AHA e-Newsletter - Friday, March 7 2014 7.03.14

Friday, March 7 2014

LEAD STORIES

LCAR Issue Brief: Barring Notices

LCAR Issue Brief: Direct Sales License

Do you have free water available to your patrons?

GOVERNMENT RELATIONS

Alcohol Advertising

HOSPITALITY & LIQUOR LICENSING

Two-Up on ANZAC Day

Juveniles working on licensed premises

AHA NEWS

Steak Sandwich Competition - Nominations Open

Hospitality Conference & Expo 2014

WORKPLACE RELATIONS

Four Year Modern Review - AHA Campaign for Changes

Public Holiday Reminder

McDonalds Fined

DON'T FORGET SERVICES WE PROVIDE

Do all your managers hold an Approved Manager ID Card

IN THE NEWS

Catching Perth’s Wave in Western Australia

LEAD STORIES

LCAR Issue Brief: Barring Notices

The review of the Liquor Control Act has endorsed the AHA’s submission to

expand the scope of barring notices to include offences that occur in the vicinity

of licensed premises.

The AHA(WA)’s submission to the review of the Liquor Control Act 1988, argued

that expanding the scope of those who should be the subject of a barring

notice would make hospitality precincts safer for patrons and staff.

The AHA has argued that it is in the interest of public safety that the scope of barring notices be expanded to

include individuals from licensed premises who are serious and/or serial offenders of alcohol related crime and the

barring of individuals who offend in the vicinity of licensed premises.

The Report of the Independent review Committee noted the AHA’s submission and has made the following

recommendations:

Recommendation 93

a. Amend section 115AA(2) of the Act so that a person exhibiting the prescribed behaviour in the vicinity of a

licensed premises can be issued with a barring notice.

b. Amend section 115AA of the Act to provide a definition of ‘vicinity of licensed premises for the purposes of

section 115AA(2).

Recommendation 94

Amend regulation 27 of the Regulations so that an offence under section 115AE of the Act can be dealt with by

way of an infringement notice.

The initial stages of government consultation begin in early March and the AHA will encourage the WA State

Government to adopt recommendations 93 and 94.

To read a copy of the full report which can be found at the Department of Racing, Gaming and Liquor’s

website click here.

For further information regarding the Australian Hotels Association’s response to the Review of the

Liquor Control Act please contact Victoria Jackson, Government Relations Manager

( grm@ahawa.asn.au) or Adam Le Lievre, Media Executive ( media@ahawa.asn.au) on

9321 7701.

LCAR Issue Brief: Direct Sales License

The AHA(WA)’s submission to the independent committee reviewing the Liquor

Control Act 1988, recommended that a New Online Direct Sales License (DSL)

should not be established.

The introduction of a DSL without a physical premise would contradict the

Primary Objects of the Liquor Control Act – which specifically supports hospitality

and tourism businesses; also, the hours and operation of trade are already

catered for by existing license categories.

If the direct sales license were to proceed, it would greatly undermine the significant investment by existing

hospitality businesses to ensure their venues are managed and supervised in accordance with the Act.

In 2007, the Department of Racing, Gaming and Liquor introduced major reforms to ensure that all venues were

managed by trained personnel and supervised by well trained staff. The time and money spent by the industry to

ensure compliance with the Act is too significant to see this investment eroded by a direct sales license.

The Report of the Independent review Committee noted the AHA’s submission and concluded that “after reviewing

the responses to the discussion paper and the submissions lodged, the Committee considers, while there is some

support for a new class of licence to be introduced, it is not necessary nor appropriate to introduce a separate

category of licence to facilitate online sales”.

The committee recommended that:

Recommendation 47

No additional licence class of licence is required for a direct sales or online liquor business.

Recommendation 48

Members of the Australian Liquor Licensing Authority Conference (ALLAC) work towards introducing consistent

delivery provisions in all jurisdictions.

The initial stages of government consultation begin in early March and the AHA will encourage the WA State

Government to adopt recommendations 47 and 48.

To read a copy of the full report which can be found at the Department of Racing, Gaming and Liquor’s

website click here.

