Compliance With The Regulatory Requirements

Provide an overview of your interpretation of the regulatory requirements that would apply to the hospitality business.

 

 

In the last few years, the hospitality and tourism industries have been growing at an alarming rate. For successful management of businesses, the managers need to have an extensive knowledge of the legal aspects which will make them run their businesses in compliance with the legal requirements. In this paper, we shall discuss do detailed research on licensing, compliance, and the associated legislative requirements which will help us to understand all the necessary requirements as we are planning to open a brand-new hospitality business.

The Australian Business Number is a special 11-digit number which is assigned to each business and is a legal requirement for any person who wishes to establish any business in Australia (Woellner et al., 2012). The steps main undertaken to get ABN in Australia are:

Visiting the website which allows the users to apply for the number (abr.gov.au)

Reading the information and the instructions on the website

Gathering any business or tax documentation

Clicking on the application button (“Apply for ABN” button)

Reading and agreeing with the obligations

Filling the requested information about your business

Declaring by law that you agree to all the terms and the conditions of the website

Clicking the submit button to complete the application

After following all the steps above, the ABN is normally processed within an hour.

The name of our business is “BEST OF THE BEST HOSPITALITY SERVICES BUSINESS.” We derived the name of our business from the main objective of the business which will be to provide the best quality of services to all our customers.

There are many building regulations associated with the new build of the business where three of these main building regulations are:

The regulations concerning the health and the safety of the builders. These regulations demand that the health and the safety of the builders should be guaranteed during the entire period of building.

The regulations concerning the standard of the building. These regulations demand that the building should meet the expected standards of buildings.

The regulations concerning the environment. These regulations demand that the environment should always be protected even during the building process (Li, Zhu, and Zhang, 2010, pp.766-775).

When starting any business in Australia, there are many planning permits which are required. Some of the major planning permits required include the government’s planning permit which outlines the legal requirements which control the businesses in Australia, the survey’s planning permit which deals with the issues of the area (or the land) to be covered by the business, and the engineer’s or the architecture’s planning permit which outlines the constructions or the buildings to be erected for the sake of the new business.

The associated third-party insurance is an insurance company or business which can help the business to recover its resources (which could be assets or finances) in times of damages or losses (Zeff and Characklis, 2013). The business is supposed to identify at least one insurance party of the company where it should be saving some of its money for the sake of damages or losses which may face the business in the future. In times of damages or losses, the insurance party works together with the business to help it in restoring its resources which helps the business to keep on moving forward despite the damages or the losses facing it.

As a hospitality services business which is expected to interact with many different customers from different regions of the world, the business is expected to be very keen on the issues related to the health and the safety of both the workers of the business and the customers. Some of the health and safety regulations and requirements which the company should consider include:

Making sure it offers high-quality products and services which can’t compromise the health of the users.

Offering healthy and safe working conditions for the workers of the business.

Offering a healthy and a safe environment for all the customers.

Maintaining the required levels of cleanliness in the business environment and avoiding to pollute the environment

Establishing a healthcare center within the organizations which can attend to both the workers and the customers when needed.

The licensing regulations and the requirements associated with liquor selling in Australia are well defined in different Australian territories and states. Some of the major and the general regulations and requirements given outline some basic principles such as who are allowed to sell and supply alcohol, the offences and the duties of the licenses to sell liquor, the disciplinary procedures and the associated penalties, the people allowed to consume alcohol, and where the alcohol may or may not be consumed (Trifonoff et al,, 2011). Our hospitality business is supposed to obtain the relevant licenses to sell liquor and make sure it follows all the rules and regulations which govern the selling and the consumption of liquor or alcohol in Australia to avoid facing very serious penalties or tough disciplinary actions.

To register for GST, BAS, and other taxation requirements, you need to have the Australian Business Number (ABN) which is asked for successful registration. The steps for registration of GST, BAS, and other taxation requirements are quite simple as one needs to go the registration website (Business registration service Beta) where he/she fills the ABN and then registers and gets a form to register for GST, BAS, and other taxes in Australia.

For businesses to be successful, they must consider all the legal and the ethical requirements which should be followed by the businesses for smooth operations (Jennings, 2014). Some of the major legal and ethical requirements which our business should follow include:

Showing fairness and justice when employing new workers.

Being keen on the issues related to environmental protection and conservation.

Observing and fulfilling the corporate social responsibilities (CSR) expected from the business.

Following all the legal requirements or regulations as expected.

The Australian consumer law was incorporated into the laws of each of Australia’s states and territories in 2011. The law addresses the issues of competitions in businesses and the protection of the consumers from exploitation by the businesses operating within Australia (Thampapillai, 2015).

Failing to comply with the ACL is associated with some serious penalties such as financial penalties which the businesses may be charged by the government and some risks such as the risk of being forced to close under serious cases of non-compliances. All these are negative consequences which make the businesses to incur huge losses.

There are many sources of specialist advice which can help the business to perform well. Some of these sources include experienced business personnel, research over the internet, and the employees like the accountants and the other employees working in the businesses may also be good sources of specialist advice (Blackburn, Carey, and Tanewski, 2018).

The employer plays a great role to make superannuation successful as he/she may organize the superannuation programs where he/she will encourage the employees to be making some deposits and enjoy some pensions later when they want to have them (Nielson and Harris, 2010).

The Fair Work Act 2009 is an Australia law which was passed by the Rudd Government after ascending to power in 2007 and the law was meant to change the industrial relations system and the other workplace relations in Australia. It defined the National Employment Standards (NES) at different workplaces in details (Read and Dealing, 2013).

