Legal Compliances Of A Restaurant: A Highlight On Policies And Regulations

Part 1

The report is a highlight on the legal compliances of a restaurant. It is an approach report basing on different policies that are required, highlighting to maintain regulation and also uphold the law in the different circumstances. The several policies and regulations are discussed to help with the legal line regarding the compliance of several regulations that are important for implication. The report is a help for the organization to draw up a plan of action to uphold all the necessary legislation that can formulate and also maintain the rules to keep the legal line of the business clear . The taxation is a real necessity as well as customer satisfaction 

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Answer 1.1:

Classic Curry is a restaurant based in Perth Australia, its principle attraction being the number of Indian cuisines that it serves to its customers. The restaurant with its new management and friendly services is slowly gaining recognition in Perth as one of the most approachable restaurants.

The restaurant operates with divided departments that include the kitchen, the delivery department, management and the hospitality section. The restaurant known for the more friendly services it provides, with a nexus of proper food handled by the excellent cooking department specializing in Indian cuisines, a prompt delivery service that also plays the plot well towards the target of achieving the functioning of a well-oiled business house.

Answer 1.2:

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A set of laws are always in nexus with the proper running of an organization, normally in line with the law system of the country, these laws are required not only for organizational safety but also the prohibition of law breaking.

  • Anti Discrimination laws: Divided into four legislations

Age Discrimination Act 2004: this act is generally in the boundary of the Human Rights Commission of Australia and any referred cases first filed under its ambience. The act is a reflection on care taken by the Australian authorities towards a proper eliminating discrimination regards to age in the various fields of service, goods, education and employment. Normally as other restaurants, Classic Curry does have a no discrimination policy towards age and anything related, thus entertaining a customer base ranging from the younger to the aged generation. Working 

Disability Discrimination Act, 1992:  This act thrives to bring about an equally sharing atmosphere for every individual in the federation. The act applies to this organization, where the equality in services or rather a special care is required for allotment towards these individuals, who visit the restaurant on a daily basis. There is a valid application of this act in the said organization, where eliminating discrimination, especially towards food, which is the reason for strife in the modern world. 

Part 2

Racial Discrimination Act 1975: Racial discrimination is a strong case of concern in the modern world, application of which is valid for all sorts of organization. The restaurant being no different where, the legislation takes the matter under its wings. 

Sex Discrimination Act 1984: The equality of men and women followed on a large scale, thus the application of this act is very important in the business sphere in terms of jobs and customer base. 

