Foodora Restaurant: Comprehensive Regulatory Compliance Report

Verified

Added on  2020/10/23

|20
|6563
|166
Report
AI Summary
This report examines the regulatory and legal compliance requirements for the Foodora Group of Hotels' new ocean bar and restaurant in Australia. The assignment addresses various aspects of business operation, including the necessary licenses and permits (liquor license, food service license, etc.), compliance with food safety standards (Food Act and Australia New Zealand Food Standard Code), and adherence to employment standards (National Employment Standards and EEO). It also covers legal tax obligations, WHS requirements, risk management, and the need for specialist legal advice. The report details the research process, identifies key information sources, outlines penalties for non-compliance, and provides insights into standard operating procedures, staff training, and staying updated with legislative changes. Furthermore, it explores the importance of contractor licensing, required documentation, and debt liability in different business structures, offering a comprehensive overview of the legal landscape for the restaurant's successful establishment and operation.
Document Page
RESEARCH AND COMPLY
WITH REGULATORY
REQUIREMENTS
tabler-icon-diamond-filled.svg

Paraphrase This Document

Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Document Page
Table of Contents
INTRODUCTION................................................................................................................................3
PART A( Written questions).................................................................................................................3
PART B (Project)..................................................................................................................................7
PART A.................................................................................................................................................7
1. Create a list of all requirement, licenses, support info, time frames and penalties.................7
2) All licensing and legal requirement and permits that are identified.......................................8
3. Requirements to comply with Food Act and Australia new Zealand Food standard Code.....8
4) Requirements to comply with food Act at State and Local levels..........................................9
5) The procedures & requirements to extend liquor license.......................................................9
6) legislative requirement that apply for liquor license ..........................................................10
7) All types of Insurance required for restaurant......................................................................10
8) Overview of Legal tax obligation including payroll tax and super and the penalties applicable
for the same...............................................................................................................................10
9) Requirements to comply with National Employment Standards and EEO aspects for recruiting
the staff......................................................................................................................................11
10) WHS requirement for the restaurant ..................................................................................12
11) Areas require provision for risk management ....................................................................13
12) Area require need for specialist legal advice .....................................................................13
PART B...............................................................................................................................................13
Question 1 Requirements to be complied with the food act and Australia New Zeeland food
standard code.............................................................................................................................13
Question 2 Requirements to be complied with food act at local and state levels.....................13
Question 3 Licensing requirements of alcohol services............................................................14
Question 4 Legal tax obligations in Australia...........................................................................14
Question 5 Requirements of national employment standards and EEO aspects to be considered
while recruitment of staff..........................................................................................................15
Question 6 Requirements of WHS in context with harassment policy of company.................15
PART C...............................................................................................................................................16
Question 1 System that can be used to ensure evaluation of any non compliance...................16
Question 2 Assistance of implementation of various systems in implementation of modification
in compliance of law.................................................................................................................16
Question 3 Staying up to date with the changes legislative laws, rules and regulations in the
country......................................................................................................................................17
Question 4 Ensuring that staff is up to date about all the changes ins relevant information ...17
Question 5 Documentations that can be used to assist management of compliances and regular
improvement ............................................................................................................................18
CONCLUSION..................................................................................................................................18
REFERENCES...................................................................................................................................20
Document Page
INTRODUCTION
Compliance with the regulatory requirement is mandatory for the organisation operating in
the industry. There are various laws and regulations which are formulated for operating the
business. This assignment will be based on Foodora Group of Hotels which is going to start its
operation on the Sea Shores. The new foodora ocean bar and restaurant will operate 7 days a week,
providing breakfast, lunch and dinner. It provides seating for 150 guests. This study will include
the legal requirement required for establishing and operating the establishment to obtain the
relevant licences and permits. Moreover, It will provide understanding of the policies and
procedures . Furthermore, this assignment will include compliance of the regal requirement and for
continuous improvement of the restaurant operations.
PART A( Written questions)
1. 4 sources of information of researching legal information in the industry
audit reports of company
company's website
articles of association of business
peer reviews of firm
Website for small business owner and operators, particularly for legal compliance issues
simplybusiness.com <https://www.simplybusiness.co.uk/>
name of licences a TH&E industry business need to take
alcohol licence
Driving licence
4. Types of contract that need to enter for running a business
employment offer letter
service contracts
sales contract
stock purchase contract
Document Page
loan contracts
contract for using any website
5. Consequences of not complying with legislations and regulatory frameworks
business may need to pay fine
directors of owners may panellised by government
business may need to pay higher amount of interest to government
6. Penalties for not complying with the Travel Agents Act
The person carrying the business of travel agent have to hold the license for operating the
business as per the Travel Agents Acts. If the person does not comply with this have to pay the
penalty of $10,000 and imprisonment of 2 years
7.The penalties for Australians who commit child sex offences while overseas.
The Australian that commits child sex offences overseas is investigated and prosecuted
under Australian law. It includes the penalties of 25 years of imprisonments for individuals and
fines up to $825,000 for corporate bodies.
8.Five issues in industry for which there is need of Special legal advice
There is need for specialists advice for the following issues :
Advice relating to GST and other taxation advice.
Advice relating to Bullying and harassment in the organisation.
Advice for financial statement's misappropriation.
Legal is required in the issues relating to patent and copyrights.
Advice relating to various licenses for business.
9. Standard operating procedure help in ensuring legal compliance
Standard operating procedures creates uniform and detailed set of instructions for achieving
the organisation specified standards. This procedures Help in ensuring that the organisation is
complying with the legal framework by following the standard set assist in compliance.
10. Approval step of SOP help to Comply with WHS
Yes, SOP helps in complying with WHS as it provide safe standards for the workers which
helps in complying with the work and health safety at workplace. It develops new work practices
for ensuring safe workplace.
11. 7 duties of compliance manager
The following the duties of compliance manager :
tabler-icon-diamond-filled.svg

