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
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.
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.
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
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.
Smoking restrictions were also put place in September 2010 prohibiting 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.
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.
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).
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