Starting a business in hospitality and tourism is an exciting opportunity, but it’s important that you’ve considered the risks involved. From licences to award compliance and employer obligations, our legal team is ready to help.

To start a hospitality or tourism business in Australia, you will need to prepare and register a variety of legal documents. Key requirements include:

  • Registering your business name with the Australian Securities and Investments Commission (ASIC).
  • Obtaining Workers' compensation insurance and business insurance (e.g. public liability, property damage).
  • Securing Council approval (e.g. building, planning, environmental health) and a lease agreement (if renting premises).
  • Having Health and safety policies and procedures in place.
  • Obtaining any tourism industry specific licenses and permits (e.g. accommodation, tour operator, travel agent).

If you're running a tourism business, you'll need specific licences or permits to conduct your activities. However, this may differ depending on the state or territory in which you operate.

For example, in NSW, if you're engaging in a 'commercial activity' for tourism and recreation, you'll need to obtain a Parks Eco Pass licence.

Another example is if you're providing short-term rental accommodation (such as an Airbnb). If this sounds like you, you'll need to be registered on the NSW Government STRA Register.

Our lawyers are happy to chat about what requirements apply specifically to your business, and guide you through the process accordingly.

If you're starting a hospitality business, you have several legal considerations. One of these is whether you'll need to enter into a lease agreement with a landlord.

A lease agreement sets out the details and conditions under which you can rent the premises. If you're doing so in the context of a hospitality business, you'll need to look into whether your lease agreement allows you to use the premises for commercial purposes (as some agreements do not allow this!).

In this case, the most common option is a Commercial Lease. However, since you'll be bound to the terms of this lease for quite some time, it's important that you get expert legal help when negotiating the terms. This will also affect the flexibility of your business activities on the premises, and your ability to end or extend your lease.

Our lawyers can review your lease agreement to ensure you're in the best position and your interests are protected.

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