Paraphrase This Document

Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Document Page
It is responsible for managing the compliance activities.
Identify the need of audit.
It is responsible for identifying the management of the organisation.
The duty of compliance manager is to provide understanding to the firm regarding the
compliance of the various requirement.
It is the responsible to communicate legal matter regarding the compliance to the firm.
It is responsible for taking initiating for audit.
It is having the process manager responsibilities for compliance management process.
12. Three ways which can notify staff of updates to policies and procedures.
The three ways through which the organisation can communicate staff members regarding
the policies and procedures includes the following :
Through use of E- mails from the CEO.
Departmental communication.
Through posting policies.
13. Three ways which keep up-to date with legislation changes that may affect the industry
Maintaining contacts with the outsiders for the changes in legislation.
Through use of technology
Through reading newspapers.
14. Regulatory body from your industry that you may consult for compliance advice.
It includes local , state and government departments or regulatory agencies which provide
compliance advice. Moreover, there is industry association which assist in providing advice.
15. Business must make sure that the contactor they employ must hold appropriate license.
The organisation have to hire the contractor that hold the appropriate license otherwise the
firm have to pay the penalties for hiring the contractor without license or inappropriate license. By
obtaining the license they ensure the proof of insurance as part of trade licensing.
16. Five documents which is required to keep up-to date to check business compliance on regular
basis.
Business registration documents
leases
insurance documents
Document Page
Licensing documents
Financial records
17. Debt liability in partnership structure.
In a partnership structured business, partners of the partnership firms are personally liable
for all the debt liabilities of their business.
18.In a company structured business, can the shareholders have personal assets taken if assets are
not enough to pay debt?
Share holders are liable upto the amount of shares taken by them. At that extant, shareholders'
personal assets may be taken to pay the debts of company.
5 matters of Federal Departments in Environment overseas
1. Energy consumption issues
2. Education
3. Environment food and rural affairs
4.department for existing Europeon union
basis at which no one can deny to give someone an opportunity to work
in Australia as per the equal employment opportunity law, it is illegal to deny someone to give
opportunity on the basis of :
colour
sex
Religion
personality
age
political opinion
Can your refund the policy state 'no refund'? Explain.
Refund policy of company can not state the 'no refund' as it is against the law in Australia.
Examples of local or by laws that have to comply by the industry
1. Hospitality laws
2. Hotel motel fire safety act
Document Page
3. Employment laws
4. Intellectual property laws
5. Health and safety laws
PART B (Project)
PART A
1. Create a list of all requirement, licenses, support info, time frames and penalties
The following provide the list of requirements for restaurant operation in 2000, Sydney, NSW
Australia.
Requirements license Support info Time frames penalties
For operating a restaurant it
is required to fulfil the legal
requirements for operating
the business in the industry.
The requirements for
performing restaurant
operation includes
registration of the
restaurant with the local
authority, licenses, permits
etc. The restaurant for
operating restaurant must
understand the legal
requirement . The business
must have knowledge about
the two legislation related
to operating restaurant
business in Australia. It
consists of federal
legislation and state
legislation. Federal
The Foodora
restaurant for
providing its food
services and liquor
services have to take
the license which
consist of business
license, liquor
license, food service
license etc. NSW
License to Play
sound recordings or
music videos.
General business
music license. Self –
insurer license,
The permits required
for operating the
restaurant business
consist of Approval
to dispose of waste
The restaurant
have to ensure
that the
customers are
provided with
health food.
Moreover, The
restaurant have
to comply with
all the
legislation
relating to food
safety act and
the standards as
per the food
standards
Australian new
Zealand.
Liquor
license is
valid for 1
year and due
in April each
year. Food
service
license is
valid for 5
years.
The
maximum
penalty of $
11000 or 12
months
imprisonmen
t or both for
not acquiring
the liquor
license.
tabler-icon-diamond-filled.svg

