Legal Plan: Business Licences, Regulations and Compliance Report

This report presents a legal plan for a coffee shop business, addressing crucial aspects of legal and regulatory compliance. It begins by listing required governmental licences, permits, and registrations, including ABN registration, business name registration, and compliance with the Australian Consumer Law (ACL). The report then details the application of the ACL to the coffee shop, outlining consumer guarantees and regulatory compliance procedures. It further explores contract law, identifying key contracts such as tenancy agreements and supplier contracts, along with rights, obligations, advantages, and disadvantages. The plan also covers negligence and duty of care, emphasizing the coffee shop's responsibilities to ensure customer safety, and proposes implementation steps. Insurance needs, including professional indemnity and public liability, are also addressed. Finally, the report examines intellectual property, emphasizing the importance of trademarking the coffee shop's logo, and includes relevant references to support the analysis.

Legal Plan – Licences, Regulations and Compliance
5. Governmental Licences and Regulations
 Australian Business Number Registration,
 Business Name Registration,
 Australian Privacy Principles
 Country of Origin Food Labelling Information Standard
 Licence to Play Music in Restaurants and Cafes
 Approval to Connect to a Water or Sewer Main
 Australian Consumer Law (ACL)
 Average Quantity System
 Domain Name
 Compliance Code: First Aid In the Work Place
 Compliance Code: Hazardous Manual Handling
 Employer Requirements - Superannuation Guarantee
 Fair Work Information Statement
 General Business Music Licence
 Licence to Play Sound Recordings or Music Videos
 Permit to Place Signs
 National Employment Standards
 Register a Trade Mark
 Registration as a PAYG Withholder
 Registration as an Australian Company
 Registration of a Design
 Registration of Cooling Tower Systems (Ablis.business.gov.au. 2019)
6. Australian Consumer Law (ACL)
a. The Australian Consumer Law is applicable to the services provided by the coffee
shop. The coffee shop mainly deals with selling high-quality of coffee, various kinds of drinks,
desserts and foods. Hence, it will be covered by the ACL to protect the rights of the consumers
and for ensuring fair trading. Moreover, the business has the obligation under the ACL to
provide guarantee for the services given for value less than 40000 $.
b.
Consumer Guarantee
1. Guarantee regarding supply within reasonable time,
2. Guarantee regarding fitness of the service,
3. Guarantee for due care and skill.
7. Regulatory compliance procedures

Procedure you would implement to ensure your business can comply with a
regulatory requirement identified in section 5 or 6 above
1. application for Australian Business Number Registration will be made to
the Government.
2. Application for a Licence to Play Music in Restaurants and Cafes to
OneMusic Australia for playing copyrighted music in the coffee
shop.
3. The drinks and food to be provided must be of acceptable
quality to ensure the consumer guarantee available in ACL and
within reasonable time.
Contracts
8. Contracts
a.
The Other Party (general description
only)
What the Contract is For / Its
Purpose
1. The owner of the property Tenancy agreement
2. Milk vendor Contract with the supplier of
packaged milk to be used in making
drinks
3. Coffee supplier For supplying at bulk rate.
b.
Your Rights (ie What do you need your Customer to be contractually
bound to do for you?) (Reverse order with following table)
1. Right to get the price for the service provided.
2. Right to possession.
3. Right to trademark of the logo of the coffee shop.
Your Obligations (ie What do you think your Customer needs you to be
contractually bound to do for them?)
1. Duty to provide food and drinks of acceptable quality and fit for the
purpose as specified.
2. Duty to provide be careful and skillful.
3. Duty to supply within reasonable time.
c.
The advantages are; it provides the proof of the terms and conditions agreed by the parties
and it also helps to prevent any type of confusion or misunderstanding that may appear in
future. Moreover, it also provides the ways by which disputes can be resolved and also how a

contract can be terminated or varied by the parties. Thus there is no scope of misunderstanding
between the parties.
The disadvantages are that a written contract as the flexibility of the parties regarding the
terms and conditions of the contract is restricted and that may create obligation of the parties.
d.
 Making the services prepaid such that the customers have to pay first then they will be
provided with the drinks or food.
 Computer generated bills must be used to avoid any confusion.
 Online payment shall be mandatory which will also help to avoid the risk of nonpayment by
the customer.
Negligence & Duty of care
9. Negligence & Duty of Care
a.
Duty of care refers to the legal obligation that can be imposed on any individual or
association so that he can adhere to a reasonable standard of care such that any foreseeable
injury or damage can be avoided.
b.
The coffee shop has the highest level of duty of care towards all the customers that will
appear in the store.
c. The health and safety of the customers form the primary reason behind the duty of
care of the coffee shop such that their health and safety can be ensured.
d.
Steps / Procedures your business will implement
1. Keeping the property safe so that customers do no fall or slip due to spillage.
2. Warning signs can be used in case of any spillage occurred
3. Supplying hygienic and good quality food and drinks to protect the health of
the customers.
Insurance
10. Insurances
a.
Type / Name of Policy Type of Risks Covered
1.
Professional indemnity insurance
Covers the expenses and costs
required for defending a legal suit
and also for providing damages if
required.
2. Public liability insurance It protects the owner as well as the
business against any finance
related risk towards 3rd party for
any injury or death, damage or
property loss or economic losses
that can result from negligence.

3. Victorian Work Cover Authority
insurance
It provides the employers with
insurance covering the cost related
to benefits when the workers get
injured or sick due to their work.
11. Intellectual Property (IP)
a. The logo used in the name of the coffee shop must be protected so that it can be
used exclusively by the coffee shop across Australia. This can be done by registering
a trade mark for the logo (Anon 2019).
(b)
Scenario Type of Intellectual Property
Right that May Offer
Protection
Does the IP right need to
be Registered?
A mark that
distinguishes one
business from
another
trademark yes
How something
works or functions
Copyright no
A drawing of a
prototype product
patent yes
The overall
appearance of a
product that will be
mass manufactured
Industrial design yes
Customer lists and
supplier lists
Trade secret protection No

References:
Ablis.business.gov.au. (2019). ABLIS | Enabling business. [online] Available at:
https://ablis.business.gov.au [Accessed 12 Sep. 2019].
Anon, (2019). [online] Available at:
http://www.business.vic.gov.au/setting-up-a-business/how-to-start-a-business/findthe- right-
insurance [Accessed 12 Sep. 2019].
Australian Consumer Law