Fixed Premises

“Fixed premises” means a building or other structure, or part of, with a permanent address. For example a café, takeaway shop, restaurant or similar food business at a permanent location is considered a fixed premise.

Licence requirements

If you intend to manufacture food, or prepare or handle unpackaged food for wholesale or retail sale, you will need a Food Business Licence.

We understand when you start a new business you want to be up and running as soon as you’re ready.  However, you must allow sufficient time for your Food Business Licence application to be properly assessed.  This can take up to 30 days and if we need further information from you, it could be longer.

Licence required Licence not required
Manufacturing food - examples:
  • only pre-packaged food is sold
  • Making food by combining ingredients, such as biscuits, cakes, jams, sauces, curries or soup for retail sale for profit
  • Making food for wholesale such as producing frozen meals in a factory or producing cake mixes
  • Changing the condition or nature of food by any process such as milling, peeling, cutting or freezing
  • Processing fruit or vegetable juice at the place of sale
  • Bottling or canning food, such as bottling water or canning fruit
  • Roasting coffee
  • Packing unpackaged food for wholesale/retail sale (other than unprocessed primary produce) such as packing bulk coffee, spices, tea leaves, confectionery
  • Making ice
  • only unpackaged snack food that is not potentially hazardous is sold, such as:
    • biscuits or cakes (with no dairy fillings or icings), croissants, friands, doughnuts or muffins
    • confectionery, carob, chocolates or chocolate bars
    • corn chips, potato chips, dried vegetable chips, pretzels, puffed rice, soy chips, toasted corn or nuts
    • meat jerky, dried or glazed fruit or muesli bars
Retail sale of unpackaged food - examples:
  • the only preparation carried out involves the grinding of coffee beans (distinct from roasting of coffee beans)
  • Restaurants, cafés, delicatessens or bakeries
  • Catering business
  • Takeaway food outlets
  • Motel supplying meals with accommodation
  • Unpackaged food from a food vending machine
  • Selling unpackaged food from a mobile food vehicle
  • Child care centres/services
  • Private residential facilities (home based food businesses)
  • Bed and breakfasts
  • Hostels
  • the sale of the following items unless it is a potentially hazardous :
    • whole, crushed, puffed or toasted nuts, grains and seeds
    • quinoa, spices, dried herbs, tea leaves, coffee beans, cereals or cocoa
    • coconut, couscous, edible oil, flour, legumes, lentils, noodles, oats and pasta
    • preparations for spreading on bread such as honey, peanut butter, hazelnut spread, vegemite, marmalade and jam
    • sugar and syrups such as golden syrup, maple syrup, rice syrup, malt syrup, glucose syrup and coconut syrup
 
  • only drinks are sold, such as tea, coffee, soft drinks and alcohol. (Note: You do not need a Food Business Licence to sell alcohol but you may need a liquor licence.)
 
  • sale of whole fruit or vegetables
 
  • sale of ice including flavoured ice, snow cones or slurpees
 
  • production of primary produce, ie abattoir or dairy farm
 
  • government / non-profit operations including:
    • food businesses conducted by the State or a government-owned corporation
    • Tuckshops operated by a parents and citizens association at a state school
    • handling of food at a person’s home that is intended to be given away to a non-profit organisation for sale by the organisation, (eg, cakes made for fundraising parents and citizens association at a school fete)
    • provision of meals by a non-profit organisation if the meals consist only of fruit, cereal, toast or similar food or the consumer of the meal helps prepare it
    • sale of unpackaged food, not considered to be a meal, by a non-profit organisation, eg BBQ sausage sizzle
    • sale of meals by a non-profit organisation that are pre-prepared by an entity other than the organisation and are stored and heated or otherwise prepared by the organisation in accordance with directions of the meal’s manufacturer (eg, sale of a frozen meal after microwaved in accordance with manufacturer's instructions).
 Note: even though a licence may not be required, these types of businesses must ensure the sale of safe and suitable food, and comply with the Food Safety Standards. This includes the design, construction and fit out of the food premises.

If you are unsure if you require a licence, contact Council on 1300 69 22 47 and ask to speak with an Environmental Health Officer.

How to apply

Step 1: Determine if you need a licence

Check the licence requirements table to identify if you need a Food Business Licence.  If yes, continue to Step 2.

Even if you do not need a Food Business Licence, you must still comply with the other requirements of the Food Act and the provisions of the Australia New Zealand Food Standards Code.

Step 2: Check other approvals

Starting a new food business may require other approvals, such as:

  • Town Planning approval to use the premises for your intended purpose – confirmation is required from Council’s Development ServicesUnit;
  • Building approval to undertake any building works – you will need to contact a private building certifier; and
  • Trade Waste approval to discharge into the sewerage system – confirmation is required from Council’s Trade Waste Unit .

All Council units can be contacted by phone on 1300 69 22 47 or by email at council@cairns.qld.gov.au

You may also need other approvals from:

Step 3: Apply for Suitability of Premises approval

The design, construction and fit-out of your premises must comply with the Food Safety Standard 3.2.3.

NOTE:  if you are taking over an existing food business and are not changing the fit-out, you do not need to submit a Suitability of Premises application. Refer to our section on Taking over a food business for more information.

Prepare plans and apply

During the application process, Council will assess the plans for your proposed food premises to ensure the design, construction and fit-out complies with the Food Safety Standard 3.2.3.

