Start a food business

Know your responsibilities

The ACT has a passionate and devoted hospitality industry providing a range of experiences for Canberrans and its visitors.

If you want to start a restaurant, café or other type of food business, there are things you need to do to make sure you can legally operate. For example, you may need a licence to sell alcohol or get development approval to renovate your space.

In the ACT hospitality businesses are regulated by:

• Access Canberra for licencing and registration
• Health Protection Service (HPS) for food safety.

A business handling food must:

• comply with Australia New Zealand Food Standards code
• register with Health Protection Service and pay annual fees
• display nutritional information
• appoint a food safety supervisor
• hold an approved food safety training course from a registered training organisation
• prepare a food premises plan
• undergo an inspection of premises
• hold appropriate licences for liquor, outdoor dining and music.

Building development and construction before you start

Understand the property's Crown lease

The most common problem people have when starting a food business is the conditions of the lease for their food business.

Before you sign any purchase or lease contracts, check the Crown lease and any registered variations to this lease. Your planning professional or conveyancer can do this.

The Crown lease says how the site can be used. For example, the Crown lease may allow an office or shop but may not allow a restaurant, or the sale of alcohol or a nightclub.

Get a copy of the title and Crown lease from the Land Titles Office.

The purpose clause in a Crown lease may be varied. This can be done if it’s allowed within that land use zone and if the site is deemed suitable for that use. To vary the Crown lease and site use, you need to apply for development approval (DA) with the Environment Planning and Sustainable Development Directorate (EPSDD).

Once you’ve checked the lease arrangements and know you can run your food business on the site, you’ll need to register your food business.

Get help with a Crown lease from the Leasing team.

Apply for construction and fit-out changes

If you plan to build or change your food premises you need to inform the Health Protection Service. This is because the construction and layout of a food business is important to food safety. You plans must comply with the Australia New Zealand Food Standards Code.

You should complete a fit-out application form and then submit it to Access Canberra for assessment before getting building approvals.

Download the Application for Fit-out or Plan assessment form [PDF 339KB].

Connecting to the gas network

When choosing a location in the ACT, be aware that new gas network connections are not allowed.

If the property has an existing gas connection (shown by a gas meter being present) also be aware of restrictions. If the gas connection is removed (abolished), you may not be allowed to reconnect. Builders sometimes need to remove the gas connection to ensure a safe worksite.

If the premises does not already have a gas connection, you will not be able to get one. Consider this when choosing a location and think about using electric appliances instead.

Visit our Sustainable Business Program page for:

• free advice on how to go electric
• rebates on electric appliance upgrades.

Get development and building approval

If you’re renovating or building your hospitality space, you may need:

• development approval (DA)
• building approval (BA)
• other approvals
• an exemption certificate from a licenced building certifier.

If you're making any changes to your space, you'll need to submit application for development application. The Gateway team at the ACT's Environment, Planning and Sustainable Development Directorate can help with this.

Public spaces

If your plans affect driveways, public roads, verges or public open spaces, you'll need to discuss them with Transport Canberra and City Services (TCCS).

Get help with your land application or building works from TCCS.

Registration and exemptions

If you know you can use your business space for your type of food business, it's time to register.

Your food business must be registered with ACT's Health Protection Service before you open.

Your business may be exempt from registering as a food business if you don't operate:

• for longer than 3 days at a time
• more than 5 times a year.

Exemption can be for temporary food stalls and home-based businesses selling food at events such as festivals, shows or fetes. If you meet the full requirements for exemption you don't need to register. However, you must still follow all appropriate food safety guidelines.

You need to complete your food business registration by contacting Access Canberra.

Submit your application to register a food business with Access Canberra.

Licences

Most food business will need one or more licences or permits. You'll need these before you start operating. Be aware of when and if you need to renew licences to make sure you’re operating legally.

Alcohol and security licences

If you plan to sell alcohol, you need to apply for a liquor licence or permit. There are different licences and permits depending on your type of business. The complexity of the application will depend on the type and structure of your business.

• Licences are issued for a particular premises to serve alcohol, like a bar or café. With an on-licence you can sell alcohol on your premises in open containers. An off-licence also allows you to sell alcohol in sealed containers to be drunk off your premise. For example, a bottle shop.
• Permits are issued to sell alcohol at an event, like a stall at a marketplace. You do not need a liquor licence for BYO restaurants.

If you are selling alcohol, you may also need security personnel for crowd control. Your crowd controller will need to have a security licence, however your business will not. Your crowd controller also needs to be employed by a company with a Master Security Licence.

Learn more about applying for a liquor licence from Access Canberra.

Music licence

If you play music, either as background or hold music on the phone, you must apply for a paid licence.

Get a music licence from OneMusic Australia.

