You Are Here: Home |

Licensing

Dangerous Goods
ERAs
Food
 Skin Penetration

Food Businesses

With approximately 300 licensed food businesses in the Gladstone Regional Area it is critical that these businesses are regulated and comply with all relevant food legislation. Unregulated food handling and storage can have potential risks to the public's health and safety.  For these reasons Gladstone Regional Council has a dedicated team of Environmental Health Officers to inspect licensed food premises on a regular basis and provide education to the community. It is a requirement for food businesses to be licensed by their relevant local government authority.

 

Food premises are any premises, including temporary structures and mobile food vehicles, where food is handled. If you are operating from a food premises, they need to be approved by Council. If you own or operate more than one premises, you will need to hold a licence for each food premises.

 

Who Needs a Licence?

The Food Act 2006 defines what a licensable food business is.  A licensable food business is a food business that:

  • involves the manufacture of food; or
  • involves the retail sale of unpackaged food (restaurant, and takeaway shops) and is not a non-profit organisation; or
  • is carried on by a non-profit organisation and involves the sale of meals on at least 12 days each year.
Who may be exempted from a food licence?
  • Charity and Not for Profit Organisations are exempt from requiring a food licence if they only operate less than 12 times a year however, these groups still need to comply with the food safety standards;
  • Sale of unpackaged snack food, such as biscuits, cakes, confectionery, nuts and potato chips that are not classed as potentially hazardous food;
  • Sale of fisheries resources that already have approval under a buyers licence;
  • Sale of whole fruit or vegetables, seeds and nuts;
  • Sale of drinks (other than fruit or vegetable juice processed at the place of sale); or
  • Sale of ice, including flavoured ice, such as snow cones.

 

Applying for a New Food Business Licence or Altering an Existing Licence

This section applies to proposed new installations or alterations to existing premises including mobile food vendors. 

Note: Prior to submitting an application to operate a new food business or alter existing premises, you need to ensure any relevant Planning, Trade Waste, Building and/or Plumbing approvals have been granted.

 

Stage 1 - Design Approval

Step 1: Design Approval Application Form

An application for design approval is to be made to Council's Environmental Health Section along with the relevant form, fee and plans. The design approval application form is to be completed in its entirety including detailing all other approvals as required by Council's Planning, Trade Waste, Building and/or Plumbing sections.

Step 2: Plan Assessment and Approval

Council's Environmental Health Section will assess the application against the relevant requirements of the Food Act 2006 and the Food Safety Standards.  If additional information is required, an EHO will contact you to discuss further.  Once your design approval has been approved, you will be notified in writing with advice on any conditions imposed.  Written details on the classification of your food business and applicable annual licence fee will also be given at this stage.

Stage 2 - Approval to Operate (Obtaining a Food Business Licence)

Step 1: Food Business Licence Application

Once you have received your design approval and constructed the food premises, you are then required to apply to obtain a Food Business Licence.  This requires the licence application form to be submitted along with your annual licence fee.

 

Step 2: Final Inspection

An EHO is required to undertake a final inspection of the premises prior to opening and operating to the public.  Once your licence application and annual licence fee are received, an EHO will arrange for a final inspection to be completed.

Step 3: Licence Approval

Your approval to operate (licence) will be sent to you once the application for licence and relevant annual fee have been received and an EHO has completed a final inspection.  If approval is conditional on other work being carried out, a time frame will be negotiated in which the outstanding work must be completed.

Further Information:

 
Sale of Business (Transferring/amending an existing licence)

This section applies to businesses that have undergone a sale and have new owners.

 

Health Compliance Inspection (Optional)

It is important to check that the business you are looking at holds a current licence.  In most cases this information can be established over the phone.

Prior to purchasing an existing food vending vehicle or similar, prospective buyers can request a Health Compliance Inspection accompanied by the appropriate fee.  The request is usually forwarded through a solicitor but can be made personally with an appropriate letter.  When the request is received an Environmental Health Officer will perform an inspection of the vehicle/s and operation to identify any areas where it does not comply with the Food Safety Standards.  A letter will then be completed identifying items of non-compliance and copies will be forwarded to the current owners and party requesting the Health Compliance Search. 

Once licensing of the vehicle/s has been transferred, the current licensed owner is the person that Council deems responsible for fixing any ‘faults’ with the vehicle/s regardless of verbal or contractual arrangements between the relevant parties.  Therefore it is recommended to get this inspection done prior to transfer of ownership. 

 

Step 1: Applying to Amend a Licence

To transfer the food licence into the new owners name requires for the licencee details for the premises to be amended.  The relevant amendment form and amendment fee are to be submitted to Councils Environmental Health Section.

Step 2: Issuing the Approval to Operate

Your approval to operate will be sent to you once the amendment application form has been assessed.  It is important to note that the Food Act 2006 states that a Food Licence can only be granted to someone who has the skills and knowledge required to perform the required functions of the food business.  Approval will not be granted without adequate proof of skills and knowledge in food safety.

 

Temporary Food Stall Permits (Events Only)

Temporary food stalls at fairs, markets and events are generally required to obtain a temporary food stall permit.  However, temporary food stall permits are a ONCE OFF permit only valid for duration of the event.  If you are a temporary food stall who wishes to have long term approval then you will be required to hold an annual food licence with Council.  

 

To obtain a temporary food stall permit for an event, you are required to submit an the relevant application form and application fee.  Once assessed, you will be given a temporary food stall permit valid for the duration of the event.

 

Note: The Temporary Food Stalls (Events) Guidelines provide information on the relevant standards that are to be complied with for a temporary food stall.

 

Food Safety Supervisors (FSS)

All licensed food businesses including existing premises will be required to nominate a FSS, whose role is to ensure food hygiene and safety standards are achieved and maintained within the food business.  To be nominated as a FSS, a person must:

  • Hold a Statement of Attainment of specified competencies, issued by a Registered Training Organisation.  (See the attached Food Safety Supervisor Fact Sheet)
  • Have the ability to supervise food handling in the food premises.
  • Have the authority of supervise food handlers.
  • Have skills and knowledge relating to food safety and identification of food safety hazards.

The minimum competency standards for a FSS are listed in Table 1 of the Food Safety Supervisor Fact Sheet 18 and are dependent on the type of business the FSS is working within as detailed in Table 2.  The minimum competencies apply regardless of whether the business has a food safety program. A copy of the Fact Sheet 18 (685KB PDF) can be found below.

 

It is to be noted that food vendors have 30 days from the issue of their Food Business Licence to nominate to Council their food safety supervisor with a copy of the appropriate qualifications.  The nominated Food Safety Supervisor must be reasonably available to be contacted at all times by Council or by persons working in the food business.  A food business may have more than one Food Safety Supervisor.

 

Fact Sheets         

 

Additional Information:

 

Related Websites:

Queensland Health:  www.health.qld.gov.au

Food Standards Australia & New Zealand: www.foodstandards.gov.au

Safe Food Queensland: www.safefood.qld.gov.au

Food Safety Information Council: www.foodsafety.asn.au