The Fixed Food Business Operation and Construction Guidelines ( PDF, 0.54 MB ) will help you make decisions on the design of your food premises and the construction materials you intend to use. Queensland Health’s Design and fit out guide will assist in correct construction and fit out.

In order to assess your suitability of premises application, two copies of your design plans (drawn to scale not less than 1:50) must be provided with your application. These design plans must include:

  • floor plans including waste disposal facilities and location of equipment;
  • elevations of each food preparation room/area; and
  • details of mechanical exhaust ventilation (exhaust systems must comply with AS1668.2). You must also include specifications of all equipment being serviced by the mechanical exhaust ventilation.
Complete the Suitability of Premises application form ( PDF, 0.37 MB ) together with your plans, pay the relevant fee ( PDF, 0.06 MB ) and return to Council.
Assessment

After you have submitted your Suitability of Premises application to Council with the fee, an Environmental Health Officer (EHO) will assess it for compliance with the Food Act 2006.

Timeframes for assessment may vary, but in general allow up to 30 days for a full assessment. Further time will be required if the application does not include all the necessary information.

Approval

Upon approval, you will receive a conditional approval letter for the construction of your food premises. Once you receive your approval, and any other necessary permits (eg building approval), you may begin constructing/fitting out your premises as per the approved plans.

Step 4: Apply for a Food Business Licence

The operator of the food business must be deemed suitable, and have the required skills and knowledge to safely serve food to the public.

Apply

You will need to apply for your Food Business Licence at least 30 days before you intend to start trading, to allow us to assess your application in time.

The applicant must be the person or company that intends to operate the food business, not the contractor building the food premises.  The applicant must be a legal entity (a person or company); a business name or trading name is not a legal entity and cannot be the licence holder.

You may also need to have a Food Safety Program (FSP) accredited with Council.  If so, you should submit your FSP together with your Food Business Licence application.

Note: your Food Business Licence application will not be assessed until Council has first approved your design plans through the suitability of premises stage.  If you submit your Food Business Licence application at the same time as your Suitability of Premises application, please contact contact Council’s Licensing and Approvals team on 1300 69 22 47 to begin the assessment process for the Food Business Licence.

Assessment

During the Food Business Licence application process, Council will assess the suitability of the operator to safely prepare and serve food to the public.

Council will contact you if further information is required in order to consider your application. In this case, an extension of time will be needed to finalise the assessment.

Step 5: Request final inspection

Before you start trading, you need to contact Council to arrange a final inspection of the premises to determine if a Food Business Licence can be issued.

Before requesting your final inspection, and to avoid unnecessary delays, use the Food Business Final Inspection Checklist ( PDF, 0.12 MB ) to confirm that essential works have been completed.

At your final inspection, Council’s EHO will check your premises to ensure it has been fitted out in accordance with your letter of approval.

Step 6: Decision

After your final inspection, if Council's EHO is satisfied that your premises have been fitted out in accordance with your approval and you are a suitable person to hold a food licence, you will be issued with your Food Business Licence. You may then start trading.

If you have not met all requirements but Council's EHO is likely to approve your application once you fix minor requisitions, you may be issued with a provisional licence (a short-term licence with conditions that must be met within a specified timeframe).  This will allow you to commence trading.  You can only receive a provisional licence for a maximum of 3 months, and if you don’t attend to the conditions in the timeframe, your Food Business Licence will be refused.

Alternatively, if Council is not satisfied that you have met the requirements of the Food Act to prepare and sell safe and suitable food, your licence application will be refused and you will not be able to trade.

Remember, you can't operate until your Food Business Licence application is approved. A copy of your food licence will be mailed to you within two days of your final inspection.  You must display it at your food premises in a prominent position so the details are easily visible to customers.

Step 7: Renewals

Council will send you an annual renewal invoice for your Food Business Licence. Pay on time to ensure you can continue to operate.

Be ready for inspections. Council’s EHOs can conduct compliance audits and inspections during your operating hours.

Remember to advise Council of any changes to your contact details to ensure you continue to receive your renewals and other relevant communication from Council.

Food Safety Supervisor notification

You must have a nominated Food Safety Supervisor for your food business at all times.

This person needs to have the experience and skills relevant to day-to-day safe food handling and authority in supervising other staff within the food business.

The Food Safety Supervisor must be reasonably available whenever the business is operating, and they also serve as a point of contact for Council and staff who handle food in the food business.

You must either:

  • Nominate this person when you apply for your licence by including their details on the Food Business Licence application form; or
  • Nominate a Food Safety Supervisor by contacting Council by phone, email or mail within 30 days of the Food Business Licence being approved.

Find out more about Food Safety Supervisors

Food Safety Program accreditation

Food Safety Programs (FSPs) are documented procedures that help food businesses to identify and monitor food safety hazards, and implement control measures.  Cairns Regional Council is responsible for accrediting FSPs for food businesses located within the Cairns local government area.

Not all food businesses are required to have a FSP.  Check when a Food Safety Program is required, or refer to Food Safety Standard 3.2.1.

If your business is required to have a FSP, you must arrange for an approved auditor to assist in reviewing it. You will then need to submit your FSP to Council with a Notice of Written Advice from the auditor.  This should be done at the same time as applying for your Food Business Licence.

You can use the Food Business Licence application ( PDF, 1.09 MB ) form to apply for your FSP accreditation.

Find out more about Food Safety Programs.

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EVENTS, NEWS & REMINDERS STRAIGHT TO YOUR DEVICE
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Last updated: 14 December 2018