  • Australian Consumer Law:  The Australian Consumer, enforced by the Australian Competition and Consumer Commission, whereby the law gives an increasing protection against unfair trade practices and provides a safe environment for the consumers. The Consumer law will remain applicable in the business concern as the restaurant as the responsibility of care towards its customers. The consumer law regarding refund is simple, whereby a consumer is entitled to a refund only if his demands are hurt or not fulfilled, on other occasions refunds are not entitled. The applicability is valid for the restaurant as well. Exchanges and cancellation comes only when the defect is great enough not to replace or the minor problem has no space for rectification. The cancellation of service is applicable for the restaurant giving a no eye for the exchange case. Terms, conditions, and consumer contracts work hand in hand, if violated compensations are in order in that particular scenario.
  • Contracts: Australian Contract laws concern the agreements between individuals; in this case, it is more applicable to the restaurant concern because the agreement to deliver food to the customer is a valid contract between the concern and the individuals. The applicability is thus a valid one in terms of contract application.
  • Intellectual Property: Intellectual property governed by the following legislations in Australia, Patents Act 1990, Patents Regulations 1991, Trade Marks Act1995, Trade Marks Regulations 1995, Designs Act 2003,  Designs Regulations 2004 and Copyright act 1968, the food recipes prepared by the restaurant qualifies to be included as copyright. These regulatory legislations are important for intellectual property regulations, especially in restaurants where food is prepared based on different recipes.
  • Superannuation: Superannuation is normally a fund allocated towards the welfare of the employees of a company, the Australian legislation includes, Superannuation Act 1976, Superannuation (Resolution of Complaints) Act 1993, Superannuation Industry (Supervision) Act 1993, Superannuation Industry (Supervision) Regulations 1994. The taxation department, finance, The ASIC, The APRA, the department of human services regulates the legislations. Applications of these acts are there in the restaurant concern because a fund is normally allocated for employees compensation and benefit.
  • Environment Protection: The Federation of Australia has a single concentrated law based on environment protection namely, The Environment Protection and Biodiversity Conservation act, solely based on the protection of flora, fauna and the critical conditions of environment in Australia. The Environment Department remains as the regulatory body of the legislation. Environment matters usually forms an important part of any business concern, thus the duty of care towards the environment is essential, applying the law in the matter.
  • Australian Industrial Regulations and Fair Work Act 2009:  Workplace Relations Act 1996, Workplace Relations Regulations Act, AIRC rules, are the regulatory for the environment presented in the workspace, these regulations are important for the providing of better environment of work. A rather more free space for everyone to comply with, The Fair Work Act is dedicated more or less towards the same aspect, whereby it regulates the conditions of work, giving guidelines for employee and employer relationship. The law also includes National employment standards that require the 10 entitlements required for a worker.  The conditions apply to this business house because the same rules are required for implementation.
  • Local Community Protection : Care to the community is important on the part of the business concern, special care to be taken towards land management as regulated by the land reforms policy of the country and the care of duty is important to safeguard the community against any discrimination.   
  • Taxation: The laws regarding restaurant taxation comes under the common tax law statues as well as the GST applicable in the country. The applicability of this law in the restaurant sphere is important, taxation compliance remain the most important necessity for a going concern, for its survival in the market.
  • Insurance: The Australian legislation in Australia generally governed by the Insurance act of 1973, the Australian Prudential Regulation Authority and Australian Securities and Investment Commission remains responsible for the regulation of insurance law. The Insurance is a requirement in the modern age of uncertainty, whereby a concern can escape the evils of uncertain disaster. The same is applicable for the restaurant.
  • WHS: The OHS commonwealth regulations remain the governing legislation regarding work health and safety, outlining the duty of care taken for the people at work in the restaurant industry. The legislation applicable in the restaurant business where heat issues in the kitchen and questions of proper ventilation is often the issue.
  • Workers Compensation: The Safe Work Australia act 2008 is the governing legislation that has a control over the compensation of workers policy. The legislation is required in case of any injuries caused at workplaces or other work hazards that can prove fatal for the workers engaged in the industry. The hotel will have mild application regarding this regulation.
  • Food safety and Food standards Australian New Zealand act 1991: The regulation solely based for reviewing and checking on standard of food and the quality of it tagged along with it. The regulation chiefly applies to the restaurant concern because, it is very required in assessing the food supplied to customers, and degradation in standard can prove fatal for the concern and customers on a whole.
  • Liquor Licensing:

Liquor licensing regulated by four principle legislations in Australia. The National capital territory has the Liquor Act of 2010 controlled by the Department of Justice and Community Safety, the New South Wales legislation is Liquor Act 2007 controlled by the Office of Liquor, Gaming and Racing, Communities NSW. The Northern territory has the legislations Liquor Act and  Northern Territory Licensing Commission Act controlled by the Department of Justice, the Queensland regulation Liquor Act 1992 controlled by the Department of Employment, Economic Development and Innovation. These legislations take care of the liquor regulations. The regulations do not apply for the restaurant because

  • RSA: The responsible service of Alcohol is a regulation, followed by the hospitality industry people to know everything regards to alcohol consumption in Australia. These regulations aimed towards the hospitality industry. The regulations are though applicable but with little beverage supply in the restaurant, these regulations are quite not applicable.
  • RSG: The Responsible Service of Gambling is another regulation required to be in verse with the people of the hospitality industry where they are to be in familiarity with the gambling regulations of Australia. This regulation has no applicability in this restaurant business.

