Restaurants, Bars and Cafés

Restaurants, Bars and Cafés

Melbourne is famous for its hospitality industry, and the city’s restaurants and cafes are buzzing with activity—but running a hospo business comes with its own set of legal challenges that need a special touch.
Victorian hospitality businesses
Annual hospitality revenue in Australia
$ b

Serving up Success

At Sanicki Lawyers, we understand that running a restaurant or café is no small feat. From managing daily operations to delighting customers with exceptional food and service, the last thing you want to worry about is legal challenges. That’s where we come in. We’re here to offer the tailored legal support that food service businesses need to thrive.

Our experienced team specialises in helping restaurants, cafés, and other food service establishments navigate the complexities of the industry. Whether you’re dealing with regulatory compliance, employment issues, lease disputes, or intellectual property protection, franchising or any number of operational hurdles, we’ve got your back.

Whatever the issue, our practical, strategic solutions are designed to keep your business running smoothly and legally. We believe in providing proactive, easy-to-understand advice that minimises risks and maximises opportunities for success.

Let us take care of the legal details so you can focus on serving up success. Reach out to Sanicki Lawyers today for a consultation and discover how we can support the growth and stability of your restaurant or café.

We offer comprehensive legal services, including:

Regulatory compliance

Navigating health and safety regulations, food safety standards and local zoning laws to ensure your business remains compliant.

Planning Permit Applications and Variations

We assist with preparing and submitting planning permit applications, including variations to existing permits to ensure your business is fully compliant before you operate your business, whether for new locations or modifications to existing ones.

Permitted Use under Planning Schemes

We can help you understand and confirm the permitted use of your premises under local planning schemes, ensuring that your business activities meet local zoning laws.

Local Laws and Footpath Trading

We can provide guidance on complying with local laws, including obtaining permits for footpath trading, outdoor seating and signage, ensuring that your business remains compliant with local council regulations.

Traffic Management

If your business is located in a high-traffic area or involves the management of delivery vehicles or customer parking, we can help navigate traffic management requirements to avoid potential legal issues.

Environment Protection Authority (EPA) Noise Protocols

We help you understand and comply with noise regulations set by the EPA, minimising risks associated with noise complaints from neighbours and local authorities.

Liquor Licenses

Whether you’re applying for a new liquor licence or managing existing licensing obligations, we provide legal expertise to guide you through the application process, compliance requirements and renewals.

Dealing with Neighbourhood Complaints

We offer practical advice and representation for handling complaints from neighbours, whether in relation to noise, odours or other disturbances, ensuring your business can address issues proactively and avoid legal conflicts.

Employment Law

Addressing hiring, employee contracts, wage disputes, and workplace issues, so you can maintain a happy, productive team while avoiding potential legal pitfalls.

Lease and Contract Disputes

We assist with negotiating leases, handling disputes with landlords, reviewing supplier, customer and equipment contracts to protect your business interests.

Franchising

If you’re considering expanding your band or opening a franchise, we can help with establishing your franchise system and preparing the franchise agreement to ensure that you comply with franchise laws and ensuring that your franchise model is legally sound.

Intellectual Property Protection

Safeguarding your brand, recipes, and proprietary information with trademark and copyright protection.

Reviewing Terms and Conditions

We provide in-depth reviews of your business’ terms and conditions, ensuring they are clear, fair and legally binding. Whether it’s for your website, customer agreements or vendor contracts, we ensure that your terms protect you from legal risks.

Dispute Resolution

Whether it's handling customer complaints, supplier disagreements, or legal claims, our team is ready to manage disputes effectively and help you avoid costly litigation.

Our Industry Expert Team:

Grace Madafferi

Solicitor

Grace joined Sanicki Lawyers in 2024 and practices in litigation, with a focus on building disputes, employment law, banking and finance – including fraudulent transfers and irresponsible lending claims, defamation, probate, wills and estates, and intellectual property and trade mark enforcement. Grace is also part of the Hospitality Law Team being involved with liquor licensing, defending infringements, evidence review, liaising with Victoria Police, and briefing and instructing Counsel for hearings. Grace assists Special Counsel Terence O’Brien with all liquor licensing and council disputes and prosecutions including complex licensing prosecutions under the Liquor Control Reform Act 1998, Planning and Environment Act 1987 and EPA Noise Regulations by managing infringements, conducting complex evidence reviews, liaising with Victoria Police and Liquor Control Victoria, and preparing briefs and instructing for Counsel. In addition to litigious Hospitality Legal work, Grace presents on premises licensing compliance training for licensees and their staff to prominent venues around Melbourne. Grace’s meticulous approach and deep understanding of liquor licensing laws ensure her clients’ matters are handled with precision and efficiency.

Prior to joining Sanicki Lawyers Grace completed her Bachelor of Laws and Business at Australian Catholic University, where she was awarded the Vice-Chancellor Award for Outstanding Achievement. She was admitted to practice in 2023 after completing her practical legal training at Leo Cussen. Grace also has experience assisting Tiffany & Co. as an Assistant to the International Trademark Enforcement Director, where she assisted in training Australian Border Force officers on counterfeit goods and trademark laws.

Grace’s practice is grounded in providing clear, practical legal advice and navigating complex matters to ensure clients’ legal needs are met efficiently. She is known for her proactive approach and strong communication skills, ensuring her clients receive comprehensive support. In addition to her legal career, Grace has developed a strong interest in various hobbies, including reformer Pilates, and is a passionate Melbourne Football Club member. She is also actively involved in the Victorian Women’s Lawyers Mentoring Committee, where she supports the professional development of law graduates and newly admitted lawyers.

