The business
For this report, I have chosen Nando’s Restaurant as my hospitality business. The restaurant is located at different parts of Australia, but the focus of this report will be on the one located at Melbourne central. Nando’s Restaurant as a whole traces its origins in South Africa where the first restaurant was opened in 1987 by two Portuguese businessmen. In Australia, the first restaurant was opened in 1991 and since then different branches have been opened in other parts of the country. In Melbourne central, the restaurant is located along 183-265 La Trobe Street and it is opened from 11:00 a.m. to 10:00 p.m. throughout the week (Nando’s, 2016). The restaurant employs between 20 and 30 employees on permanent basis.
The restaurant is well-known for its flame-grilled butterfly-cut chickens that are marinated for about 24-hours prior to being basted and cooked. Other foods served at the restaurant include pitas; wraps; burgers; paella; espetada; Mediterranean salad; nandinos; sweet potato chips; African grain salad; chips; spicy rice; coleslaw and peri-peri chips among other dishes. Drinks include Mt Franklin; coke; sprite; fanta; Bundaberg brewed drinks and goulburn valley juice among other drinks (Nando’s, 2016).
The acts
| Liquor control reform act 1998 | |
| Obligations | How the business actually complies |
| 1. Register business and notify the commission about changes made thereafter – Part 7, section 98 A & B – the owner(s) of a licensed business should register the name of that business and its address with the commission. If the addresses are changed thereafter, the owner(s) should notify the commission about those changes (The Chief Parliamentary Counsel 2013, p. 151). | To comply with this obligation, the owners of Nando’s restaurant have registered their business. |
| 2. Providing customers with refreshments so long as they are in supply – part 7, section 99 – a licensee has an obligation of providing its customers with the liquors it is licensed to sell. However, this is dependent on whether the liquor is in supply or not. If the liquor is in supply, a licensee has an obligation to provide it to its customers whenever they request for it. Conversely, if the liquor is not in supply, a licensee is not obligated to provide the liquor because it is not in supply (The Chief Parliamentary Counsel 2013, p. 151). | To comply with this obligation, Nando’s restaurant offers a variety of liquors and it provides its customers with those liquors whenever they request and pay for them. |
| 3. Free drinking water for patrons – part 7, section 99A – a licensee must provide free drinking water to patrons. The manner in which this takes place should be determined by the venue itself. In this case, the water may be provided on request or it may be provided for self-service. However, in both cases, the water should be considered readily available to patrons (The Chief Parliamentary Counsel 2013, p. 151). | To comply with this obligation, Nando’s restaurant provides its customers with water whenever they request for it. At other times, the restaurant provides clean water on its dining tables for customers to serve themselves. |
| 4. Display copies of licenses on the premises – part 7, section 101 – a licensee must cause a copy of the latest licenses to be displayed in a conspicuous place of its premises. For compliance with this obligation, the place of display should invite public attention (The Chief Parliamentary Counsel 2013, p. 154). | To comply with this obligation, the restaurant’s business permit together with other licenses is displayed at the counter of the restaurant. |
| Food Act 1984 | |
| 5. Handling food in unsafe manner when one knows it is wrong to do so – part II, division 1(8) – a person working for a licensee should not handle food for sale in a manner that the person knows can render food unsafe. The person should also not handle food in a manner that is likely to render it unsafe (The Parliament of Victoria 2010, p. 26). | To comply with this obligation, the restaurant’s employees try their level best to handle food in a manner that would not render it unsafe. They use serving spoons and sticks to serve the food and conduct the cooking and serving in a professional manner among other things. |
| 6. Handling food unsafely in other circumstances – part II, division 1(8A) – a person working for a licensee should not handle food for sale in a manner that he/she ought reasonably to know can render it unsafe (The Parliament of Victoria 2010, p. 26). | To comply with this obligation, the restaurant’s employees and the restaurant in general try their level best to handle food in a safe manner as indicated in the above case. |
| 7. Responsibility of not selling unsafe food – part II, division 1(9) – a licensee has the responsibility of ensuring that unsafe food is not sold in the licensed premises (The Parliament of Victoria 2010, p. 27). | To comply with this obligation, the restaurant ensures that chefs prepare safe food and that waiters and waitress do not sell food that has gone bad. |
| Occupational health and safety act 2004 | |
| 8. Providing and maintaining a reasonably safe working environment – part 3, division 2(21) – under this obligation, an employer has the responsibility of providing and maintaining a reasonably safe working environment to all his/her employees. An employer contravenes this act if he/she does not do the following. First, if the employer does not provide or maintain a safe working environment that is free from health risks. Second, if the employer does not make arrangement to ensure that safety is maintained at the place of work. Third, if the employer does not provide adequate facilities for the welfare of employees. Fourth, if the employer does not provide training, instruction, supervision or even information to employees to enable them to execute their duties safely. Fifth, if the employer does not maintain the place of work under his/her control (The Parliament of Victoria 2004, p. 22). | To comply with this obligation, the restaurant is neatly organized to provide its employees with a safe working environment. It is also monitored by the manager to ensure that it is safe from health hazards.
