Tourism & Hospitality
5. Basics of Hospitality Law
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 27 Aug 2015
- Hospitality law applies to places that host guests such as cafes, restaurants, hotels and casinos.
- All states and territories in Australia have legislation that regulates how food handlers must handle and prepare food.
- Hospitality operators who serve food in their establishment are required by law to notify the local and state government of their existence using the appropriate documentation.
- These regulations impose a number of responsibilities on hospitality operators including:
- strict levels of hygiene;
- food and beverages being fit for human consumption;
- food must fit the description prior to service; and
- safe transportation and storage of food.
- Operators are also required to:
- nominate a food safety supervisor;
- implement a food safety program; and
- allow their premises to be inspected by an authorised and qualified inspector.
- Local councils are generally the responsible party for enforcing food and hygiene regulations in most states and territories.
- Many states and territories have a food authority that helps to ensure food is safe and correctly labelled.
- Failure to comply with the food and hygiene regulations can have detrimental effects for a hospitality operator including:
- improvement notices;
- demands from the local council;
- penalty notices;
- fines; or
- public listing on a state operated website which names and shames poor operators.
- One of the consequences of poor food hygiene practices is food poisoning.
- Food poisoning is a notifiable disease requiring all doctors to report cases of food poisoning to their state health department.
- All states and territories in Australia have legislation that regulates the licensing of hospitality outlets to service alcohol.
- Hospitality establishments that serve alcohol are required to obtain a licence from their relevant state or territory authority.
- Hospitality operators also have a duty to implement harm minimisation within their establishment to reduce the impact of alcohol in the community.
- Venues are required to ensure that they also comply with the alcohol beverage advertising code and liquor promotion guidelines.
- Every state and territory requires that smoking be banned within enclosed spaces.
- Many local councils have also introduced smoking bans that cover additional areas not regulated by state and territory legislation.
- The operation of gaming machines in hospitality venues is governed by regulations.
- Only registered clubs and full hotels are allowed to have gaming machines.
- The regulations aim to promote responsible conduct of gambling.
- All employees who work in an establishment with gaming machines must be trained in the responsible service of gaming and be aged over eighteen years old.
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