Four regulatory bodies that apply in the case are as follows:

1. Australian Taxation office: 

A statutory body that is responsible for the handling and collection of taxation from the miscellaneous fields concerned in the following area. The application of taxation for the restaurant concern Classic Curry is important because non-compliance with the taxation is a grave offence. A minor incident in the case will result in problems directly linked with the future of the concern. Failure to comply with the tax laws will lead to the attraction of Sec 8C of the Taxation Administration Act 1953 that clearly highlights a penalty in an excess of $2000, to a maximum of $4000 as awarded by the judge in the case. To set up a business the requirement of advice in the following matter is important, a consulting tax advocate or financial advisor is the requirement for the restaurant. Classic Curry should line them with the financial book keeping properly, or else the unnecessary situation of tax fraud arises, providing much uncomforting for the restaurant (Dixon and Nassios 2016)

2. Australian Consumer and Competition Commission: 

The commission is a consumer monitoring commission and a check to the unfair trade practices that exist in the land, the commission solely dedicated for the benefit of the consumers in the common wealth. Classic Curry has every reason to take care in the department of customer care regarding the food business and the other following related activities. The ACCC has a strict code of conduct regarding the execution of consumer laws, a minor problem or non-compliance in that regards may result in the imposition of a heavy fine in the form of $ 1.1 million for companies and $220000 in case of individuals. The Classic curry business house is required to hire a specialist in the food market to monitor their products and special care taken to protect the service factor as well, prevalent in the industry (Greenwood and Dwyer 2014).

3. IP Australia: 

A department under the line of Department of Industry acts as the regulatory body in cases of copyright infringement, falling under the category of intellectual property. The body is responsible for carrying out punishments for copyright infringement throughout the country. A punishment of non-compliance is great in the form of penalties ranging from $117000 to $ 585000, with an imprisonment up to five years, which remains as a severe punishment. The restaurant in this case should take care regarding recipes they use in the food making process; any infringement could be a problem for them (Hardy and Cooney 2016).

4. Food Standards Australia and New Zealand: 

A primary statutory body solely based on the monitoring of food standards in the country. The non-compliance with food standards remain one of the primary offences looked upon with high standards, thus enforcing the several laws imposed to bring about a compliance factor with the industry.   Supply of banned products can attract a fine of about $220000 for individuals and a fine of $ 1.1 million for corporations. The same is applicable for non-compliance with the standards of food served. The maintenance of standards thus remains a high priority (Lazpoulos Friedman and Van Camp 2016). 

The concern Classic Curry has the duty to comply with all the standards and legislations. The failure to which will lead to penalties in certain circumstances but also extends up the case of imprisonment for the organization. A proper planning regarding the legal matters require the advice of not only the regulatory bodies but also lawyers who are well aware about the legal policies.

A set of questions may solve the purpose.

  • What are the premiere requirements to comply with the tax system?
  • What are the rules regarding anti discrimination laws? Methods, of gender equality.
  • What remain the primary factors to satisfy consumer contracts?
  • What is the safety standards maintained about food service?
  • What are Intellectual property rights? What are their limitations and advantages?
  • What are the conditions maintained for worker safety? What are the regulatory legislations in relation to worker’s fund?
  • What requires insurance? What are the minimum insurance standards maintained? What
  • What is the food safety standards maintained in the restaurants?
  • What are the licensing guidelines?
  • What are the land agreements in question? What is the community services required to satisfy?
  • What is the environment criteria required to maintain?

The core cases that are required to be paid attention listed above makes an increasing effort to sort out most issues. These issues identified and discussed consulted with the appropriate people to comply with system.

3.1:

The two policies outlined in this regards based on Taxation and work health.

Taxation and Health Policy of workers: The taxation policy outlined is out in line with the taxation policies of Australia. The work health conditions should comply with the OHS guidelines.

Staff participation is important here, the hiring of specialized people for the taxation policies framed is important. The staff participation includes taking care with the cash receipts, keeping record of accounts, also the maintenance of records are important for the sake of the restaurant. The system of keeping a proper work environment and safety regarding heat and proper ventilation system for the workers are a necessity.

The compliance with keeping record and maintaining receipts are mandatory in terms of compliance with the legislation. The violation of which will lead to a problem and compliance is necessary. Compliance with the OHS regulations is necessary to maintain health standards of the workers, where proper care required addressing all the issues in question.

Responsibilities are important for the time being in the case of maintenance of records and accounts so that in time the taxation measured out in accordance with the rules. Rights of the employee include the right of heard in times of need and the right to remuneration for maintaining records. A worker has the right to work under safe environment and the OHS legislations give the rights to work in a safe environment.

The other things followed ranges from responsibility of maintenance towards their duties and the maintenance of records from cash accounts to other bills are necessary to comply.