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| 9. Monitoring employees’ health – part 3, division 2(22) – under this obligation, an employer has the responsibility of monitoring the health of his/her employees. An employer also has the responsibility of providing employees with information relating to health and safety at workplace together with the person that should be conducted in case of a complaint or an enquiry about health and safety (The Parliament of Victoria 2004, p. 23). | To comply with this obligation, the restaurant’s manager is responsible for dealing with all health and safety issues at the restaurant. |
| The person responsible to ensure Nando’s restaurant complies with the obligations
Depending on the size of the restaurant together with the responsibilities that each person plays in the restaurant, different people would be responsible for different obligations. For Nando’s restaurant, the following people would be responsible to ensure that the restaurant complies with the above obligations.
First, the owners of the restaurants would be responsible for ensuring that the name of the restaurant is registered with the commission. The liquor control reform act is categorical on this issue thereby even if the restaurant’s owners would be assisted by the management team to register the restaurant; it is their responsibility to ensure that the restaurant is registered with the commission. Apart from registering the name of the restaurant with the commission, the owners of the restaurant would also be liable for notifying the commission of the changes that would be made on the addresses of the restaurant. Once again, this responsibility solely rests on the owners of the restaurant, but they might be assisted by the manager of the restaurant (Hayes & Ninemeier 2009, p. 19).
Second, the restaurant manager is responsible for ensuring that free drinking water is made available to patrons free of charge. However, in the process of doing this, the restaurant manager is assisted by the waiters and waitresses. These people are tasked with providing customers with drinks and foods. However, they cannot do it properly without the leadership of the manager. As a result, the restaurant manager has the overall responsibility of ensuring that free drinking water is provided to customers whenever they request for it (Hill & Sims-Bell 2010, p. 71). The restaurant manager is also responsible for ensuring that refreshments are made available to customers whenever customers request for them. In addition, the restaurant manager is responsible for ensuring that restaurant’s licenses are displayed well at the premises of the restaurant. This does not mean that the manager should hang the licenses on the wall of the restaurant, but it means that he should ensure that they are displayed as per the regulation (Baker, Bradley & Huyton 2000, p. 25). Besides handling all the above responsibilities, the restaurant manager is also responsible for monitoring the health and safety issues at the restaurant. He/she is also responsible for providing employees with information relating to their safety as they execute their duties in the restaurant. |
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| Possible penalties | |
| 1. If the owners of Nando’s restaurant would fail to register their restaurant and its addresses with the commission, they would be liable to pay a fine of five units. Currently, the rate of penalty unit stands at $155.46 (Victoria Legal Aid 2016, Para. 2). Therefore, a penalty of five units would be $777.3. The same amount of fine would apply if these people would fail to notify the commission of the changes they would make to the addresses of the restaurant. | |
| 2. If Nando’s restaurant would fail to provide its customers with the liquors that it is licensed to sell, then it would be liable to pay a fine of five units so long as those liquors would be in supply. Based on the current penalty rate, a fine of five units would be $777.3. This means that Nando’s restaurant would pay a fine of $777.3 for not providing its customers with the liquors whenever they request for them. However, this would depend on whether the liquor would be in supply or not. If the liquor would not be in supply, Nando’s restaurant would not be liable to pay the fine, but if the liquor would be in supply, then the restaurant would be liable to pay the fine. | |
| 3. If Nando’s restaurant would not provide free drinking water to patrons, it would be liable to pay a fine of thirty units (The Chief Parliamentary Counsel 2013, p. 151). Based on the current rate of penalty unit, the restaurant would be liable to pay a fine of $4,663.8 for violating this obligation. | |
| 4. If the management team of Nando’s restaurant would not cause a copy of business permit to be displayed on a conspicuous place of the premises, the restaurant would be liable to pay a fine of five units (The Chief Parliamentary Counsel 2013, p. 154). | |
