Published on 05/10/2017 by Any Business.Com.Au

Going into the food services or accommodation business? What you need to know

Each industry has its own unique legal, operational and business requirements.

Whether you're a plumber looking for the latest code, a retailer checking your workplace health and safety requirements or a business undertaking market research for your business plan it's important to do your research - today we look at the Accommodation and Food Services Industry and its particular requirements.

Accommodation and food services industry

This fact sheet provides an overview of the legal, operational and business issues relevant to the accommodation and food services industry, which includes:

• hotels, motels, serviced apartments, and other short-term accommodation for visitors
• cafes, restaurants, takeaways, pubs, bars and other businesses that sell meals, snacks and beverages.

As well as the information in this factsheet, further advice and assistance should be sort from an accountant, solicitor, business advisor or business broker.

Research

Industry research is an important part of planning for your business. It may uncover economic and industry trends, establish or improve your business and help you keep pace with your industry.

The hospitality industries section of the Australian Bureau of Statistics website provides statistics on the accommodation sector, the cafes and restaurants sector, and the clubs, pubs, taverns and bars sector.

Key legislation & initiatives

Legislation often plays a large part in how you run your business, so it's important to be aware of the laws that apply to your industry.

Key legislation that may affect businesses in the accommodation and food services industry includes:

• Competition and Consumer Act 2010

• Australian Consumer Law (ACL)

• National trade measurement legislation

• State liquor licensing

• State restricted trading days

Mandatory industry codes & standards

Food Standards Code

This code set out the minimum requirements for food safety. State and territory agencies are responsible for enforcing and interpreting the code. Find the food enforcement contacts in your state or territory to discuss code compliance.

Franchising Code of Conduct

See Fair trading for more information on legislation specific to your industry as well as details about product safety, labelling, warranty and refund regulations.

Licences & permits

Licences and permits specific to the accommodation and food services industry are often managed by state or territory governments and mainly relate to:

• preparing and/or selling food

• selling and/or consumption of alcohol

• erecting/displaying signage

• restricted trading days

• outdoor dining

• playing video/sound recordings

• disposal of waste

Click here to find out more on licences and permits.

Employment

If you employ staff, you need to comply with Australia's national workplace laws and the specific requirements in your industry:

• Visit the Fair Work Ombudsman website for awards specific to your industry.

• Click here for further information on employment rights and obligations.

Apprentices and trainees

With flexible hours and on the job training, the accommodation and food services industry lends itself easily to taking on apprentices and trainees. If you take on an apprentice or trainee, you can access a range of government support and financial help.

Finance & tax

There are a number of finance and tax measures specific to accommodation and food services businesses, including:

Goods and Services Tax (GST)

• It's important to know your GST obligations to ensure you are selling your services at the correct price and that you're registered with the Australian Taxation Office (ATO) to ensure you can claim your GST credits.

Levies & charges

Levies and charges are generally used to fund activities that benefit the industry or region as a whole.

Levies that apply to the accommodation and food services industry are usually applied at the local level in your rates payment. Levies differ from state to state but can include a tourism levy, fire levy, heritage levy or environment levy.

Visit your local council or state government agency for details on any levies or charges applicable in your area.

Grants

There are very few grants available for the accommodation and food services industry, unless you are starting a business in a specific regional area or operating a tourism business – do your research.

Workplace Health & Safety (WHS)

As well as the general occupational health and safety regulations, there are also some state-specific WHS requirements relevant to the accommodation and food services industry including:

• occupational noise management
• standards for protective clothing and equipment
• standards for occupational safety signage
• national standard for manual handling
• prevention of burns from hot liquids, surfaces or steam
• prevention and response to workplace bullying
• prevention of workplace violence (e.g. robbery)
• electrical safety

Insurance

As well as compulsory insurance such as worker's compensation, there are also a number of specific insurance options available for businesses in the accommodation and food services industry.

Insurance options vary depending on your business type but can include insurance for public liability insurance, equipment & machinery, property & buildings, vehicles and business interruption.

Intellectual Property (IP)

There are a number of IP rights that may be relevant to businesses in the accommodation and food services industry such as:

• Trademarks and in particular how they apply in a franchise agreement
• when you play, use or reproduce film, sound or video recordings you need to obtain a licence

IP Australia is the federal government agency responsible for granting rights in patents, trademarks and designs. Click here for more information on IP.

Industry training

Industry training can be an important part of your business survival. New food standards or marketing strategies can often help improve your competitiveness and grow your business.

Environment

While accommodation and food industry businesses do not generally rely heavily on the environment, they can still have a significant impact.

The main environmental concerns that businesses in this industry should be aware of include:

• paying attention to your food supply chain
• sustainability
• waste management and reduction.

Read about Environmental management and how you can manage your impact on the environment.

AnyBusiness.com.au

Curtis is a leading expert in the business-for-sale industry, serving as a senior content creator at anybusiness.com.au.

With a career spanning over fifteen years, Curtis has accumulated extensive knowledge in the domain of business sales, acquisitions, and valuations. His deep understanding of market dynamics and his ability to translate complex industry jargon into accessible insights make him a trusted resource for entrepreneurs and business owners looking to buy or sell businesses.

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