Selling food and drinks in Australia requires compliance with strict food safety regulations.
Most food retail businesses need a food business licence, and depending on your specific operations, additional licences or accreditations may be required.
This guide explains the licensing framework, application process, and ongoing obligations.
Food Business Licensing Requirements
You will need a licence to handle or prepare unpackaged food as part of your business.
This applies whether your business operates in a fixed location, within mobile premises, or as a temporary food stall at markets or events [citation:4].
You do NOT need a licence to sell [citation:4]:
- Pre-packaged food (sealed commercial packaging)
- Whole fruit and vegetables
- Snack and other foods that are not potentially hazardous (e.g., chocolates, confectionary, dried fruit, cereals, uncooked pasta, spreads)
- Drinks such as tea, coffee, soft drinks, and alcohol
- Primary produce from accredited producers
Types of Food Business Licences
The specific licence type depends on your business model and location. While states and territories have their own legislation, most follow a similar framework to this Queensland example [citation:4]:
- Fixed food premises licence: For traditional brick-and-mortar shops, cafes, and restaurants with permanent kitchen and dining facilities
- Mobile food premises licence: For food trucks, vans, and other mobile food vendors that change location regularly
- Temporary food stall licence: For short-term operations at markets, festivals, or events. These may be issued for a single event (non-renewable) or renewed annually
Licences are typically valid until 31 August each year and must be renewed annually.
Importantly, food licences cannot be transferred. If you are taking over an existing food business, you must submit a new licence application in your name [citation:4].
Application Process
To obtain a food business licence, follow these steps [citation:4]:
Step 1: Determine Your Licence Category
Contact your local council or state food authority to confirm which licence category applies to your specific operation.
Different categories have different application requirements, fees, and inspection protocols.
Step 2: Prepare Your Premises
Before applying, ensure your premises meets all relevant food safety standards, including appropriate hand washing facilities (separate from food preparation sinks); adequate refrigeration and temperature control equipment; appropriate surfaces that are easy to clean and sanitise (stainless steel, sealed tiles, etc.); proper waste storage and disposal systems; pest control measures; adequate lighting and ventilation; and sufficient storage for food off the floor and protected from contamination.
Step 3: Submit Application and Pay Fee
Complete the application form for your council or state authority. Attach any required documentation, which may include floor plans, equipment specifications, and proposed food safety practices.
Pay the applicable application fee. Fees vary by council, licence type, and business size.
Step 4: Premises Inspection
Most councils will conduct an inspection of your premises before granting a licence.
The inspection verifies that your facility meets all structural and operational requirements. For temporary or mobile premises, the inspection focuses on equipment setup and food handling procedures.
Food Safety Programs
Some types of licensable food businesses are required to have an accredited food safety program.
These are mandatory for businesses that pose a higher risk to public health [citation:4]:
- Off-site catering businesses
- On-site caterers
- Businesses that serve food to vulnerable people (e.g., hospitals, aged care facilities, childcare centres)
A food safety program is a written document that identifies potential food safety hazards and specifies how they will be controlled.
It must be accredited by the relevant authority and kept on the premises at all times.
Staff must be trained in the procedures outlined in the program [citation:4].
Additional Licences for Food Businesses
Depending on your operations, you may need additional licences beyond the basic food business licence.
Always check with your council or state authority about all requirements [citation:3].
Liquor Licence
If you plan to serve alcohol with your food, you need a separate liquor licence from your state's liquor licensing authority.
Liquor licences require additional training (e.g., RSA certification), have different application processes and fees, and impose specific conditions about service hours, patron management, and responsible service of alcohol.
Do not assume that a food licence covers alcohol service—it does not.
Footpath Trading Permit
If you wish to serve food or drinks outdoors on the footpath, you need a footpath trading permit from your local council (see previous article for details).
This is separate from your food business licence [citation:3].
Health Licence Search for Existing Businesses
If you are taking over an existing food business, it is strongly recommended that you apply for a health licence search.
This search will confirm whether the business's food licence is current and ensure that the current licence holder is complying with food safety regulations.
This is a critical due diligence step before purchasing or leasing an existing food business [citation:4].
Ongoing Compliance Obligations
Once licensed, you must maintain ongoing compliance with food safety regulations. Key obligations include [citation:4]:
- Annual licence renewal before the expiry date (typically 31 August)
- Permitting council inspections at any reasonable time
- Maintaining premises, equipment, and practices according to food safety standards
- Keeping accurate records of temperature monitoring, cleaning schedules, and food handling practices
- Ensuring all food handlers have appropriate training and skills for their roles
- Notifying council of any changes to your business (ownership, location, operations)
- Implementing and maintaining any required food safety program
Penalties for Non-Compliance
Operating a food business without the required licence is a serious offence. Penalties may include on-the-spot fines; prosecution with significant court-imposed penalties; prohibition orders preventing you from operating any food business; closure orders requiring immediate cessation of operations; and negative publicity that can permanently damage your business reputation.
Regular inspections by environmental health officers check for compliance. If violations are found, you may receive improvement notices requiring corrective action within a specified timeframe, prohibition orders stopping certain activities until issues are resolved, or penalty infringement notices with fines.
Serious or repeated violations can lead to prosecution [citation:4].
Critical note: Different states and territories have their own food legislation and licensing systems. The specific requirements, forms, fees, and regulated activities vary significantly between NSW, Victoria, Queensland, Western Australia, South Australia, Tasmania, the ACT, and the Northern Territory. Always check your local council and state food authority website for jurisdiction-specific requirements.
Practical Tips for Food Retailers
- Apply for your food business licence well before you plan to open—processing times vary, and you cannot legally trade without a licence.
- If you are buying an existing food business, never assume the licence transfers. You must apply for a new licence, and you should request a health licence search as part of your due diligence [citation:4].
- Train all staff in food safety fundamentals—even with a licence, your business is only as safe as your least trained employee.
- Keep meticulous records. In the event of a food complaint or inspection, your records are your best defence.
- When applying for a temporary food stall for a one-off event, check whether a short-term event permit is available—this is often cheaper and faster than a full annual licence [citation:4].