| 5. If an employee working for Nando’s restaurant would handle food in a manner that would render it unsafe for consumption, the employee would be liable to pay a fine not exceeding $100,000 or be jailed for two years. In some instances, the employee would pay the fine and be jailed for two years. On the other hand, if Nando’s restaurant was to be found guilty of this offense, the restaurant would be liable to pay a fine not exceeding $500,000. | |
| 6. If an employee of Nando’s restaurant would handle food for sale in manner that he/she ought reasonably to know would render it unsafe, the employee would be liable to pay a fine not exceeding $75,000. If the restaurant would act in the same manner, it would be liable to pay a fine not exceeding $375,000. | |
| 7. If an employee of Nando’s restaurant would sell unsafe food knowingly to customers, the employee would be liable to pay a fine not exceeding $100,000 or be imprisoned for two years. In other instances, the employee would pay the fine and be jailed for two years. Conversely, if Nando’s restaurant would be found guilty of this offense, it would be liable to pay a fine not exceeding $500,000. | |
| 8. If Nando’s restaurant would not provide and maintain a safe working environment to its employees, the restaurant would be liable to pay a fine of 9000 units (The Parliament of Victoria 2004, p. 22). | |
| 9. If Nando’s restaurant would not monitor the health of its employees or even provide employees with the name of the person to contact in case of health and safety issue, the restaurant would be liable to pay a fine of 1200 units (The Parliament of Victoria 2004, p. 23). | |
| Suggestions
In relation to the above points, I would recommend Nando’s restaurant to do the following so that it can be more compliant with the above obligations.
First, I would recommend the restaurant manager to ensure that the copy of business permit is displayed at a conspicuous place of the restaurant. Such a place would include at the counter or at the entrance as well as exit of the restaurant. Such places would attract public attention and they would be considered conspicuous. Second, in order to make sure that refreshments are made available to the customers at all times, the restaurant manager should ensure that Nando’s restaurant does not run out of stock of the liquors. Upon doing this, the restaurant manager should ensure that the waiters and waitresses provide customers with the liquors whenever they request for them (Dopson & Hayes 2011, p. 178). Third, in order to make sure that free drinking water is made available to patrons whenever they request for it, the restaurant manager in collaboration with the waiters and waitresses should place clean water on the dining tables for customers to serve themselves. In case this water is not available on those tables, the waiters and waitresses should provide it as soon as customers request for it. Fourth, for the restaurant to improve its compliance with occupational and health act, it would be important for the restaurant’s manager to provide employees with information that would help them to improve their safety as they execute their duties. In addition, it would be important for the restaurant to hold safety trainings regularly. This way, employees would be reminded of their responsibilities in ensuring that the working environment is safe for them. |
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References
Baker, S., Bradley, P. & Huyton, J., 2000. Principles of hotel front office operations. London, Cengage Learning.
Dopson, L. & Hayes, D., 2011. Food and beverage cost control. Hoboken, N.J., John Wiley & Sons.
Hayes, D. & Ninemeier, J., 2009. Human resources management in the hospitality industry. Hoboken, N.J., John Wiley & Sons.
Hill, K. & Sims-Bell, B., 2010. Career opportunities in the food and beverage industry. New York, Ferguson.
Nando’s., 2016. Melbourne central (level3). [Online] Available at: <http://www.nandos.com.au/restaurants/melbourne-central-level-3> [Accessed 17 October 2016].
The Chief Parliamentary Counsel. 2013. Liquor control reform act 1998: no. 94 of 1998. [Online] Available at: <http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/LTObjSt7.nsf/DDE300B846EED9C7CA257616000A3571/70AC1BBE193EBF8BCA257B10001DF528/$FILE/98-94aa067%20authorised.pdf> [Accessed 25 Sep. 2016].
The Parliament of Victoria., 2004. Occupational health and safety act 2004. [Online] Available at: <http://www.legislation.vic.gov.au/domino/web_notes/ldms/pubstatbook.nsf/f932b66241ecf1b7ca256e92000e23be/750e0d9e0b2b387fca256f71001fa7be/$file/04-107a.pdf> [Accessed 17 October 2016].
The Parliament of Victoria., 2010. Food act 1984. [Online] Available at: <http://www.legislation.vic.gov.au/domino/web_notes/LDMS/LTObject_Store/LTObjSt2.nsf/d1a8d8a9bed958efca25761600042ef5/d104b68ff611fe30ca257761001fc67a/$FILE/84-10082a080.pdf> [Accessed 17 October 2016].
Victoria Legal Aid., 2016. Penalty units. [Online] (Updated 1 July 2016) Available at: <https://www.legalaid.vic.gov.au/find-legal-answers/fines-and-infringements/penalty-units> [Accessed 25 Sep. 2016].