For further information regarding the Australian Hotels Association’s response to the Review of the

Liquor Control Act please contact Victoria Jackson, Government Relations Manager

( grm@ahawa.asn.au) or Adam Le Lievre, Communications Executive ( media@ahawa.asn.au) on 9321

7701.

Do you have free water available to your patrons?

A radio host’s recent visit to a restaurant left her with the impression that she

was mandatorily required to drink water with her glasses of wine. AHA(WA) CEO,

Bradley Woods, spoke to Blackers, Carmen & Fitzi on 96FM about Responsible

Service of Alcohol (RSA), and regulation around the availability of water when

serving alcohol.

Mr. Woods explained that the “Liquor Control Act requires a licensee to have

water suitable for drinking provided, free of charge, at all times when liquor is

sold and supplied for consumption on the licensed premises.

“Patrons do not have to drink water, but water must be available. Some patrons

may prefer to purchase filtered or sparkling bottled water and therefore, licensees are able to have these products

available for sale, provided free drinking water is also available.”

In order to comply with the minimum requirement, venues are able to choose to provide water:

from a water jug at bar service areas;

by way of water coolers/fountains located at bar areas and throughout the venue;

by some other form of water dispenser.

Water must be clean and refreshed regularly. Warm or hot water will not be considered compliant with this

condition nor will the use of hand basins taps in toilet facilities be considered as compliant with this condition.

The penalty for non-compliance: in the case of a licensee is $10,000; and in the case of a manager - $4,000.

The full Provision of Free Drinking Water Policy is available here. Alternatively, if you require further

information or clarification, please contact Wanda Daniels at AHA on 9321 7701.

GOVERNMENT RELATIONS

Parliamentary Update - Spotlight on Alcohol Advertising

The Australian National Preventative Health Agency (ANPHA) has released their

draft report with recommendations to further regulate alcohol promotion for

public comment.

ANPHA Draft Report into Alcohol Advertising

The focus on alcohol has continued with yet another report by a taxpayer funded public health lobby

recommending further legislative, regulatory and industry policy changes to restrict the marketing and advertising

of alcohol in Australia.

ANPHA’s Draft Report which has opened for public comment, considered whether the promotion of alcoholic

beverages is influencing young Australians and contributing to patterns of harmful drinking and whether current

provisions adequately protect children and adolescents (14 – 17 year olds).

The Draft Report concludes that alcohol advertising and marketing is reaching children and adolescents and

influencing them, and that the current system for protecting adolescents and children from exposure to alcohol

advertising is inadequate.

Other public health lobbies including National Alcohol Action Alliance (NAAA), the Australian Medical Association

(AMA) have capitalised on the release of the report using it as a platform to continue lobbying for alcohol

advertising during sports to be banned; and to condemn industry self-regulation as ineffective and calling for the

Federal Government to take action.

Key recommendations promoting regulatory restrictions seek to:

Remove direct advertising of alcohol products before 8:30pm as an accompaniment to the broadcast of live

sporting events on weekends and public holidays;

Reform the alcohol industry’s self-regulatory code - called the Alcohol Beverages Advertising (and Packaging)

Code (ABAC) which governs the content of alcohol marketing to:

- capture all forms of marketing;

- allow for a broader interpretation of provisions that alcohol marketing communications not appeal evidently

or strongly to children (suggesting the current interpretation is excessively narrow); and

- allow for a greater range of sanctions (in addition to the current sole sanction of amending or withdrawing an

advertisement); and

- seek authorisation from the Australian Competition and Consumer Commission for an improved Code.

Further recommendations that State and Territories:

report on their regulation and enforcement issues of alcohol promotion under liquor licensing legislation in the

proposed biannual reporting to COAG.

be required to research and regularly review Australian children’s and adolescents’ continued exposure across

all media and be required to regularly report on impact publicly and to COAG committees.

The Draft Report does not represent the views of government who will consider the Agency’s advice subsequent to

a Final Report being provided to the Federal Minister for Health in June 2014.

Interested parties concerned about the implications of greater restrictions on alcohol advertising are advised that

submissions can be made to ANPHA via email by the submission deadline of 5pm on Friday 21 March 2014

Download the full Draft Report - Alcohol Advertising: The Effectiveness of Current Regulatory Codes in

Addressing Community Concern HERE.