Key activities prohibited by the law include tax evasion in the form of sales reduced or cut off illegally, and the other issues include a duty of care as per the OHS legislation. The breach of which is fatally punished by any organization including the restaurant.

Auditing and inspection done for the taxation case in the form of check up in the accounts system, cash receipts, bills and other assets and liabilities on record. The work health review is important as an audit required to check the ventilation system, heat-escaping situations and worker’s health conditions reviewed. The auditing is important.

The training of employees in the field of bookkeeping and also the maintenance of health of workers through proper classes taken by experts in the form of physical demonstration and educating them in tally. The maintenance workers profile and also showing people to tally the requirements of the concern should be shown.

The person in charge should in time-to-time basis report the statutory requirement to the workers in the restaurant and the people in the health department are necessary, are under the obligation to transfer their knowledge of the legislation to the people needed addressing.

3.2:

There should be a template to distribute to the people in work before the working hours to convey the necessary messages implemented. A proper notice pinned to the common blackboard, which requires notice by the employees. A common space for notification is required.

3.3:

The maintenance of business is the basis of any organization. Procedures such as proper management, good services, tax compliance, proper health management, and the most necessary of them all customer satisfaction should remain the focus of the restaurant.

The restaurant can hire proper people in management, auditors to check their conditions, maintenance of records and time to time work inspection in terms of food and customer satisfaction.   These are certain procedures to maintain the business.

3.4:

Policies are important for compliance. The law is a living example of such norms. Policies provide the required norms for the implementation of the statutory regulations in the restaurant. Policies bring about discipline, thus the necessity for its implementation in the industries.

3.5:

The updates on legislations and statutory things often placed in the official web address and the owner needs to keep himself updated with the systems. The regular law journals are required to keep an update on all the legislations and amendments. The leader is supposed to understand these and report the same to the employees in order to keep proper compliance.

3.6:

On hiring a contractor, difference regarding employee and contractor requires identification. The tax compliance differs in the case of employees and that of contractors, the contractors being individuals can maintain their own taxes hence amount holding is not mandatory. Duty of care is mandatory for the hirers and in accordance to the contract act all the laws must be maintained.

3.7:

The insurances required are

Law:

The following insurances are required to escape the ambience of law.

Fires, Public Liability, Employees Liability, Money, and Employment Practices Liability are the following insurances that are required for the organization.

Optional Insurance:

The optional insurances that are required are:

Professional indemnity insurance, product liability, general property insurance, products liability insurance electrical breakdown insurance are some of the insurances not compulsory..
3.8:

The manager has a lot to offer in the industry, where the manager is put in place with many activities like the maintenance of financial records, management of the proper services and monitoring the activities of the employees.

There are two shortfalls in the position. First being the lack of friendly activities between the management and the employees and the secondly lack of recreational activities in the restaurant. The two activities need rectification in the form of proper recreational activities and other exciting jobs for the employees.

3.9:

The conduction of sessions, whereby making them aware of the policies and the regulations that are in line of requirement. The continuous interviewing and notices will allow the compliance system to work completely. 

Conclusion  

The report draws up the conclusion that if a proper planning is sorted out then the business house can attain a level of legal compliance that is free from distortion. The legal system of any country needs following in accordance with the legislations, the report highlights the needs of the business house to comply with the statutes and also formulate policies that are necessary to run the organization. The different departments that need rectification, and the compliance are highlighted thus giving it the necessary space to complete processes.

References  

Dixon, J.M. and Nassios, J., 2016. Modelling the impacts of a cut to company tax in Australia. Centre for Policy Studies, Victoria University. 

Greenwood, V. and Dwyer, L., 2014. Challenges to consumer protection legislation in tourism contexts. Journal of Tourism Consumption and Practice Volume, 6(2). 

Hardy, T. and Cooney, S., 2016. The Transformation of Enforcement of Minimum Employment Standards in Australia: A Review of the FWO’s Activities from 2006-2012. Centre for Employment and Labour Relations. Law Melbourne Law School. 

Lazpoulos Friedman, L. and Van Camp, W., 2016. Pitfalls of the Food Safety Modernization Act: Enhanced Regulation, Minimal Consumer Benefit, and Zero Tolerance Levels for Naturally-Occurring Trace Pathogens. U. Miami Inter-Am. L. Rev., 48, p.13.