Start a food a business

When starting any business there are some basics you need to understand. Read the start a business in Canberra guide. It will help you understand things like:

• getting an Australian Business Number (ABN)
• registering your business
• getting a tax file number from the Australian Taxation Office (ATO)

Read the how to start a business in Canberra guide

Starting a food business in the ACT means you need to follow certain rules.

• Access Canberra handles licenses, permits and registration of liquor licencing.
• Health Protection Service (HPS) oversees food safety and food business registrations.

A business handling food must:

• have a registered ABN and tax file number
• register with the HPS and pay annual fees
• comply with Food Standards Australia New Zealand (FSANZ) code
• display nutritional information where relevant
• appoint a food safety supervisor
• complete food safety training and prepare food safety management documents
• prepare or give HPS food premise floor plans
• be inspected by the HPS
• hold the correct licences for liquor, outdoor dining and music
• be insured, including mandatory workers compensation and public liability insurance.

Depending on your food business, you may need to apply for some licences and permits.

This can include:

• liquor licence to legally sell alcohol
• outdoor dining permit to use the space outside your premises and hawker permits to use unleased public land.

Read more about licences and permits in step 6.

People use single-use plastics once and throw them away. The ACT Government has banned the supply of many of them.

For food businesses this includes:

• single-use plastic plates and bowls, including paper and cardboard items that are plastic-lined
• single-use plastic cutlery
• single-use plastic stirrers
• expanded polystyrene takeaway food and beverage containers
• all single-use plastic shopping bags
• all oxo-degradable plastics – often rubbish bags labelled degradable
• single-use plastic straws (there are exemptions for people with disability or health needs)
• bioplastics, plastic made from plant-based materials
• plastic microbeads in cleaning products designed to be rinsed off.

Understand what plastics you can and can’t use in the ACT.

Single-use plastics laws

Co-mingle recycling is when all your recyclables are put in one bin. They are sorted at a recovery facility and it saves waste going to landfill.

Businesses in the ACT don't have to follow any co-mingle recycling rules.

If you want to recycle more and waste less, the ACT Government can help. The Sustainable Business Program offers free advice and an onsite assessment.

Make your business sustainable

Food businesses must meet all laws under Australian Consumer Law (ACL).

You must tell customers if the price displayed on the menu is not the final price. For example, you need to display any surcharges for public holidays or that corkage is extra.

Meet Australian Consumer Law

Your food business must hold some mandatory insurances.

This can include:

• workers compensation for staff
• public liability for people on your premises and more.

Get business insurance

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

Before you buy or lease

1. Before buying or leasing a property, you can purchase a copy of the title and Crown lease from the Land Titles Office.
2. Check the Crown lease for the obligations authorised by the lease. For example, if the property can be an office, shop, restaurant or if you can sell alcohol.
3. Work with your planning professional or conveyancer. They can help you understand if your venue is suitable for your business.
4. You can also get help with a Crown lease from the Leasing Team.

You can apply to change the use of the property if it’s suitable and allowed in that land use zone.

What you’ll need

To change the use of the property you need to apply for development approval.

Changing a Crown lease

You need to tell the Health Protection Service (HPS) if you plan to:

• build
• renovate
• change your fit out.

You may need planning approvals from them before you start any work.

The construction and layout of a food business can affect food safety and must comply with the FSANZ Code.

Before you build, renovate or change the fit-out

1. Follow the ACT food business fit-out guide to help you with design and construction. You can talk to the HPS for advice.
2. Before you start, work with your planning and building professional. This can include a licensed building surveyor and builder. It’s important to understand the planning laws in the ACT.
3. Understand you may need approval from the HPS.
4. There are a few other approvals you may need:
   • development approvals
   • building approvals
   • other approvals.
5. Talk to City and Environment Directorate if your construction plans for your business affect:

• driveways
• public roads
• verges
• public open spaces.

What you’ll need

• Read more about registering your business in step 4.
• Download and complete a new food business registration form or complete it online.
• Complete a fit-out application form.
• Send the fit-out application to HPS before getting building approvals or starting construction.

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

• A development application (DA) is a formal application for permission if you plan any renovations, fit out or building works for your business site.
• You’ll need development approval (DA) before you get Building Approval (BA).
• DA approvals are needed to change the Crown lease for your site. Check your Crown lease before you purchase or lease a site.
• Generally, most developments in the ACT need DA approval before work can begin.
• If you’re a food business operating from home, you may also need a DA approval.
• New builds for food businesses may need DA approval but associated buildings for storage may be exempt.
• To understand more about DAs for home businesses, go to step 7.

Check if you need a DA

Exemptions

• In some cases, you might be exempt from a DA.
• To be exempt, you must meet the specific and general exemption criteria. This is outlined in The Planning (Exempt Development) Regulation 2023.
• If you have a home business, check if you need approval or are exempt.
• You can self-check whether you’re exempt before submitting a DA. If you want support, work with a certified builder or building surveyor.
• These exemptions apply if you operate a mobile food business like a van or trailer on a residential lease as a home-based business.