HOSPITALITY & LIQUOR LICENSING

Two-Up on ANZAC Day

Just a reminder, if you would like to conduct Two-Up at your venue this ANZAC

Day (Friday 25th April), you must ensure that you have the special permit.

This permit would have been approved by the Minister for Racing and Gaming

and issued under section 48 of the Gaming and Wagering Commission Act 1987.

If you require further information or clarification, please contact Wanda

Daniels at AHA on (08) 9321 7701 or rpa@ahawa.asn.au.

Limit on Juveniles working on licensed premises

There are tasks which are seen as a component of serving liquor.

These include tasks such (but are not limited to);

as clearing glasses or “glassie”

conveying liquor to/from a customer’s table;

stocking mini-bars in hotel rooms;

delivering liquor to a guest’s room;

taking orders/payment for liquor; and

carrying liquor to a customer’s vehicle.

Therefore a juvenile cannot perform these duties at any licensed premises, except where they are a part of an

approved course and have been granted approval from the Director of Liquor Licensing to be employed or engaged

at the licensed premises in the service of liquor ancillary to a meal only.

However, juveniles can be employed on licensed premises to undertake tasks that are not associated with the

sale, supply or service of liquor, such as preparing food, taking orders (for anything other than liquor), cleaning

etc.

AHA NEWS

WA's Best Steak Sandwich Competition - Nominations Rare-ing at the Gate

The Australian Hotels Association is looking for WA’s Best Steak Sandwich 2014.

Now in its seventh year, the AHA’s Steak Sandwich Competition gives hospitality

venues the opportunity to be recognised as WA’s best!

Nominations are now open – just visit the www.hospitalitywa.com website.

To assist in the promotion of the competition, each venue will be provided with marketing tools including posters,

flyers and more!

The competition will be promoted through a variety of media including print, online and radio throughout April.

Once your venue has been nominated, patrons can vote for their favourite steak sandwich online. The consumer

voting process determines five metropolitan and five regional finalists. Each finalist is then invited to compete in

their respective steak sandwich cook-off, held at the AHA Hospitality Expo.

Metropolitan cook-off - Wednesday 14 May

Regional cook-off - Tuesday 13 May

The two cook-off winners (metropolitan and regional) will receive automatic entry as the sole finalists in the AHA

Hotel & Hospitality Awards for Excellence ‘WA’s Best Steak Sandwich’ category.

Nominate online at www.hospitalitywa.com by Wednesday 12 March 2014.

Hospitality Conference & Expo 2014

Save the Dates - 13 & 14 May 2014, Crown Perth

Hospitality Conference

Western Australia's only dedicated hospitality conference is a condensed and

comprehensive two day educational program that will benefit all hospitality management levels.

An exciting line up of inspirational speakers have been selected to help you save money and make money! Session

information will be coming soon to your venue.

Hospitality Expo

Hospitality Expo offers an extensive range of innovations and ideas for visitors to discover the latest premium

hospitality products and services.

Exhibitors have been selected to present the very best and freshest industry thinking ensuring that visitors will see

first-hand products and services showcased from over 100 industry suppliers.

WORKPLACE RELATIONS

Four Year Modern Review - AHA Campaigns for Changes

In 2012, the Fair Work Commission conducted a 2 year Review of the Hospitality

Industry (General) Award. Out of that Review the AHA achieved some valuable

changes.

This year, a 4 year review of the modern award commences and the AHA will

again campaign to have changes made in our member’s interests.

The first Fair Work Commission hearing was held on 5th February 2014 to identify common award matters. The

AHA advocated three significant matters it will be pursing. These recommendations are based on member

consultation over the past four years.

They are:

1. Public Holidays - Clause 37

The AHA will pursue claims in relation to Public Holiday entitlements to limit the number of public holidays to which

penalty rates apply.

(With regard to this claim the AHA sought to pursue it during the 2 Year Review. In its decision of 12 April 2013

[2013] FWCFB 2168, the FWC identified that the application was not within the relevant framework of the 2 Year

Review.)

2. Part-time employment conditions – Clauses 12 and 7

The AHA will pursue claims to:

Create greater flexibility with respect to part-time hours of work.

