You need a licence if your business handles or prepares unpackaged food. This includes businesses operating from a fixed location, mobile premises, or temporary setups such as market or event stalls.
You do not need a licence if you only sell:
- pre-packaged food
- whole fruit and vegetables
- low-risk foods that are not potentially hazardous, such as chocolates, confectionery, dried fruit, cereals, uncooked pasta and spreads
- drinks like tea, coffee, soft drinks or alcohol
- primary produce sold by accredited producers.
Your licence must be approved and issued before you begin operating your food business.
Licence period
Food licences are valid until 30 September each year and are renewed annually. Your renewal notice will be emailed at least 60 days prior to the licence expiration.
Annual temporary food licences may be renewed annually and are valid until 30 September of each year or may be issued for a one-off event (non-renewable).
Food safety programs
If your food business involves catering or prepares and serves food at a childcare centre, private hospital, aged care or palliative care facility, you will need to submit a food safety program for accreditation at the same time as you submit your food business application.
Staff working in a food business can access free food safety training. Once completed, participants will receive a certificate.
For more information about food safety, visit Food safety training and guidelines.
Who can apply for a food licence
Applications must be submitted by a legal entity, such as:
- an individual person
- a partnership
- a registered company.
A trust name, business name, or shop name is not a legal entity and cannot be listed as the licence holder.
If you are taking over an existing fixed or mobile food business or starting an annual temporary or home-based food business, a new food licence is required before you start operating.
If you are starting a new food business or renovating an existing food business, you must follow the 'New food business or renovation' application process.
How to apply
1
Nominate a food safety supervisor
You will need to attach a copy of their certificate of attainment to your application. Find out about food safety supervisor requirements.
This is not mandatory at the time of application but must be submitted within 30 days of receiving your food licence.
3
We assess your application
We will assess your application and decide whether to grant or refuse the licence within 30 days. An Environmental Health Officer may inspect the premises to check if it is suitable.
If the licence is granted, the new licence holder is responsible for any outstanding requirements that apply to the premises.
A compliance assessment is required prior to applying for a food business licence if you are:
- starting a brand new food business
- setting up a food premises that has not been previously licenced
- carrying out significant renovations to an existing food business.
1
Check required development approvals
If your proposal includes changing how a site is used, or building or modifying structures, you may need development approval under the Planning Act 2016 and/or other approvals, such as building or plumbing approvals.
Contact us to discuss whether development approval may be required.
4
We assess your compliance assessment
We will assess your application within 14 days and either issue an information request if further information is required or a preliminary approval to commence constructure/fit-out.
The preliminary approval is not a licence to operate your food business. A food business licence is required prior to operating and is subject to a compliant final inspection.
Approximately 30 days before you begin operating your food business, you will need to apply for a food licence application.
6
We assess your food licence application
We will assess your application within 30 days and either issue an information request if further information is required or issue the food licence.
A temporary licence is for businesses operating from a short‑term set‑up, such as a food stall. This licence applies to one‑off events only. If you want to operate a temporary stall on an ongoing basis, you must apply for an annual food business licence.
Your application form, site plan and fee must be submitted at least 10 business days before the event. Applications may be refused if there is not enough time to process them within a shorter timeframe.
How to apply
1
Organise your documents
The application will require the inclusion of a detailed plan of the stall. The plan must include information about:
- the tent/gazebo structure e.g. roof, walls and flooring
- location of equipment for cooking/food processing
- food preparation and serving benches/tables
- hand washing facilities
- food storage such as an esky or refrigerator.
3
We assess your application
We will assess your application and decide whether to grant or refuse the licence. An Environmental Health Officer may inspect the premises to check if it is suitable.
If the licence is granted, the new licence holder is responsible for any outstanding requirements that apply to the premises.
You can apply to replace your food business licence if it has been lost or damaged.
You can surrender your food business licence if you no longer operate or wish to close your business.
Not-for-profit organisations require a licence only when meals are served at a table with cutlery 12 or more times in a financial year.
Water carriers delivering drinking (potable) water must apply for a food licence for mobile premises.