New Food Premises

What is a food business?

Food businesses are defined under the NSW Food Act 2003.

The definition includes any business, enterprise, or activity of a commercial, charitable or community nature involving the handling or sale of food.

The includes single-occasion events.

Register a new food premise

When opening a food business, there are specific requirements before you can operate.

You’ll need:

  • Approval of any initial construction or renovation
  • Approval to occupy the premises
  • To either hold a NSW Food Authority licence or notify the relevant authority to register your business
  • If you require an inspection, please call Council’s Customer Service Team on 02 6740 2100.

Food and Beverage Vendors are required to complete the following form to operate in Gunnedah Shire Local Government Area.

There is no fee to register your food business with Council. However, fees are charged for any inspection carried out by Council’s authorised officers, in accordance with the Food Act 2003 and the Local Government Act 1993.

All food businesses in NSW must either:

  • Hold a current NSW Food Authority License (this applies only to specific food businesses in sectors covered by a Regulation under the NSW Food Act 2003); or
  • Notify Gunnedah Shire Council of their food activity details. This applies to almost all other food businesses and includes those involved in temporary events and businesses which sell any sort of food or food ingredients as any part of their business. It is required by national food law (Food Safety Standard 3.2.2.)

The only exception to either of the above are not-for-profit fundraising events, which are not required to notify.

As well as notification, all food businesses must comply with the relevant food standards.

Failure to comply with these requirements is an offence and which may result in the issue of a Food Improvement Notice, prohibition order, Penalty Notice (fine) or Court Proceedings.

 

Inspection of premises

Council’s Environmental Health carry out inspections of food premises from time-to-time, to check compliance with relevant food safety requirements and standards. After carrying out an inspection, an invoice will be forwarded for payment, in accordance with Council’s Pricing Policy.

Food Safety requirements

The design, construction and the ongoing operation of all food premises must comply with the relevant requirements of the Food Act 2003, Food Regulation 20110 and the Australian and New Zealand Food Authority (ANZFA) Food Safety Standards at all times. 

Building or renovating premises

If you’re constructing a food premises from an empty shop, making changes to an existing food premises, or even considering using your own home kitchen commercially, please read the information below to help your journey.

  1. Check whether Development Consent (DA) is required. If unsure, you make an appointment with one of our duty planners.
  2. Typically works start once your certifier has issued a construction certificate. Registered building certifier’s need to ensure food premises construction standards are met during the construction phase.
  3. You may need to get plumbing approval for any plumbing works, including the installation of a grease trap. Council's Plumbing and Trade Waste Officers will visit to inspect works under these approvals. You will also need to submit a liquid trade waste application for assessment. Learn more about the process here. 
  4. A Council Environmental Health Officer will conduct a final inspection of the kitchen prior to opening. You will also need to notify (sometimes called register) the food business with Council.
  5. A home-based business (Home Occupation) kitchen must comply with the same food premises construction standards that would apply for a commercial shop. Therefore, you should consider whether it is more viable to hire an existing commercial/community kitchen for your food preparation. The NSW government has some advice regarding what can be done at home.
  6. After construction works have been completed, an Occupation Certificate may be needed. This can be done through the NSW Planning Portal.

Registering your business

Your premises may also require development approval if you are operating a food premise.

Development Approval 

 

Purchasing and existing food business

Prior to buying an existing food premises business you may wish apply for a pre-purchase inspection report from our Building and Strategic Projects team.

We will inspect the premises and compile a report detailing any issues with the physical premises from a food hygiene perspective which can alert you to any potential problems that will require fixing. Once you have purchased the business you will become responsible for fixing any works to ensure that the premises complies with legislative requirements.

Once you have purchased the premises, you are required to register your business.

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