Enable greater flexibility of individual part-time conditions.

3. Penalty Rates – Clause 32

Amend the penalty rates regime to reflect the hospitality industry’s operational needs. This will be a major focus of

our attention.

Additional HIGA Matters

Other concerns such as, having casuals included under Clause 27.2 Managerial Salary Absorption, multi-hire and

more defined clauses for ordinary hours and overtime.

Where To From Here

We anticipate formal proceedings will commence in the second half of 2014.

This provides the AHA with the opportunity to undertake the necessary research associated with its claims. We will

be seeking valuable member input and assistance.

The Fair Work Commission stated during the 2 Year Review that with regard to significant award changes,

parties must put forward detailed empirical evidence in support of their claims. The absence of such data would

result in the claim being dismissed. Therefore, the AHA will need members support to collect and analyse data that

will give weight to our claims.

For example, evidence that demonstrates that it is not economically viable to operate at particular times, such as

a public holiday, due to excessive wage cost.

If you are able to assist, please email Dalton Ryan, Senior Workplace Relations Adviser

on iradmin@ahawa.asn.au to express your interest to be involved.

Public Holiday Reminder

The upcoming public holidays are as follows;

Good Friday- Friday 18th April 2014

Easter Monday- Monday 21st April 2014

ANZAC Day- Friday 25th April 2014

WA Day- Monday June 2nd 2014

Refer to the applicable Public Holiday Workplace Relations Alert for further

information.

The relevant alerts are;

Number 5 of 2013 for Hospitality Industry (General) Award 2010 covered employees

Number 6 of 2013 for Restaurant Industry Award 2010 covered employees

Number 8 of 2013 for non-constitutional corporations

These alerts and the Nation Employment Standard on Public Holidays can be accessed on the members section of

the AHA (WA) website- www.ahawa.asn.au/

If you are a new business incorporated after March 2006 email iradmin@ahawa.asn.au

For Constitutional Corporations, the National Employment Standards as prescribed by the Fair Work Act 2009

states under Section 114 Entitlement to be absent from Employment on a Public Holiday the following

requirements. These being;

Section 114(2) An employer may request an employee to work on a public holiday if the request is

reasonable.

Section 114(3) If an employer requests an employee to work on a public holiday, the employee may refuse

the request if:

(a) The request is not reasonable; or

(b) The refusal is reasonable

Section 114(4) In determining whether a request, or a refusal of a request, to work on a public holiday is

reasonable, the following must be taken into account-

(a)The nature of the employer's workplace or enterprise (including its operational requirements), and the nature of

the work performed by the employee;

(b) The employee's personal circumstances, including family responsibilities;

(c) Whether the employee could reasonably expect that the employer might request work on the public

holiday;

(d) Whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a

level of remuneration that reflects an expectation of, work on the public holiday;

(e) The type of employment of the employee (for example, whether full-time, part-time, casual or shiftwork);

(f) The amount of notice in advance of the public holiday given by the employer when making the request;

(g) In relation to the refusal of a request--the amount of notice in advance of the public holiday given by the

employee when refusing the request;

(h) Any other relevant matter.

It is advised that Constitutional Corporations inform their employees in writing that they may be required to work

on a public holiday as the business is a 7 day a week operation.

To further endorse this and make staff aware of this requirement, you should include a clause in your contracts of

employment that state this expectation. Template employment contracts can be obtained from the AHA (WA)

Workplace Relations Department.

For Further information contact Dalton Ryan, Senior Employment & IR Adviser

at iradmin@ahawa.asn.au

McDonalds Fined

Fast food giant McDonald's has been chastised by the Western Australian

Commerce Minister, Michael Mischin for illegally employing a 14-year-old girl

working an overnight shift of nearly 15 hours.

The Minister’s comments came after the a McDonalds Rockingham store was fined

$15,000 last week in the Perth Industrial Magistrates' Court for employing a child

aged younger than 15 years to work unlawfully.

The Court heard the child worked five separate shifts that were completed after 10pm, in breach of the Children

and Community Service Act.

Minister Mischin said he was appalled that the McDonalds employed the 14-year-old child in a long overnight shift,

which was "well outside what is reasonable and lawful".