Check if you are exempt from DA approval

If you don’t meet exemption criteria, talk to the Territory Planning Authority. They may give approval and will look at:

• the number of customers
• vehicles visiting your property
• accessibility
• the negative impacts on neighbours
• appropriate use on the block and more.

Contact the Territory Planning Authority

• Most building projects including new builds, alterations and additions need building approval (BA).
• A BA ensures a project is built safely and complies with relevant laws and codes.
• You must have BA before any building work can start.
• All building work, whether exempt or not, must comply with  building laws and standards, including the National Construction Code (NCC).
• Work with a building certifier to get all the approvals you need.

Check if you need a BA

Exemptions

• To be exempt, you must meet the specific and general exemption criteria. This is outlined in Building (General) Regulation 2008.

Check if you are exempt from a BA

You may also need approvals for:

• works that may have a significant impact on the environment or heritage
• unit titling, or
• designated areas under the control of the National Capital Authority (NCA).

There are a few other types of work that may need other approvals:

• trees
• driveways
• verges or nature strips
• stormwater easements
• waste management
• pools and spas, or
• telecommunications.

Find out more about other approvals you may need

The ACT Government is encouraging businesses to switch from gas to all-electric appliances. They are more efficient and better for the environment.

This means that the ACT Government does not allow new gas network connections. Keep this in mind when choosing a location for your business.

If the premises does not already have a gas connection, you will not be able to get one. If the property has an existing gas connection, you will know because of a gas meter.

If you remove the gas connection, you may not be able to reconnect it. Builders sometimes need to remove the gas connection to make a worksite safe.

Think about this when you choose a location for your business. If you can, use electric appliances instead.

Find out more about ACT Government rebates to go electric.

Find out how to get rebates to go electric

Most businesses selling food in the ACT need to register with the ACT Health Protection Service (HPS).

You need to register if:

• you’re a permanent food business
• you’re a non-profit community organisation selling food, such as a school canteen
• you’re a mobile food business.

Before you register

1. Check the Crown lease and title for your space. Make sure you can run a food business or sell alcohol.
2. Complete all the building and development approvals before construction, renovations or making changes to your space.
3. Follow the ACT food business fit-out guide to help you with design and construction.
4. After the ACT Government approves any required building and development applications, you can register your business.

What you’ll need

You’ll need to:

• Fill in the Application for Fit-out or Plan assessment form [PDF 339KB]
• Pay the registration fee.

Register a food business

• If you’re selling food at a declared event, you must register your business.
• Registration is required even if you're a temporary food stall or a home-based business selling food at the event.
• You also need to complete the free online food safety supervisor training.
• A declared event is also called regulated event. It is a large public gathering where the risks of unsafe food handling are large. For example, the National Multicultural Festival or National Folk Festival.

Register your food business for a declared event

Not all food businesses in Canberra need to register.

Even if you don't need to register your food business, you must still follow all food safety guidelines.

You do not have to register your food business in Canberra if:

• you sell food only up to 5 times a year
• each time you sell, it should be for no more than 3 days.

And the food you sell should be:

• unpackaged and does not require refrigeration (like fruits or baked goods).
• sold right after cooking and ready to eat straight away.

Other reasons you may not need to register include if you:

• only sell prepackaged food that does not require refrigeration (like chips or bottled drinks).
• sell food from a vehicle registered in another state or territory.
• transport food but don't handle or sell it.

When you do not need to register

• All ACT businesses handling food must follow all ACT food and safety laws. This is to make sure food doesn’t make anyone sick.
• The ACT Health Protection Service (HPS) is responsible for food safety laws.
• These rules help businesses handle, cook and store food correctly.
• Construction and fit-out can affect the safety of food. Use the fit-out guide to help you meet food safety laws.
• If you don’t comply with these laws the HPS could shut down your business.
• ACT Public Health Officers may inspect your premises. This is to make sure your business complies with the law.
• Inspections can be routine or because of complaints.
• ACT Public Health Officers can inspect your business at any reasonable time. They do not have to give you any notice.
• If a Public Health Officer asks to inspect your business, you can ask to see their identity card.

Meet ACT food and safety laws

A business handling food must:

• register with the Health Protection Service (HPS) and pay annual fees
• comply with Food Standards Australia New Zealand (FSANZ) code
• display nutritional information where relevant
• appoint a food safety supervisor
• complete food safety training and prepare food safety management documents
• prepare or give HPS food premise floor plans
• be inspected by the HPS
• hold the correct licences for liquor, outdoor dining and music
• be insured, including mandatory workers compensation and public liability insurance.

You'll need these before you start operating.

Meet food handling, safety and fit out requirements

All registered food businesses in the ACT must have a food safety supervisor. The supervisors must complete approved food safety training.

