline the responsibilities of an employer to an employee and vice versa (include 5 responsibilities for each.
PART:
Sourcing relevant industry information For the subsequent acronyms, find out the following: ? What does the acronym/name stand for ? Explain what the organisation does ? Provide a link to their website ? Explain why it may be necessary for your business to keep up to date with these regulatory bodies. (a) FWC (b) OLGR (c) United Voice (d) FSANZ
For a report format it is imperative that students use headings, sub headings, and numerically list all sections that correspond with the contents page of the report. Also include a reference list at the end.
Criteria Instructions:
1. Research information required for legal compliance
2. Develop and communicate policies and procedures for legal compliance
3. Ensure compliance with legal requirements
4. Demonstrate personal and organisational knowledge of regulatory requirements
5. Submission of assessment in a report format, including executive summary, contents page, headings, subheadings, reference list and applicable appendices.