During one shift, the child commenced work at 3.21pm on a Saturday afternoon and did not conclude her shift

until after 6am the following day; this was a 15 hour stretch.

The laws in Western Australia regarding the employment of those under the age of 18 are very specific. In a

general sense, those aged 13 to 14 are only allowed to do specific jobs with the written permission of their

parent or guardian. Those jobs are;

Delivering newspapers, pamphlets or advertising material

Working in a shop, retail outlet, cafe or restaurant

Collecting shopping trollies

The may only work between 6am to 10pm and not during school hours

Those aged 15 and above may work in a hotel or restaurant but they must not handle alcohol in any way,

shape or form and this includes but not limited to; stocking fridge’s with beer or wine, removing wine or beer

bottles or clearing tables/trays etc. that had alcohol on or in them.

For those members who have a restaurant inside a Hotel as per of their business, children aged 15 or more may

work there providing they adhere to the guidelines set out above.

One of the rare exceptions to this would be if the child was engaged in a formal training program with a Registered

Training Organisation that allows them to handle alcohol as part of their course. This would be formally

documented and the child, parent/guardian and hospitality business had signed off accordingly.

Furthermore, a child or juvenile must be supervised at all times by someone aged 18 or over. For example, if a 17

year old is working as a guest services attendant they must not be left alone whilst cleaning a room.

The laws regarding the employment of juveniles are very defined and as illustrated with this case the Department

of Child Protection will not hesitate to prosecute and ‘name & shame’ those caught contravening the laws.

Children under 15 require a letter from a parent or guardian giving written permission for the child to

work in a restaurant.

To cover yourself, you should receive written permission from the parent or guardian of any child less

than 18 years of age.

For any further queries relating to the employment of minors, contact the Workplace Relations Department on

9321 7701.

DON'T FORGET THE SERVICES WE PROVIDE

Do your Managers all hold an Approved Manager ID Card?

IMPORTANT NOTICE

Completing a Course in Management of Licensed Premises does not mean you are

deemed to be an "approved manager".

Since the Department of Racing, Gaming and Liquor implemented the Approved

Manager ID Card (s.102 of the Liquor Control Act) in 2011, it has come to our

attention the confusion around the process in becoming an Approved Manager.

Notwithstanding the information provided regarding the application process, there

are still some individuals who believe that successfully completing this mandatory

training automatically deems them to be “approved managers”.

This is not the case. An online application must be submitted through the DRGL

website and lodged at a participating Australia Post Outlet. When the application

is lodged, a photo taken and money paid for the application, the applicant will obtain a receipt from Australia Post

to prove that the application has been lodged. This receipt entitles the applicant to start acting in the role of

“approved manager” until DRGL determine the application.

It is vital to your continued compliance that all approved managers have obtained approval from DRGL and have

been issued with the Approved Manager ID Card or as a minimum, a receipt from Australia Post to prove that an

application has been lodged. (Please note that this receipt does have an expiry date and cannot be used

indefinitely).

The Police & DRGL are extremely vigilant in ensuring licenced venues are complying with this regulation. The

Australian Hotels Association (WA) delivers training in the Course in Management of Licensed Premises (MLP1)

both in the classroom environment and online, and information regarding how to apply to be an Approved

Manager is provided to all participants.

If you have an approved manager on shift and they do not hold the relevant ID card or valid receipt from Australia

Post, you are potentially liable for an infringement.

View the Approved Manager Lodgement Guide here.

IN THE NEWS

Catching Perth's wave in Western Australia

Conjure up a city embodying all things right about cities. Assuming you lean

toward the progressive, I’ll wager your rendering includes the following: multiple

parks and waterfronts; spotless subways and free public buses; restaurant menus

with organic, locally sourced food and wine; cool bars in heritage buildings; and

pop-up everything, from farmers’ markets to cinema and yoga.

Welcome to Perth.

The capital of Western Australia, where some 1.8 of the state’s two million residents live, left this New Yorker

mesmerized: Could a city really be so easy, breezy, green and pristine — so positively livable? I’d thought

Williamsburg was hipster heaven; it pales beside Perth.

Read the full article here.

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