Outdoor dining permits

If you plan to use public space to create an outdoor dining area you'll need a permit. Not all businesses can access and use the space outside their premises. The dining area will need to be appropriate for:

1. your patrons
2. surrounding businesses
3. the general public and local community.

Learn more about applying for outdoor dining permits from Access Canberra.

If you plan to serve alcohol outside, you will need an additional permit to cover that. Again, the complexity of the application will depend on your business and location.

Outdoor bar permits

When wanting to add an outside bar you'll need to consider:

• adjustments to your Risk Assessment Management Plan
• amendment to your liquor licence floor plan
• review of Health Protection Service requirements
• variation to your food registration
• fit-out assessment
• possible reduction of occupancy loading.

Find out more about outdoor bars from Access Canberra.

Laws and regulations

Food handling and safety laws

If you prepare and sell food to customers it's essential you meet all ACT's food and safety laws. If you don’t comply with these laws your business could be shut down.

ACT Health Public Health Officers may inspect your premises. They do this to ensure your business is meeting all food and safety standards.

An inspection may be a routine one or a response to a complaint. They can do an inspection without notice, at any reasonable time. If a Public Health Officer asks to inspect your business, you have the right to see their identity card.

Learn more about food handling, safety and fit out.

Single-use-plastics

Single-use plastic items are those that are used once and then thrown away. They were often used at food businesses as they're cheap and convenient.

But single-use plastics are bad for the environment. As such, the ACT Government has changed what plastics businesses can use.

The following items are already banned:

• straws
• cotton buds with plastic sticks
• cutlery
• stirrers
• expanded polystyrene takeaway food and beverage containers
• shopping bags that are 35 micrometres thick or less
• all oxo-degradable plastics.

From 1 July 2023, the ACT Government is proposing to ban the following:

• further expanded polystyrene products and packaging
• excluding some for white and brown goods
• single-use plastic takeaway containers
• single use plastic plates and bowls
• microbeads
• heavyweight plastic bags.

Stay updated on the laws and regulations for single-use plastics.

Consumer law and displaying prices

You need to ensure that your business meets all consumer laws. The display of food pricing is worth noting. Under Australian Consumer Law (ACL), restaurants and cafes are exempt from component pricing. This means separate menus aren’t needed for special days such as public holidays.

However, restaurants and café’s still need to tell customers the price displayed on the menu is not the final price. For example, you'll need to display any surcharges for public holidays or that corkage is extra.

Learn more about The Australian Consumer Law and how it affects your business

Alternative food businesses

Temporary food stalls

Temporary food stalls are structures set up to sell food at events such as festivals, shows or fetes.

To operate legally, check whether you're exempt from food business registration. Even if you're exempt from registration, you still need to meet all food safety handling and laws.

Your food must be either:

• non-potentially hazardous
• sold straight after thorough cooking for immediate consumption.

You will also need a free Hawker Permit from Access Canberra if you:

• sell goods on public unleased land in the ACT
• remain in that spot for more than 30 mins or are within 180 metres of another premises.

If you want to operate on national land you need a Temporary Trader Permit. The National Capital Authority (NCA) looks after national land including:

• the National Triangle
• QEII Island that holds the Carillion
• Commonwealth Park
• Federation Mall
• Kings Park
• Lake Burley Griffin
• the Rose Gardens.

If you want to operate on national land, you'll need a permit and a Safety Management Plan. Use the National Capital Authority map to check if you’ll be operating on national land.

Learn more about how to run a food stall with these guidelines.

Food vans

Food vans are becoming more popular in Canberra.

You will need to register your food van with Access Canberra and comply with food safety handling laws like any other food business.

You may be exempt from registration if you only sell a few times a year.

To make sure that you comply with food safety standards, you need to make sure the fit out of your van is done correctly.

Learn more about how to set-up and fit-out your food van [PDF 460KB].

Home-based food businesses

Home-based food businesses need to be registered with the Health Protection Service. You may be exempt from registration if you sell food no more than five times a year. Each time you sell it can’t be for longer than three days.

You can only be approved for a home-based domestic kitchen if you handle low risk foods. Low risk foods are shelf-stable and don’t need to be stored in the fridge to ensure their food safety. Some examples of low-risk foods include:

• biscuits
• muffins
• cookies
• brownies
• cereals
• jam
• cupcakes
• breads.

Register your home-based food businesses via Access Canberra.

Declared events

A declared event is also known as a regulated event. It is a large public gathering where the risks of unsafe food handling are significant. For example, the Multicultural Festival.

If you’re selling at a declared event, you must register your business. You can't be exempt even if you're a temporary food stall or a home-based business. You'll also need to complete the free online food safety supervisor training.

For temporary food businesses wanting to run at a declared event, there's a streamlined registration process.

Learn more about declared events and the registration process.