Legal matters are an important but often overlooked aspect of running a successful Sydney restaurant. We examine 10 key areas of regulation that most restaurant businesses need to comply with.
1. Business Registration
All Australian business must register their business name with the Business Name Register. The only exception to this is if you trade under your individual name or all the individuals names in a partnership. Business names are registered through ASIC for a period of 1 or 3 years at a cost of $34 or $78 respectively.
2. Food Business Notification
If you are a restaurant owner in Sydney then you are required to hold a current food licence or notify the NSW Food authority of your food activity. In all likelihood your restaurant will be involved in handling meat, seafood and eggs and will therefore require a licence. If you apply for a food licence online then there is no fee.
3. Food Labelling
If you are selling packaged food at your restaurant then you will be required to comply with the Food Standards Australia and New Zealand code.
Food labels must meet certain requirements that include but are not limited to the name of the food, a list of ingredients, a date mark and warning statements.
Not all food requires labelling however. Any unpackaged food, food that is packed on the premises it is sold, or delivered packaged ready for consumption are just a few examples where food labelling is not required.
Food labels must meet certain requirements that include but are not limited to the name of the food, a list of ingredients, a date mark and warning statements.
Not all food requires labelling however. Any unpackaged food, food that is packed on the premises it is sold, or delivered packaged ready for consumption are just a few examples where food labelling is not required.
4. Outdoor Dining In Public Space
If your restaurant does or plans to have seating on the footpath then you will need to apply for an Outdoor Dining Licence. Sydney restaurant businesses can apply through the relevant local council. Information that you will need to provide includes: the location of the premises, any relevant development consent and details of any structures you plan to erect.
5. Liquor Licensing
If your restaurant plans to allow the consumption of alcohol then you are required to apply for a liquor licence. If you are in the process of opening a new restaurant then be sure to apply well ahead of your opening. If your are purchasing an established business who already have a liquor licence then ensure this will be transferred to you upon taking ownership.
If you hold a liquor licence then all your staff who serve alcohol will require a Responsible Service off Alcohol certificate. The business may be required to produce proof that their staff have been trained.
If you hold a liquor licence then all your staff who serve alcohol will require a Responsible Service off Alcohol certificate. The business may be required to produce proof that their staff have been trained.
6. Playing Copyright Music
If you plan on playing copyright music in your restaurant then you will need to apply for two licences:
The APRA AMCOS Licence covers copyright restrictions in the song while the PPCA Licence covers the recording and music video of a song. The price for your restaurant will depend on the price of your food, the number of seats on your premises and days of operation.
The APRA AMCOS Licence covers copyright restrictions in the song while the PPCA Licence covers the recording and music video of a song. The price for your restaurant will depend on the price of your food, the number of seats on your premises and days of operation.
7. Fair Work Information Sheet
The Fair Work Ombudsman requires that every employee covered by the national workplace system is given a Fair Work Information Sheet before or soon after joining a new employer. The Fair Work Information Sheet outlines basic rights, responsibilities and laws when it comes to employment.
8. National Employment Standards
If you employ staff in your restaurant then you will be required to comply with the ten National Employment Standards. The ten standards cover the following:
The ten standards cover the following areas:
The ten standards cover the following areas:
- Weekly hours of work
- Flexible work
- Parental leave
- Annual leave
- Personal/Carer's leave
- Community Service leave
- Long Service leave
- Public Holidays
- Termination
- Provision of the Fair Work Information Sheet
9. PAYG Withholding
The ATO requires that any business employing staff withold tax from wage payments to employees. You will also be required to withold tax if another business doesn't supply their ABN on an invoice. As soon as you employ staff you will be required to register as a PAYG Witholder.
10. Superannuation Guarantee
If you currently employ staff (or plan to in the future) then you are required by law to pay superannuation. Superannuation has to be paid each quarter at a minimum to eligible employees. An eligible employee is someone who is between 18 and 75 years of age and is paid more than $450 in a calendar month. Superannuation is paid regardless of whether staff member is employed on a casual, part-time or full-time basis. Superannuation is paid to the employee at the current rate of 9.5%.
Note: This article does not constitute legal advice. You should seek professional legal advice that takes into account your personal circumstances.
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