Other Regulations

Topics covered in this section are as follows:

  • Club Music Compliance
  • Food Safety Standards
  • Tobacco Control & Smoking in Public Places

Clubs WA members will be able to access the below compliance information as well as many other tools and templates from the Clubs WA members website www.clubswa.com.au/members  

Club Music Compliance

Under section 85(1) of the Copyright Act 1968 (“the Act”), the copyright in relation to a sound recording is the exclusive right to do all or any of the following acts:

(a) to make a copy of the sound recording;
(b) to cause the recording to be heard in public;
(c) to communicate the recording to the public; and
(d) to enter into a commercial rental arrangement in respect of the recording.

Music video clips fall within the definition of “cinematographic film” in the Act.  Under section 86 of the Act, the copyright in relation to a cinematograph film is the exclusive right to do all or any of the following acts:

(a) to make a copy of the film;
(b) to cause the film insofar as it consists of visual images to be seen in public or insofar as it consists of sounds to be heard in public; and
(c) to communicate the film to the public.

Copyright in a sound recording or a music video is generally infringed if a person other than the copyright owner or a person authorised by the copyright owner does any of these acts.

Clubs can comply with the Act through the following organisations.

PPCA – website www.ppca.com.au

Clubs WA – website www.clubswa.com.au

Food Safety

Under the Food Safety Standards Australia New Zealand Standard 3.2.2 Food Safety Practices and General Requirements, owners of food businesses are responsible for making sure that people who handle food or food contact surfaces in their business, and the people who supervise this work, have the skills and knowledge they need to handle food safely.

What are the required skills and knowledge?

Your staff and their supervisors must be able to do their work in ways that ensure your club produces safe food. They must also be aware of issues associated with food safety and safe food handling practices that are relevant to your club and to the jobs they do for you.

How do I make sure that staff have appropriate skills and knowledge?

Formal training is not required. There are many different things you can do and factors you can take into account to ensure that staff have the skills and knowledge needed for their work. Some examples are:

  • ‘In house’ training by other qualified staff or the manager of the club.
  • Handing out food safety and food hygiene information for staff to read and be aware of.
  • Defining operating rules that set out the responsibilities of food handlers and their supervisors.
  • Sending staff to food safety courses run by a qualified organisation.
  • Hiring a consultant to run a course for the staff.Recruiting staff with formal industry based training qualifications.

Clubs can choose the approach that best suits their business, provided they can be confident that their staff have the skills and knowledge needed for the work they do.

How can I comply with the skills and knowledge requirement?

Clubs may find the following questions useful when considering the requirement regarding food handling skills and knowledge:

  • Have you identified the food handling and safety risks in your business?
  • What food handling tasks do different staff members carry out?
  • Have staff been told or shown how to handle food safely within your business?
  • Is someone responsible for making sure any set procedures or rules are followed?
  • Do you have the equipment and space that staff need to keep work areas clean?

Clubs which ensure that their food handlers have safe food handling skills and knowledge, supervise the work of their staff, and regularly remind them about safe food handling practices, should find it easy to comply with the required skills and knowledge requirements.

To learn more about Food Safety Standards click here

Clubs WA can provide assistance and online training with Food Safety. Clubs WA – website www.clubswa.com.au

Tobacco Control & Smoking Public Places

In Western Australia, smoking has been prohibited in all enclosed public places since July 31 2006. To understand more about what an ‘enclosed space’ is defined as, and your obligations, please click here. 

The Tobacco Products Control Amendment Act 2009 (the Amendment Act)  came into effect on 22 September 2010.

Smokefree Outdoor Eating Areas

Smoking restrictions put into place in September 2010 prohibit smoking in outdoor eating areas unless you are in a smoking zone. 

A person must not smoke in an outdoor eating area unless the place in which the person is smoking is a smoking zone. 

An ‘outdoor eating area’ is a public place or a part of a public place:

that is provided, on a commercial basis, as an area where food or drink may be consumed by people sitting at tables, and that is not an enclosed public place.

Smoking bans will apply in outdoor eating areas, where people eat and or drink while sitting at tables, for example restaurants, cafes, delis, lunch-bars and other food outlets. 

Liquor Licensed Premises

The responsible person (Owner/Occupier) of a liquor licensed premise that is not the subject of a restaurant licence may allocate a smoking zone up to 50% of all outdoor eating areas, provided the area is not already an ‘enclosed public space’. 

A ‘smoking zone’ is a place in a liquor licensed premise that: Is not in a place on the premise to which a restaurant licence applies, is an outdoor eating area at the premise, and has a total area not more than 50% of the whole area of that outdoor eating area. 

Owners and occupiers (the person in charge) of a licensed premises must make sure that the boundary between smoking and non-smoking areas is clear to everyone.

Owners and occupiers of licensed premises have been encouraged to reduce the amount of second-hand smoke that their customers will be exposed to. They can choose to ban smoking entirely in their licensed premises.

Signs in liquor licensed premises

Smoking and non-smoking areas must be clearly separated at all times.

‘No smoking’, ‘Smoking prohibited’ or no smoking symbol signs must be easily seen by a person at a public entrance to the outdoor eating area and located within the non-smoking zone.

