Permits and Licensing

If you are starting a new, taking over or making changes to an existing food business, you will need to consider whether you will need planning, building and plumbing approvals.

Planning approval

Your first step when starting a food business is to check if you need planning approval.

Council’s planning scheme guides how land can be used and developed, including the suitability of a location for mobile food businesses and the type of home-based food activities.

Food businesses may need planning approval if any of the following is involved:

• starting a new food business;
• changing the type of activity (e.g. from office space to restaurant);
• re-establishing a food business that was abandoned;
• increasing the size or scale of the business (e.g. expand the kitchen into the dining room); or
• adding outdoor cold rooms or extra dining areas.

To find out if you need to submit a planning application, you can:

• lodge an enquiry with Council (call 1300 005872 or email mailbox@lvrc.qld.gov.au);
• arrange a pre-lodgement meeting with Council (these are free of charge);
• engage a town planning consultant registered with the Planning Institute of Australia.

For further information visit Development Services.

Building approval

Building work for a food business may include:

• fit-out of the kitchen;
• adding an additional cold room or dining area; or/and
• adding a new mechanical exhaust canopy.

All building work is assessed against the building assessment provisions (including, but not limited to, the National Construction Code and the Queensland Development Code) which set the minimum requirements for building structure, fire safety, access and egress, health and amenity, and energy efficiency.

To find out if you need building approval, you can:

• lodge an enquiry with Council (call 1300 005872 or email mailbox@lvrc.qld.gov.au);
• engage a building certifier licensed with the Queensland Building and Construction Commission.

Compliance certificates for building work

Assessable building work requires building approval from a building certifier. Sometimes the building certifier relies on advice from other people for assessing the design/specification and inspection of buildings.

The building certifier uses these forms to accept advice on assessable building work:

• Form 15 specifies the design and its limitations.
• Form 12 or Form 43 are used to confirm the installation or construction meets the design.

During the licence application process, Council may ask for a Form 15 that certifies the design of a major component of your business (e.g. mechanical exhaust canopy), and a Form 12 or Form 43 to certify that the component was installed to the design specification.

Find out more about Building Forms.

Plumbing and drainage approval

Food businesses may need plumbing and drainage approvals for the following activities:

• release of trade waste to sewer;
• installation and maintenance of backflow prevention devices;
• use of a non-reticulated water supply (tank water); or
• installation of sinks.

The Plumbing Code of Australia forms Volume 3 of the National Construction Code and contains the technical provisions for plumbing and drainage. All plumbing and drainage work should be conducted by a licensed plumber.

For more information, contact Council’s Plumbing section on 1300 005 872.

Trade waste

Trade waste is liquid waste produced by a business, including mobile food businesses and temporary stalls. Food businesses connected to sewer in the Lockyer Valley area will require approval from Urban Utilities to release trade waste to the sewer.

Cooking fats and oils from fryers are not trade waste. Do not release cooking fats or oils from fryers down any drain. Fats and oils need to be stored in separate waste oil drums and collected by a licensed waste transporter.

Some food businesses may also need pre-treatment and monitoring equipment (e.g. separators, interceptors, grease traps, or in-sink or in-drain baskets) before discharge to sewer.

The property owner or tenant (depending on the lease agreement) is responsible for organising trade waste consent including the installation of any pre-treatment equipment.

Contact Council’s Plumbing section (1300 005 872) and/or Urban Utilities (13 26 57) for more information on trade waste management.

Backflow prevention devices

Backflow prevention devices stop sewage flowing back through to the town’s water supply. There are two different types of backflow prevention devices: testable and non-testable.

All food businesses connected to town water require a non-testable backflow prevention device. A licensed plumber can install a non-testable backflow prevention device for you.

Food businesses with a pre-treatment device will need to have a testable backflow prevention device. A testable backflow device must be:

• installed by an endorsed backflow plumber;
• registered with Council by the endorsed backflow plumber; and
• inspected or tested annually by a licensed plumber.

Contact Council’s Plumbing section on 1300 005 872 for further information on backflow prevention devices.

Non-reticulated water supply

Reticulated or town water is drinkable water supplied by the local water authority. Non-reticulated water is any other water you have access to (e.g. rainwater, groundwater from wells or bores, or greywater from baths, sinks, washing machines, and other kitchen appliances).

A food business with access to town water (reticulated water) must use town water for food handling activities.

If your food business does not have access to town water, you will need to demonstrate the water you use is safe. Find out how you can safely use non-reticulated water in food handling.

Contact Council’s Plumbing section on 1300 005 872 for more information on non-reticulated water supply approvals.

LVRC has one form for all food business licence applications and this form along with all the other relevant documentation can be submitted (with the relevant fee) in person at Council offices (Gatton or Laidley), by post (PO Box 82 GATTON QLD 4343) or by email (mailbox@lvrc.qld.gov.au).

The following information will assist in ensuring your application is complete when you submit it to Council’s Environmental Health Officer for assessment.

Applicant

The applicant for a food business licence must be a legal entity (e.g. person/s or company).

The applicant must also be a 'suitable person' who:

• has the appropriate skills and knowledge to produce and sell safe and suitable food;
• does not have any previous convictions for a relevant offence under the Food Act 2006; and
• has not had a previous food business licence suspended, cancelled or refused.

A new application is not required for minor changes to an existing food business (e.g. a change of contact details). Contact Council’s Environmental Health Officer to discuss any changes to the food preparation or servery areas.

