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AU · Regulatory Law

Food business licence application

All food businesses in Australia must be registered or notified with their local council and comply with the Australia New Zealand Food Standards Code. State and territory food legislation (based on the Model Food Act) imposes licensing, food safety program, and premises requirements. This checklist guides legal advisers and food business operators through the licence application process.

In short

This is a 12-step checklist for applying for a food business licence in Australia. It covers registration with local council, compliance with the Food Standards Code, food safety supervisor requirements, and premises fit-out obligations.

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12-step checklist

The checklist

1

Determine the food business classification

Classify the food business by type (e.g., retail, food service, manufacturing, mobile) to identify which registration, notification, or licensing requirements apply under the relevant state food legislation.

2

Check local council requirements

Contact the relevant local council to confirm specific registration or licence requirements, application forms, fees, and any pre-application meetings required.

3

Confirm premises compliance

Verify the premises meets the food premises requirements in Standard 3.2.3 of the Food Standards Code, including layout, surfaces, equipment, and facilities.

Food Standards Code Standard 3.2.3 — Food Premises and Equipment
4

Obtain planning and development approvals

Confirm the food business use is permitted under the local planning scheme and obtain any required development approvals or change-of-use permits.

5

Appoint a food safety supervisor

Appoint a food safety supervisor who holds a current food safety supervisor certificate recognised in the relevant state or territory.

Food Standards Code Standard 3.2.2A — Food Safety Management Tools
6

Prepare a food safety program

If required for the business type, prepare a food safety program based on HACCP principles covering all food handling processes from receival to service.

Food Standards Code Standard 3.2.1 — Food Safety Programs
7

Ensure food handler training

Confirm all food handlers have appropriate food safety skills and knowledge as required by Standard 3.2.2 and any state-specific training requirements.

Food Standards Code Standard 3.2.2 — Food Safety Practices and General Requirements
8

Review food labelling requirements

If selling packaged food, verify labels comply with Standard 1.2.1 including ingredient lists, allergen declarations, nutrition information, and country of origin labelling.

Food Standards Code Standard 1.2.1 — Requirements to Have Labels or Otherwise Provide Information
9

Check liquor licensing requirements

If the food business will serve or sell alcohol, determine whether a separate liquor licence is required and factor this into the application timeline.

10

Submit the registration or licence application

Complete and submit the food business registration or licence application to the local council with all required supporting documents and fees.

11

Prepare for the council inspection

Prepare the premises for the pre-opening council inspection, ensuring all equipment is installed, food safety procedures are in place, and documentation is available.

12

Establish ongoing compliance systems

Set up systems for maintaining food safety records, temperature monitoring, cleaning schedules, pest control, and preparing for periodic council inspections.

When to use

When this checklist applies

Use when a client is establishing a new food business, changing premises, or changing the nature of food handling activities requiring updated registration.

Common pitfalls

  • Not confirming planning approval before committing to a premises fit-out
  • Food safety supervisor certificate not recognised in the relevant state
  • Food safety program not tailored to the actual food handling processes
  • Food labels missing mandatory allergen declarations
  • Not factoring in council inspection lead times before planned opening date
Use with Quillio

Run this checklist on a real matter

Quillio can review food safety programs, check labelling compliance against the Food Standards Code, and track council registration deadlines. See /practice-areas/regulatory-lawyers or start a free trial.

General guidance for food business licence applications. Food legislation varies by state and territory — verify against the applicable food act and local council requirements.

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Quillio can run this checklist on a specific NSW conveyancing matter — confirm each item, calculate adjustments, and generate the supporting documents. The free trial requires no credit card.

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