Paraphrase This Document

Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Document Page
legislation is governed by
Food standards Australia
new Zealand. State
legislation provide food
safety Act which the
business have to comply
for performing its
operations.
and trade waste
water. Food handler
permit, sign permit
etc (Getting Started
in Business - New
South Wales, 2018).
2) All licensing and legal requirement and permits that are identified
Australian privacy policy : The restaurant collecting the personal information have to
comply with the principles of Australian privacy policy.
Food Standard Code : As the firm is operating in restaurant and will deal with food and
beverages products as the restaurant to perform its operation have to comply with the standard code.
Business license : For starting the business it is mandatory for the firm to have the business
license for operating its business activities.
Good and service tax registration : The Restaurant have to register with the Goods and
service tax if there annual GST turnover exceeds of $ 75000 or more .
License to Play Music in restaurant : The license is required the restaurant will play
background music.
National Employment standards : It is the legal requirement to comply with the national
employment standard and there are ten minimum standard of employment entitlements.
Payroll tax registration : It is required by the restaurant if the monthly wages paid to the
workers exceeds the monthly threshold limit.
Liquor license : This license is required as the restaurant will be involved in sale of alcohol
and for this it has taken
3. Requirements to comply with Food Act and Australia new Zealand Food standard Code.
Food standards Australia new Zealand provide framework for operating the restaurant
business. To comply with the Australia New Zealand standard code the restaurant have to ensure
that it is performing its activities by complying with the laws and regulation formulated as per the
standard code. This standard is adopted by all Australian states and territories into their own food
Document Page
legislation. It covers standards for food safety and hygiene, for food premises and labelling ,
composition and advertising of food (Allen and Israel, 2018). To comply with this standard the
restaurants have to ensure that they are complying with the provision of this code in relation to
conduct of the food business, food intended for sale or food for sale.
Moreover, The restaurant must not sell the food that does not comply with any requirement
of the code that related to the food. Furthermore, It must not sell or advertise for sale any food in
manner that contravenes a provision of this code. To comply with the Food Act 2003 which is
applicable for operating business in New South Wales. It provides that rules and regulation to
conduct business to provide safe food for the public (Chang and Brewer, 2018). There are four food
safety standard that consist of 3.1.1 Interpretation and Application,3.2.1 Food safety programs ,
3.2.2 food safety practices and general requirements and 3.2.3 Food premises and equipments.
4) Requirements to comply with food Act at State and Local levels
Food safety requirement are set by food act 2003 and food regulation Act 2015. This Act
provide that the food sol in NSW and suitable for the public and meet all the standard set out in
food standard code. The NSW food Authority govern the Food safety in NSW. The state
requirements as per the Act related to Food safety training (Sharma and et.al., 2018). According to
the Act, Every food business must have at least one food safety supervisor. The other requirements
as per states includes the following :
Conducting food business inspection.
Managing food labelling requirements.
Food business licensing.
Publishing NSW name & Shame List.
Local council is responsible for food business registration, monitoring compliance,
providing eduction and advice and taking enforcement action whenever required. The requirements
as per the local government includes :
Food safety is met while selling the food.
Ensure proper Auditing
Use of correct food safety training.
5) The procedures & requirements to extend liquor license.
The restaurant for extending the liquor license have to get permission from the NSW local
authority. The extended liquor license means that the restaurant already hold the liquor license and
intend to sell alcohol at a time or place that the existing license does not cover (Vo And et.al.,
Document Page
2018). Th requirements for this is as follows :
Selling liquor inn restaurant without meals.
Off – site deliveries or supply by a liquor store after hours.
Extending the hours for an existing licensed premise.
Selling alcohol with meals in the dining areas of restaurant , nightclub etc.
6) legislative requirement that apply for liquor license
The restaurant for getting the liquor license have to fulfil the requirements that includes :
It must operate as a restaurant preparing and serving meals to the public all the times.
It must be open to the public and not run as a private club.
Free drinking must be available to patrons whenever the alcohol is served.
A sign must be displayed at the front of the premises that shows the name of the business,
The type of Liquor license held and the name of the license.
Conditions can be imposed on the license.
Approval from the local authority for serving alcohol in the restaurant.
7) All types of Insurance required for restaurant.
There are different types of insurance which are required by the Foodora for protection from
the risk.
It includes insurance of the restaurant premises for protecting the loss of property.
The compulsory insurance includes : Workers compensation insurance, Compulsory third
party insurance, public liability insurance.
Liquor liability insurance as the restaurant is involved in sale of the alcohol.
Commercial Auto insurance as the business will use vehicle for performing its business
operations.
Burglary , glass, money insurance.
8) Overview of Legal tax obligation including payroll tax and super and the penalties applicable for
the same.
Payroll tax registration is required by business that provide the employees with wages
exceeding the monthly threshold limit. The monthly threshold limits for acquiring the Payroll
registration is as follows :
$65,205 in a month with 28 days
$69,863 in a month with 30 days
tabler-icon-diamond-filled.svg