Fit-out plans

You need to prepare fit-out plans of any new food business and submit these to Council’s Environmental Health Officer for assessment. For mobile and fixed premises, your plans should include:

• site plan;
• floor plan;
• sectional elevations; and
• mechanical exhaust ventilation plan (if applicable).

For a temporary food business, you will need to provide plans detailing equipment (e.g. cooking equipment, hand wash facilities, etc) and storage. Photographs will be helpful.

Queensland Health's design and fit-out guide for food businesses provides detailed information and can help you understand the requirements for fixed and mobile food businesses.

The section on Temporary food businesses provides more information on the requirements for market food stall operators.

Your application will be assessed for compliance with the Food Act 2006 and the Food Safety Standard 3.2.3 - Food Premises and Equipment, Council’s Environmental Health Officer will be in touch if further information is required to finalise the application.

If you have a new fixed or mobile food business, once your design is approved by Council, you can begin construction. Contact Council’s Environmental Health Officer to arrange a date and time for firstly a progress inspection, and then a final inspection prior to your opening date.

Food safety supervisor

All licensable food businesses must have a food safety supervisor. You need to notify Council of your food safety supervisor in your food business licence application and provide a copy of their qualifications.

Food safety program accreditation

If your food business involves on-site or off-site catering or prepares and serves food at a child care 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 licence application. You will need the assistance of an approved food safety auditor (an auditor can be found from the list of approved auditors).

Signage

There are guidelines about the type and location of any fixed advertising signs associated with a business. Depending on the type of advertising sign, you may need to obtain an approval from Council’s Planning Department (fixed signs) or Local laws (A frame signs).

Footpath dining

The foot path dining area must be associated with a lawful Food and Drink outlet and must be located directly adjoining a Food or Drink outlet. The Food and Drink outlet must have a licence under the Food Act 2006.

The following conditions need to be put in place to operate footpath dining:

• A current public liability insurance policy which provides indemnity for Council for an amount not less than $10,000,000.00 and insurance against property damage.
• Do not cause nuisance, inconvenience or annoyance to others including vehicular or pedestrian traffic.
• Do not have a detrimental effect on the amenity of the surrounding area.
• Limit footpath dining to the footpath immediately adjacent to the principal premises.
• Have a clear unobstructed corridor for pedestrian traffic of no less than 2m.
• Limit footpath dining to the normal business hours of the principal premises.
• Remove all tables, chairs, fixtures, fittings, umbrellas, barriers, and equipment from the footpath when not open for business.
• Ensure the area used is maintained in a clean and tidy condition at all times.
• Clean the area regularly during business hours and daily after the close of business of the principal premises.
• Properly secure umbrellas and other associated items when in use and remove during times of strong wind.
• Ensure footpath dining does not to injure, deface, misuse, mark or otherwise damage any building or structure on the local government-controlled area or road.

Liquor licence

If you intend to sell or serve alcohol on the premises, you will need to apply for a liquor licence from the Office of Gaming and Liquor Regulation.

Visit the Business Queensland website for information on liquor licences.

Roadside vending

If you want to sell food from/on public land including roads from a mobile vehicle, you may need a Local Law permit – refer to Subordinate Local law No 1.2 and the relevant application form.

Vehicle registration

Mobile food vehicles must be registered with the Department of Transport and Main Roads.

Business trading name

If you are registering a new business name, you will need to contact the Australian Securities and Investments Commission.

Useful links

• Local government assessment of applications for a licence under the Food Act 2006
• Food and beverage industry associations

Licence renewal

A licence under the Food Act 2006 is renewed annually and attracts an annual fee. The renewal process involves two (2) steps:

• Renewal notice – check that the information about your business is correct and advise Council of the correct details, sign the form and return to Council; and
• Fee – pay the annual licence fee.

If you want to make a minor change to your licence, for example a change of contact details, or you require a copy of your licence, contact Council’s Environmental Health Officer.

If you are renovating or making significant changes to the layout of the food production and/or servery areas, then you will need to submit an application form and plans.

Inspections and enforcement

Legislation requires Council to monitor the standard of food businesses through a routine inspection program. The frequency of these inspections will depend on the type of food business and its level of compliance.

Queensland Health's Know your food business: A self-assessment guide to the Food Safety Standards can help you prepare for an inspection.

Enforcement

Under theFood Act 2006, you must comply with the Food Standard Code and any conditions on your food business licence.

Failure to comply with the Food Safety Standards or any of your licence conditions, may result in one or more of these enforcement actions:

• a letter being issued requiring action or work to be conducted;
• a legal notice being issued requiring action to be taken or work to be conducted;
• issuing of a Penalty Infringement Notice (PIN) being an on-the-spot fine;
• suspension of a licence;
• cancellation of a licence;
• prosecution.

Operators can apply the due diligence defence to enforcement action. Find out about due diligence and how you can apply it.

Complaints

Information for Food Businesses

Council has a duty to investigate and respond to complaints received.

A complaint may result in an inspection of your premises to ensure you are complying with the legislation.

If a person contacts you to make a complaint about your business, it is a good idea to have complaint management procedures in place for staff to follow.

Information for customers

Find out how to make a complaint about a food business.

Useful links

• Queensland Health
• Safe Food Production Queensland
• Allergen Bureau
• Food Standards Australia New Zealand