Terence O’Brien

Special Counsel

Terence is an experienced litigation and liquor licensing lawyer with over 14 years of practice. His expertise spans contract and commercial disputes, property law, planning litigation, corporate governance, construction, insolvency, product liability, professional negligence, employment issues, and regulatory investigations and prosecutions.

Before becoming a lawyer, Terence gained valuable firsthand experience as a manager and nominee of prominent venues in Chapel Street, where he honed his skills in liquor licensing investigations and eventually defending liquor licensing prosecutions. This unique and localised background experience gives him an unmatched understanding of the complexities of the liquor licensing law and enforcement and the challenges faced by licensees in an uncompromising regulatory environment.

Terence regularly appears in all Victorian Courts and Tribunals, as well as in Federal jurisdictions, providing comprehensive legal representation across various levels of the legal system.

Robert Toth

Special Counsel

Robert joined Sanicki Lawyers in 2022. He is an Accredited Commercial and Franchise Specialist with over 35 years of experience in acting for commercial and business clients and property. Rob commenced practice in 1982 and is a regular commentator and publisher of articles on the franchising, licensing, distribution and childcare sectors. Rob developed considerable business acumen while working for his brother Ted in Ted’s Camera Store, which continues to be an iconic Australian business. Rob enjoys the challenge of finding lateral solutions, giving direct “no bull” advice to clients, and getting the job done. Robert and his team at Sanicki Lawyers are dedicated lawyers that work hard for clients and find commercial solutions. The firm operates in an open and transparent manner regarding fees, including fixed fees based on scope of works for many services provided. This allows clients to monitor and budget for their legal costs.

Rob has expertise in the following sectors:

  • Franchising: Acting for both Franchisors (local and international), Franchisees, Master Franchisees, Area Developers; Franchise dispute resolution acting for both Franchisors and Franchisees – solutions and strategies – mediation;
  • Company and Corporate advice: Corporations Law – Director’s duties, corporate compliance and ASIC prosecutions of directors;  Establishing companies in Australia for foreign companies; General commercial, corporate advice and consultancy, shareholder/unit holder agreements and buyouts; Oppression actions and statutory demands for winding up and insolvency;
  • Business and Corporate M&A work: Mergers and Acquisitions of a small to large business enterprises including due diligence processes;
  • Retail and Commercial Leasing: Retail leasing, property and development projects, joint venture syndicates;
  • Contractual matters: Contract review tenders and trade practices law (Competition and Consumer Act 2010); Licensing and distribution, commercial and contractual agreements, software licensing and development agreements;
  • Childcare and Early Learning Sectors: Child Care and Early Learning Centre Sector – Investors, Developers and Operators;
  • Medical and Allied health: Pharmacies and medical practise sale and purchase;
  • Renewable Energy Law: Power Purchase agreements in the solar and renewables sector.

 

Robert is also a member of:

  • Franchise Council of Australia (FCA)
  • International Franchise Lawyers Association (IFLA)
  • Australian Institute of Company Director (AICD)
  • Global Law Network
  • Resident Director and Public Agent for overseas companies in the USA, India and Canada
  • Advisory Board Member to Franchisor and New Energy companies
  • Advisor to NFP’s Aid Hub International

Jonathan Xian

Senior Associate

Jonathan practises primarily in defamation lawlitigation and commercial law. He is known for providing thorough guidance and reassurance to his clients during all stages of complex legal matters. He has acted on both sides of defamation matters involving all kinds of print and online publications, including major daily newspapers and social media. Jonathan’s comprehensive understanding of defamation law enables him to advocate fiercely for his clients, whether in pursuing or defending defamation claims. His successful defamation cases have included:

  • Spencer v McKay [2023] VCC 2238
  • Lorbek v King [2022] VSC 218 (trial) and [2023] VSCA 111 (appeal)

 

Jonathan has extensive experience in civil litigation, having acted in Courts and Tribunals of all levels. With a commercially minded approach to dispute resolution, he has a track record of negotiating successful outcomes without commencing legal proceedings, as well as the efficient resolution of defended matters.

At the same time, Jonathan has a substantial practice in a broad range of commercial law areas, including business sales and acquisitionsretail and commercial leasingbusiness structuring and commercial disputes. He is a trusted advisor to small and medium-sized businesses across a diverse range of industries, including retail, hospitality, manufacturing, real estate, construction, health and media.

Holding a Bachelor of Laws (with Honours) and Bachelor of Music from Monash University, Jonathan is also a classically trained pianist and composer. When not immersed in reading contracts or analysing defamatory publications, you’ll find him at the piano, preparing for his next concert.

Testimonials

Terence is an exceptional lawyer with deep expertise in liquor licensing. His expertise in licensing, compliance, and regulatory matters has been invaluable to our business. Always available, highly efficient, and incredibly knowledgeable, he translates legal complexities into clear, actionable advice. His professionalism and personable approach make him a trusted partner in our business.
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— Good Company Bar Group
We really value training at HQ Group. It’s so obvious to ensure our teams are armed with first aid, food safety and leadership development. After completing our first Liquor License Masterclass the feedback has been phenomenal, you provided our team with the knowledge and confidence to manage licensing inspections. You read the room, our team were totally engaged with your delivery, humour and insight into navigating legal jargon. Thank you Terence & Grace.
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— HQ Group
Chelsea, Darren and the broader team at Sanicki Lawyers are an integral part of our business… It’s a bonus that they’re incredible to work with. We can’t recommend them highly enough – and wouldn’t trust anyone else with our contracts or business requirements
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— Giorgio M

Learn more from a Sanicki lawyer today.