The Hospitality Messenger

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Special Edition No.11

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.

Phase 4

Back to normal?...getting closer...

From this Saturday, 27 June 2020, current restrictions on businesses operating in the liquor, hospitality and tourism industries will be further reduced in Western Australia as the State Government implements Phase 4 of the COVID-19 recovery plan.  Phase 4 includes the following:

  1. Existing gathering limits and the 100/300 rule for venue capacities will no longer apply.

  2. The 2m2 rule will only include staff for venues that hold more than 500 patrons.

  3. There will be no requirement for seated service (except where a licence specifically requires that).

  4. Liquor can be served to patrons standing up (except where a licence specifically requires patrons to be seated).

  5. Events are now permitted except for large scale, multi-stage music festivals.

  6. Unseated performances will be permitted at concert halls, live music venues, bars and nightclubs.

At the major sport and entertainment venues (ie Optus Stadium, HBF Park and RAC Arena) a 50% capacity rule will apply.

These changes will effectively mean that most licensed premises can resume trading under their usual licence conditions. 

Licensees need to remember that they must continue to comply with the conditions endorsed on their licences and ETPs where they are more onerous than the Phase 4 trading requirements.  For example, although under Phase 4 patrons are no longer required to be seated, venues operating pursuant to a restaurant class of licence must ensure patrons are seated at a table (or a fixed structure used as table).

Also, some of the requirements under Phases 1-3 will still apply.

The State Government has also released its Phase 5 and Phase 6 plans.  Phase 5 is scheduled to come into effect on Saturday, 18 July 2020 and is intended to remove the 2m2 rule and the 50% capacity rule for major entertainment facilities.

Unfortunately for businesses reliant on interstate and international travellers, the hard border will continue for the foreseeable future. 

Click here for the State Government’s latest published guidelines and see over the page for answers to anticipated FAQs.

Licensing authority audit

The Hospitality Messenger has been informed that the licensing authority has been using the shutdown period to conduct some back-of-house cleaning of its own.

This has included an audit of the ASIC records of licensee companies to check whether there are any directors or shareholders not approved by the licensing authority or removed from the company without notification to the licensing authority.

 The Hospitality Messenger understands that so far the audit has revealed only 50% compliance. “Please explain” letters have been sent to licensees who are non-compliant. 

Licensees who have not obtained approval for any director or shareholder risk being penalised.

It would be wise for licensees to check now that they do comply.

WA Phase 4 FAQ's

Q. Do I still need a COVID Safety Plan?
Q. Do I still need a COVID Safety Plan?

A. Yes. You should review the Phase 4 guidelines and then update your COVID Safety Plan accordingly.  You still need to have your COVID Safety Plan available for inspection if requested by an authorised officer.

Q. Do I still need to display my COVID Safety Plan Certificate?
Q. Do I still need to display my COVID Safety Plan Certificate?

A. Yes

Q. Do returning hospitality workers still have to complete the online hygiene course?
Q. Do returning hospitality workers still have to complete the online hygiene course?

A. Yes

Q. Do I still need to keep a register of patrons who attend my premises for contact tracing purposes?
Q. Do I still need to keep a register of patrons who attend my premises for contact tracing purposes?

A. No.  However, the patron register that was required for Phases 1, 2 and 3 must be maintained with patron details until Phase 4 commences and then kept safely at the premises until 28 days after the official State of Emergency has been lifted.

Q. Does the 2m2 rule still apply?
Q. Does the 2m2 rule still apply?

A. Yes. The patron capacity of your venue will be determined by providing 2m2 for each patron.  Despite that, the number of patrons cannot exceed any capacity specified on the licence or ETP.

Q. Should there still be social distancing of people who do not live together?
Q. Should there still be social distancing of people who do not live together?

A. Yes.  That is why the 2m2 rule is still in place.

Are there penalties for not complying with the 2m2 rule?
Are there penalties for not complying with the 2m2 rule?

Yes.  They include fines, imprisonment and venue closure.


CLICK HERE TO READ THE HOSPITIALITY MESSENGER PDF

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

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
26 October 2018
14 November 2018
11 December 2018
21 December 2018
1 February 2019
18 February 2019
26 June 2019
12 March 2019
21 March 2019
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8 April 2019
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2 May 2019
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30 May 2019
13 June 2019
8 July 2019
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Read more ...