The Hospitality Messenger

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Special Edition No.9

The Hospitality Messenger is very conscious of WA’s liquor, hospitality, event and tourism industries being hit hard by the current COVID-19 situation and is committed to providing as much support as possible.

Hospitality venues to re-open!

Following the release of new State Government measures and the Hospitality Messenger’s dealings with sections of the State Government this week, the following can be summarised regarding the re-opening of hospitality venues:

WHO?  Dine-in venues serving meals (licensed and unlicensed) with the ability to comply with the requirements including being of sufficient size to comply with social distancing requirements AND whose staff have completed the new COVID-19 Hygiene Course of training AND which have completed a compliant COVID Safety Plan AND which have displayed at the venue a COVID-19 Safety Plan Certificate.

WHEN?  From Monday 18 May 2020.        

WHERE?  Within Western Australia.

WHAT?  Compliant venues will be permitted to open their doors to the public, to sell and supply meals for dining-in and if licensed, liquor may also be sold and supplied for consumption on the premises ancillary to the meal. 

HOW?

  • Venues will be required to comply with the following:
  • A maximum of 20 dine-in patrons, seated for dining, will be permitted across the whole premises at any one time. This number excludes staff, the licensee, authorised persons such as Police, crowd controllers and take-away customers outside of the dine-in area but includes dine-in patrons of all ages.
  • A minimum of 4m2 is required for each person at the venue. Kitchens, toilets, staff-only areas and fixed furniture (eg bars) are to be excluded from the calculation. Therefore, premises will require a minimum of 80m2 of public dining area to be able to accommodate the maximum permissible capacity of 20 dine-in patrons.
  • Dine-in patrons must be consuming a meal which in this case means generally food that is:
  1. eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food; and
  2. of sufficient substance as to be ordinarily accepted as a meal; and
  3. comprising one or more courses.
  • Operators wanting to open for dine-in service must ensure all personnel working on site have completed the COVID-19 Hygiene Course.  To access the training click here.
  • Everyone on the premises who does not live in the same household must comply with social distancing requirements so that they are at least 1.5m away from anyone/everyone else.
  • Operators wanting to trade must have completed a COVID-19 Safety Plan, using the State Government template which can be accessed here.  The completed plan must be kept at the premises, ready to be inspected at any time and all staff should be familiar with its contents.  The COVID-19 Safety Plan Certificate must be displayed.
  • Operators must collect and retain contact information from dine-in patrons for contact tracing purposes. Patrons not willing to provide their personal contact details cannot dine-in and should be asked to leave.
  • The Hospitality Messenger recommends that business owners and managers read further information published by the Government, including most importantly the COVID-19 Safety Guidelines – Food Businesses (click here) and also the Guidelines for Licensed Premises (click here).  This information should assist operators to complete their COVID-19 Safety Plan.  Contact the team at Lavan to assist with queries.

WHY?  To facilitate the State Government’s Stage 2 plans in the COVID-19 recovery effort, to assist the WA economy and to provide additional services for consumers. The primary focus, however, remains health.  Social distancing and contact tracing requirements are paramount and take precedence.

CLICK HERE TO READ THE HOSPITIALITY MESSENGER PDF

FAQ

Answers to some of the questions anticipated by The Hospitality Messenger regarding trading from Monday 18 May 2020:

Q: My tables are less than a metre squared so do I still have to comply with the distancing rules if more than one person wants to sit together to eat?
Q: My tables are less than a metre squared so do I still have to comply with the distancing rules if more than one person wants to sit together to eat?

A: Yes, unless a sufficient physical barrier is between them. 

Q: What if dine-in customers refuse to give their contact information?
Q: What if dine-in customers refuse to give their contact information?

A: Then they cannot eat or drink at your venue.

Q: I have separate areas within my venue and/or an alfresco area so can I have up to 20 patrons in each area or 20 inside and 20 outside?
Q: I have separate areas within my venue and/or an alfresco area so can I have up to 20 patrons in each area or 20 inside and 20 outside?

A: No.  The 20 maximum rule applies to an entire venue; all areas combined.

Q: Because take-away customers are not included in the calculation of 20 dine-in patrons, do they still have to be physically distanced from dine-in patrons?
Q: Because take-away customers are not included in the calculation of 20 dine-in patrons, do they still have to be physically distanced from dine-in patrons?

A: Yes.  You may need to ask take-away patrons to wait outside.

Q: What might happen if my business does not fully comply with all of the requirements?
Q: What might happen if my business does not fully comply with all of the requirements?

A: Authorised people can impose penalties including closing the venue.

Q: Can patrons consume liquor before consuming a meal?
Q: Can patrons consume liquor before consuming a meal?

A: Yes, provided the meal has been ordered.

Q: Do operators have to police social distancing between patrons or ensure that people sitting close together are in fact from the same household?
Q: Do operators have to police social distancing between patrons or ensure that people sitting close together are in fact from the same household?

A: No.  Patrons are required to self-regulate this requirement.

Q: Do I have to comply with conditions of my licence such as restricting entertainment to background level only?
Q: Do I have to comply with conditions of my licence such as restricting entertainment to background level only?

A: Yes.

AUTHOR
Jessica Patterson
Partner
AUTHOR
Dan Mossenson
Emeritus Partner
AUTHOR
Alec Weston
Senior Associate
YOU MIGHT ALSO BE INTERESTED IN:
26 June 2020
03 June 2020
02 June 2020
20 May 2020
26 June 2020
02 June 2020
20 May 2020
30 April 2020
View all COVID-19
View all Liquor Licensing Updates

RELATED BLOG POSTS
2 August 2018
20 March 2018
27 March 2018
1 May 2018
24 May 2018
8 June 2018
25 June 2018
25 June 2018
4 July 2018
19 July 2018
16 August 2018
31 August 2018
17 September 2018
27 September 2018
11 October 2018
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