Paper Title: Tourism and Hospitality Fundamentals Paper Code: 907.501 Type of Assessment: Legal Plan Total Marks: 48 Weight: 35% Paper Level: 5 Tutor: Christine Flowers Submission Date: Tues 3rd Dec (week 9) 5pm LEARNING OUTCOMES COVERED: On successful completion of this paper the student will be able to: 5. Apply knowledge and skills necessary for carrying out research in the tourism and hospitality areas, where learners employ appropriate qualitative and quantitative methods; 7. Analyse and describe the range, nature and role of the regulatory framework for tourism and hospitality. BUSINESS BRIEFING: You are a business consultant who specialises in business start-ups. Your clients Eleanor King and Josh Lively asked you to assist them with the preparation of a legal plan. Your clients would like to set up a small restaurant and bar in central Queenstown. The restaurant and bar will be open from midday – 10pm daily and will be available to hire for private functions which involves being open later. Eleanor and Josh will hire two chefs and a couple of wait staff/wine sellers to help them out with running the establishment. Eleanor and Josh have never owned their own business and they come to you for advice. Josh has run a Cellar Door with restaurant for 7 years and Eleanor is a trained chef and has worked and managed a winery restaurant for 10 years. They have asked you to prepare a short legal plan outlining regulations and permits relevant to operating a restaurant and bar, selling food and alcohol, employment of staff, health and safety regulations and any other legislation and regulations that impact their business operation. INSTRUCTIONS: Produce a visually sharp professional legal plan for the business scenario above. You are required to research the most relevant laws and regulations associated with setting up and/or operating the business. Useful key issues, websites and documentation relating to your assessment can be found in “Guidelines for the Preparation of the Legal Plan” (attached to the assessment instructions on Moodle). This information covers each law and relates to the marking schedule. Use the assessment template provided on Moodle to produce your legal plan. You need to include the following: Title Page Table of Contents 1. Application of laws (8 marks for each law – total 24 marks) Health and Safety at Work Act 2015 – write for Clients (managing and controlling hazard) Staff training / what to consider emergency procedure and industry aware of (Note : Reference – café got cleaner mixed up with wine) Employment Law (same goes as above) – need to know on the license (Food Control Plan – Food Act 2014) Select one of the following laws: Liquor Licensing Law (same goes as above) Food Licensing Law (Premises Certification & Hygiene License) Provide an overview how each law applies to the business and the sector they will be operating in. Concisely describe the minimum legal standards of each law and how the business will need to apply the law on a daily basis. Refer to the handout “Guidelines for the Preparation of the Legal Plan” for key issues of each law that should be included. 2. Recommendations for each law (4 marks for each law – total 12 marks) – find case study Provide valid and industry relevant recommendations for each law. Your justification needs to include a minimum of two industry relevant cases. You may apply hospitality specific cases or applicable examples from other sectors. 3. Appendix (4 marks) You must provide a compilation of key information resources including the case studies you reviewed and any other relevant resources. 4. Writing style & References (8 marks) Clear and logical structure and formatting throughout Error free Correct use of APA referencing with in-text citations APA style reference list Legal Plan Marking Schedule (Total 48 marks) Application of laws (12 marks for each law – total 36 marks) Application of law 1 (Double Weighted) 1 Limited application & justification. Content shows limited industry awareness &/or knowledge. 2 Recommendations (Double Weighted) 1 Applicable examples/cases are used to justify & apply. Recommendations are limited/or not action orientated. Application of law 2 (Double Weighted) Limited application & justification. Content shows limited industry awareness &/or knowledge. Recommendations (Double Weighted) Applicable examples/cases are used to justify & apply. Recommendations are limited/or not action orientated. Highly applicable examples/cases are used to justify & apply. Recommendations are industry relevant, specific and action orientated for the future. Detailed and structured justification. Applies to the business and industry. Content is industry relevant and specific. NA 2 1 4 Concise, detailed and well-structured justification. Specifically applied to the business. Shows an expert understanding of industry. 2 1 Some relevant aspects & business specific justification/application. Satisfactory, but missing some key points. Content shows understanding of industry but not sustained throughout. 3 Some relevant aspects & business specific justification/application. Satisfactory, but missing some key points. Content shows understanding of industry but not sustained throughout. NA 3 Detailed and structured justification. Applies to the business and industry. Content is industry relevant and specific. 4 2 Highly applicable examples/cases are used to justify & apply. Recommendations are industry relevant, specific and action orientated for the future. N/A N/A Concise, detailed and well-structured justification. Specifically applied to the business. Shows an expert understanding of industry. Application of law 3 (Double Weighted) 1 2 Limited application & justification. Content shows limited industry awareness &/or knowledge. Some relevant aspects & business specific justification/application. Satisfactory, but missing some key points. Content shows understanding of industry but not sustained throughout. Recommendations (Double Weighted) 1 Highly applicable examples/cases are used to justify & apply. Recommendations are industry relevant, specific and action orientated for the future. 