Responsibilities of owners and occupiers of licensed premises

The owner or occupier of a licensed premise (the person in charge) also commits an offence if a person smokes in an outdoor eating area.

The Department of Health will provide suitable signs to assist Clubs in communicating the restriction.  

Who enforces the smoking ban?

Local governments are mainly responsible for enforcing matters about smoking in outdoor eating areas and can appoint environmental health officers or additional officers, for example rangers, to assist with enforcement.

Find contact details for local government (external site).

Penalties

If you smoke in an outdoor eating area the following penalties (fines) may apply:

  • maximum court imposed penalty – $2000
  • infringement notice  – $300.

For more information please contact the Tobacco Control Branch:

Telephone: 1300 784 892
Email: tcb@health.wa.gov.au

Website: www.health.wa.gov.au/tobaccocontrol

Smoking in Public Places

The information below has been copied from the Government of Western Australia (Department of Health) website.

Enclosed public places smoking prohibitions

From 31 July 2006, the Tobacco Products Control Regulations 2006 (external site) made under the Tobacco Products Control Act 2006 (external site) prohibit smoking in all enclosed public places including those on licensed premises. The only exception to this is the Crown Casino’s International Room.

This means that in addition to venues which were required to be smoke free prior to 31 July 2006 (e.g. shopping centres, theatres, airports, cinemas, cafes and restaurants etc), venues such as pubs, sporting clubs, night clubs and licensed restaurants are now also required to be smoke free inside.

General information is available for occupiers of enclosed public places, enforcement officers and the general public.

Outdoor public places smoking prohibitions

Outdoor eating areas are smoke free

Smoking bans apply in outdoor eating areas, where people eat and/or drink sitting at tables (e.g. restaurants, cafes, delis, lunch-bars and hotels). 
Liquor licensed premises that are not subject to a restaurant licence may set aside up to 50 per cent of outdoor eating areas as smoking zones.

Forms, Signage and Resources

Resources, including “No Smoking” stickers and table cards, posters, and information brochures have also been produced.

These resources are provided free of charge. Information on how to order them can be found within the Forms, Signage and Resources page of this website.

Breakout Areas

The Department of Racing, Gaming and Liquor has produced Guidelines for occupiers of licensed premises wishing to establish outdoor areas (known as ‘breakout areas’) to allow patrons to smoke and consume alcohol within or adjacent to licensed premises. These Guidelines titled “Guidelines for Licensees Seeking to Establish Breakout Areas” (PDF 21KB) have been produced to facilitate the changes to the smoking in enclosed public places legislation and to meet public and industry needs for greater flexibility in the use of outdoor areas of licensed premises.

The application process for creating a breakout area is included in the Guidelines and requires approval by both the local government authority in which the licensed premises is located and the Department of Racing, Gaming and Liquor. To know more about breakout areas, please contact the Department of Racing, Gaming and Liquor on (08) 9425 1888 or for country callers 1800 634 541.

Smoking in the workplace

Smoking in a workplace is covered under the Occupational Safety and Health Regulations which are administered by Worksafe which is a division of the Department of Commerce.  The provisions in the Occupational Safety and Health Regulations that relate to Environmental Tobacco Smoke are similar to the smoking in enclosed public places provisions in the Tobacco Products Control Regulations 2006.

Supporting smoke-free workplaces – a policy implementation guide (PDF 510KB) has been designed to assist in the development and implementation of a smoke-free workplace policy that complements legislative bans in enclosed workplaces and extends to all outdoor workplaces.

The guide provides information on the health effects of exposure to environmental tobacco smoke, current smoke-free legislation and the steps that must be taken in order to meet the legal requirements. The document also details the ways in which organisations can help to encourage and support smoking cessation. It offers a step-by-step guide to the policy planning and decision making process and provides a sample smoke-free workplace policy.

Health Effects of Second Hand Smoke

This legislative change has been brought about to further reduce community exposure to Second Hand Smoke (SHS). The health effects of SHS exposure are well documented and indisputable. Numerous scientific studies have demonstrated the exposure to SHS causes or promotes a number of illnesses and diseases, including lung cancer and heart disease.

The United States Surgeon General’s latest report on smoking and health titled “The Health Consequences of Involuntary Exposure to Tobacco Smoke” (PDF) (Warning: Large File – 19.83MB) was released on 27 June 2006. The report contains six major conclusions.

  • Second hand smoke causes premature death and disease in children and in adults who do not smoke.
  • Children exposed to second hand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory infections, ear problems, and more severe asthma. Smoking by parents causes respiratory symptoms and slow lung growth in their children.
  • Exposure of adults to second hand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer.
  • The scientific evidence indicates that there is no risk-free level of exposure to second hand smoke.
  • Many millions of Americans, both children and adults, are still exposed to second hand smoke in their homes and workplaces despite substantial progress in tobacco control.
  • Eliminating smoking in indoor spaces fully protects non-smokers from exposure to second hand smoke. Separating smokers from non-smokers, cleaning the air, and ventilating buildings cannot eliminate exposures of non-smokers to second hand smoke.