Paraphrase This Document

Need a fresh take? Get an instant paraphrase of this document with our AI Paraphraser
Document Page
$72,192 in a month with 31 days.
The payroll tax threshold for 2018-19 is $850,000 and the tax rate is 5.45%. It is the obligation of
the restaurant to apply for registration within seven days after the month in which the wages first
exceed the specified limit.
Penalties if the restaurant service provider commits the tax default will be liable for penalty
tax up to 30 per cent depending on the where the restaurant unintentionally disregard the law
(Reeve and Magnusson, 2018). Moreover , 15 to 90 per cent penalty tax if the restaurant
intentionally disregarded the law.
Superannuation obligation of the restaurant is related to the amount that the employer pays
on behalf of the eligible employees in addition to the wages and salaries (NSW food safety
legislation, 2018).
The minimum obligation of the employer to pay super guarantee includes :
Super guarantee is presently 9.5% of an employee's ordinary time earning.
The employer have to pay super guarantee at least four times a year by the quarterly due
dates.
As per the Superannuation guarantee Act 1992 AG the employer have to the amount in the
correct account.
The penalties are applicable if the employer does not pay the minimum super guarantee it
includes the following :
Super Guarantee short fall amount
Interest on those amounts
An administration fee of $20 per employee , per quarter.
9) Requirements to comply with National Employment Standards and EEO aspects for recruiting
the staff.
As per the requirements of National employments standard there are 10 entitlements that
are required to be provided to the employees. It consists of :
Maximum weekly hours
Request for flexible working arrangements.
Parental leaves and related entitlements.
Annual leave
community service leave
public holidays
Notice of termination and redundancy pay.
Document Page
Fair work information statement
compassionate leave
long service leave
Casual employees will get entitlements that includes :
unpaid carer leave
unpaid compassionate leave
unpaid family and domestic violence leave
community service leave
The fair work information statement
As per Equal Employments opportunity the restaurant while hiring the staff members must provide
the candidates with equal opportunity without discrimination on the basis of age, gender, race,
religion, colour etc (Martin and Hine, 2018). As per the human rights and Anti – discrimination law
the employees are treated equally and fairly at the restaurant.
10) WHS requirement for the restaurant
According to Work health and safety, 2011 it is required by the organisation to have a safe
workplace for the employees to protect the health of the employees and provide them with healthy
work environment. The following is the requirement of the work and health safety Act :
Incident notification
Consultation with workers.
Issue resolution
provide training to the staff memVo, S. A. And et.al., 2018bers
Inspection of the restaurant
11) Areas require provision for risk management
Risk management is a process which ensure workplace health and safety. This process assist
in minimising the risk by taking various measures for protection. The provision for Risk
management includes taking measures for minimising the risk. It includes provision for the risk
relating to fire, flood etc (Holden and Spallek, 2018). It requires taking control measures for
reducing the risk. Provision for emergency plan in case of emergency. Moreover, It is required to
have personal protective equipment for minimising the risk. Provision relating to managing risk
from airborne contaminants. Managing risk from hazardous environment. Risk management
chevron_up_icon
1 out of 20
circle_padding
hide_on_mobile
zoom_out_icon
[object Object]