1 research Appendix/ Appendix Presentation 4 Detailed and structured justification. Applies to the business and industry. Content is industry relevant and specific. Concise, detailed and well-structured justification. Specifically applied to the business. Shows an expert understanding of industry. 2 Applicable examples/cases are used to justify & apply. Recommendations are limited/or not action orientated. 3 N/A N/A 2 Minimal evidence. Research of aspects relevant to law/ legislation is minimal. Minimal resources have been used. No variety. Information in appendix is arranged in a logical order. Headings and divisions are used N/A Good evidence. Some relevant research of law/regulations is in depth. A variety of resources have been used. 3 N/A Evidence reflects in depth research of multiple aspects relevant to law/regulations. There is comprehensive evidence of a variety of resources. (.5 off for each error) (.5 off for each error) (.5 off for each error) Layout (.5 off for each error) Reference List Sources of information/ref erencing in-text Report structure/ Spelling/ Grammar 1 2 1 to 3 spelling/grammar errors No spelling/grammar errors Follows legal plan structure with minor errors. Format of font not sustained throughout the report. The legal structure is correct and logical. Font & spacing formatting enhance the visual impact of the report Sources of facts & ideas are not always acknowledged. APA style with minor errors. All sources if facts and ideas are acknowledged. Meticulous error free use of APA. APA style with minor errors. Meticulous error free use of APA that links to in-text references. Guidelines for the preparation of the legal plan Health and Safety Act at Work 2015 Relevance Applies to all operations that employ staff. Hospitality work happens in diverse settings, which include cafes, restaurants, takeaway outlets, bars, taverns, clubs and hotels, often around the clock. Hospitality workers must deal with physically challenging work (often in confined high risk spaces) within tight timeframes over long shifts, and many employees are casual workers with minimal skills. Key issues that should be addressed: Responsibility for workplace health and safety (PCBU) Worker engagement Health and Safety Policy of the business Managing and controlling hazards (Identifying, eliminating and minimizing hazards) Hazard register Staff training: Induction and continuous training Emergency procedures Incident Reporting Industry specific code of practice Authorities that manage Health and Safety Health and safety regulator: WorkSafe New Zealand ACC Useful websites: http://www.business.govt.nz/laws-and-regulations/health-safety http://www.business.govt.nz/worksafe/information-guidance/legal-framework http://www.supportadventure.co.nz/health-and-safety-act-and-other-legislation/health-safety-act-made-easy http://www.acc.co.nz/preventing-injuries/at-work/industry-specific-safety/PI00093 Websites for case studies: http://www.worksafe.govt.nz/worksafe/news/releases Employment Law Relevance Applies to all operations that employ staff. All employees in New Zealand are covered by the Employment Relations Act (2000) and other supporting legislation. Key issues that should be addressed: Employment agreements Minimum pay Types of contracts (full-time, part-time, fixed term and casual) Break entitlements Annual holidays Public holidays Sick leave Bereavement leave Parental leave Trial and probation periods Authorities that manage employment Government: Ministry of Business, Innovation and Employment New Zealand at Work Useful websites: https://www.employment.govt.nz/starting-employment/rights-and-responsibilities/ Websites for case studies: https://www.employment.govt.nz/search/SearchForm?Search=case+studies https://www.employment.govt.nz/about/news-and-updates/ Food Licensing Law Relevance Applies to all operations that sale and supply food. Key issues that should be addressed: Laws that apply to operate a food service business Certificate of Registration and Food Hygiene Certificate Application through council (grading, application fee) Food Licenses including Food Control Plan or national food programme Authorities that manage food licensing Ministry of Primary Industries Relevant District Council Useful websites: http://www.mpi.govt.nz/food-safety/food-act-2014/where-do-i-fit/ http://foodsafety.govt.nz/industry/sectors/food-service/ http://www.hospitalitynz.org.nz/industry/food-act.html Websites for case studies: http://www.foodsafety.govt.nz/elibrary/ Sales and Supply of Alcohol 2012 Applies to all operations that sale and supply alcohol. Key issues that should be addressed: Details of license: E.g. On-licenses, off-licenses, club licenses and special licenses (General Manager License), operating hours (normal operating hours and on public holidays) Host responsibly, e.g. serving of food and non-alcoholic drinks Training of staff Advertising and promotions of alcohol Powers of the Licensing Authority and District Licensing Agencies, which have responsibilities regarding the consideration of liquor license applications Authorities: Alcohol Regulatory and Licensing Authority Police District Licensing Committee Useful websites: http://alcohol.org.nz/resources-research/alcohol-resources http://www.hospitalitynz.org.nz/industry/alcohol-law.html http://www.police.govt.nz/advice/drugs-and-alcohol/alcohol-licences Examples for referencing: 1. Internet Organisation/Corporate Author Reference List: Ministry of Business, Innovation and Employment. (2015). Employment and Skills. Retrieved from http://www.mbie.govt.nz/info-services/employment-skills In-text citation: First citied: (Ministry of Business and Innovation (MBIE), 2015) Second and subsequent citations: (MBIE, 2015) 2. Act (statute/legislation) Reference List: Copyright Act 1994. (2011, October 7). Retrieved from http://www.legislation.govt.nz In-text citation: (Copyright Act 1994, 2011)