The aspects of public liability and duty of care call for the businesses to be careful whenever dealing with the general public or the third parties. Some of the major aspects of public liability and duty of care are:

The businesses are supposed to observe corporate social responsibilities

The businesses are supposed to observe the ethics of the societies where they operate

The businesses are supposed to be careful when dealing with the public not to have them

In case the businesses cause some harm or loss to the general public, they should be ready to compensate.

The work health and the safety practices outline the health and the safety requirements of the workers and the customers which demands that the health and the safety of the workers and the customers should be one of the major aspects to be prioritized in the operations of the businesses (Hughes and Ferrett, 2011). The legislative requirements outline all the elements of the laws and the regulations which govern the performance of the business and these laws and regulations need to be strictly followed.

All the workers working in the business need to be compensated in case they get some injuries when working in the business. The workers should also be compensated due to the cases of occupational rehabilitation.

The Food Safety or the Food Standards Australia and New Zealand Act 1991 was formed in 1991 with the main objective of protecting the public health and safety by providing adequate information about different foods which will help the consumers to make informed decisions which will help to reduce cases of fraud and deceptions as far as foods are concerned.

As already discussed, there are well-defined rules about liquor licensing in Australia. The rules clearly define who are supposed to sell liquor (alcohol) or the licensed sellers and when and where they are supposed to sell the liquors. The rules also outline who are supposed to take liquors, where to take the liquor, and when to take the liquors.

The Privacy Act 1988

The Privacy Act 1988 is an Australian law which was created in 1988 and the law mainly deals with the privacy rights of the people in Australia. This law allows the citizens to make their decisions on which private information they can give to the government or other organizations which need it, allows them to inquire why they are required to give the information, and allows them to decide who should see know and who should not know their private information (Mahar, 2013, pp.48-49).

To make an overall evaluation of the hospitality business, I would consider the overall progress of the business to see whether the business is making some profits or some losses. If the business is making some profits, I would know the business is going on the right track and if the business is making some losses, I will look and implement new strategies which will make the business to generate some profits. Some of the major risks which may face the business are the financial risks where the available finances may not be enough to run the business and competition which may reduce the number of customers of the business (Sadgrove, 2016).

There are many areas of compliance which the business must comply with for smooth operation. Some of these areas include:

The legal aspect. This area defines the business laws which the business should follow

The ethical aspect. This area defines the ethics of the people which the business should always be keen to follow without violations.

The health aspect. This area concentrates on the health of the workers and the customers where the business should always be careful when it comes to matters of health at the workplace.

The safety aspect. This area concentrates on the safety of the workers and the customers which should also be considered by the business

The environmental aspect. This area deals with the environment where the business should always make sure it does not pollute the environment in its operations

The CSR aspect. In this area, the business should comply with all the responsibilities it’s supposed to fulfill for the sake of the people around it.

For the business to run smoothly, it must comply with the compliances discussed above. Failing to comply may lead to some negative consequences. Some of the negative consequences which may result from non-compliance include:

Some fines which may be charged by the law

Closure of the business where the people can force the business to close if it won’t observe the required ethics.

Affecting the health of the workers and the customers negatively where some may even get sick or die.

Compromising the safety of the workers or the customers which can lead to cases of serious injuries in the business.

Pollution of the environment which will be of great disadvantage to the people around the business.

Failing to follow the CSR as required may make the public to lose interest in the business which will make the business lose many customers and thus lose huge profits.

For the business to do well, it needs to be well-informed about the legal issues and how it should follow them in its operations. To get to know these legal issues and how to follow them, the business needs some specialist legal advice from some sources of specialist legal advice such as the accountants, the lawyers, and the human resource personnel in the business.

Blackburn, R., Carey, P., & Tanewski, G. (2018). Business advice by accountants to SMEs: relationships and trust. Qualitative Research in Accounting & Management.

Hughes, P., & Ferrett, E. (2011). Introduction to health and safety at work. .London: Routledge.

Jennings, M. M. (2014). Business: Its legal, ethical, and global environment. Nelson Education.

Li, X., Zhu, Y., & Zhang, Z. (2010). An LCA-based environmental impact assessment model for construction processes. Building and Environment, 45(3), 766-775.

Mahar, P. D. (2013). Ethics and law. The Medical Journal of Australia, 198(1), 48-49.

Nielson, L., & Harris, B. (2010). Chronology of superannuation and retirement income in Australia. Department of Parliamentary Services.

Read, R., & Dealing, D. (2013). Union Recognition and Good Faith Bargaining under the Fair Work Act 2009’ (2012). Australian Journal of Labour Law, 25, 130.

Sadgrove, K. (2016). The complete guide to business risk management. London: Routledge.

Thampapillai, D. (2015). The Australian Consumer Law. Australian Commercial Law, 374.

Trifonoff, A., Andrew, R., Steenson, T., Nicholas, R., & Roche, A. M. (2011). Liquor licensing legislation in Australia: an overview. National Centre for Education and Training on Addiction (NCETA). Flinders University, Adelaide, SA.

Woellner, R., Barkoczy, S., Murphy, S., Evans, C., & Pinto, D. (2012). Australian taxation law. CCH Australia.

Zeff, H. B., & Characklis, G. W. (2013). Managing water utility financial risks through third?party index insurance contracts. Water Resources Research, 49(8), 4939-4951.