The type of training you need to complete will depend on:

• your type of business
• your industry.

You will need:

• proof you have completed approved training
• to keep your proof of training at the food business.

Get food safety training

If you plan to sell alcohol, you need to apply for a liquor licence.

You'll need the licence before you start operating.

If people consume alcohol on your premises, you need a Risk Assessment Management Plan. Read our guide to help you complete a risk assessment management plan (PDF 1.4MB)

There are six types of licenses for selling alcohol:

• General licence: you can sell alcohol at one location. You can sell it in open containers for drinking on site or in sealed containers to take away.
• Caterers licence: you can sell alcohol where your business is catering, and the main activity is serving food onsite.
• On licence: You can serve alcohol in open containers at the premises.
• Bar licence: you can serve alcohol where it is the main activity.
• Nightclub licence: you can serve alcohol where dancing and entertainment are the main activities.
• Restaurant and cafe licence: you can serve alcohol where serving food is the main activity.
• Club licence: You can sell alcohol to club members and their guests. You can serve alcohol in open containers to drink on site or in sealed containers to take away.
• Off licence: you can sell alcohol in sealed containers to take away, like in a bottle shop.
  • Micro-producer off licence: Wineries or breweries can sell the alcohol they make for drinking off-site.
• Special licence: You can sell alcohol during certain times or conditions not covered by a general liquor licence.

If you are a BYO restaurant and you do not sell alcohol, you do not need a liquor licence. You must still follow general Responsible Service of Alcohol (RSA) rules. This includes:

• a valid RSA certificate
• no supply of alcohol to a child or young person
• promoting responsible consumption of alcohol.

Find out more and apply for a liquor licence

To use public spaces for outdoor dining, you need to apply for an outdoor dining permit.

Not all businesses can use the space outside their premises.

The dining area must be appropriate for:

• your patrons
• surrounding businesses
• the general public and local community.

In your application remember to explain how you’ll use the space. This includes:

• the outdoor furniture you will use
• if you will pack furniture away at the end of the day.
• if you will leave some items outdoors semi-permanently or permanently.

Apply for an outdoor dining permit

To include an outside bar for your food business you'll need to:

• include this in the Risk Assessment Management Plan approved against your liquor licence
• include the outdoor floor plan in your liquor licence application
• consider how this impacts your Health Protection Service (HPS) requirements
• include in your food registration with the HPS
• include in the fit-out assessment

Apply for an outdoor bar permit

You need a free hawker permit from Access Canberra if you:

• sell on public land
• stay in one spot for more than 30 minutes.

You do not need a hawker’s permit if you are trading in the boundaries of an:

• established marketplace
• event
• fair.

You don't need a hawker permit if your business is on leased land. If you're on leased land, the venue manager or leaseholder must give you permission to use it.

Apply for a hawker permit

To operate on national land, you need to contact the National Capital Authority. You also need a Safety Management Plan.

Use the National Capital Authority map to check if you’re using national land.

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.

Contact the National Capital Authority to use national land

If you play music, you need a licence from OneMusic Australia.

This can be background or hold music on the phone.

Get a music licence

• Some venues may need security staff for crowd control.
• If your business is holding an event, has late operating hours or a liquor licence, you might need to consider security.
• Your security staff must have a security licence, however your business will not.
• Your security staff must work for a company with a Master Security Licence.

Get a security licence

To operate legally, you may need to register your alternative food business with the ACT Health Protection Service.

Not all alternative food businesses need to register.

See step 4 register your food business to find out more before you register.

Register your food business

Light trailers and caravans used for mobile food businesses need to register to legally operate on ACT roads.

Register your food trailer or caravan

You need permits to operate on public and national land. See step 6 applying for licences and permits for more information.

If you operate a mobile food business on a residential lease as a home-based business, you need to check development application requirements and exemptions.

Anyone who handles food for sale in the ACT must make sure it’s safe to eat.

Even if you don’t have to register your food business, you must meet all food safety handling laws.

Alternative food businesses must still comply with all workplace health and safety requirements.

Home-based food businesses

If you’re a home-based food business and you handle low-risk foods, your home-based food business registration will be approved.

Low-risk foods don't need to be stored in the fridge and can include:

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

There are high-risk foods that aren't suitable to be prepared in home-based kitchens.

See step 5, meet food safety regulations to find out more.

More about food safety for home-based businesses

Food safety for mobile food businesses

If you operate a mobile food business, use the ACT mobile food business fit-out guide [PDF 460KB].

This will help you design and build your food van to meet food safety laws.

Learn more about food handling, safety and fit-out

• All activities in the ACT are subject to the General Environmental Duty. It requires that all practicable and reasonable steps are taken to prevent or minimise environmental harm.
• If you can’t meet noise and air emission rules, you can’t start a home-based business.
• Check the noise level and air emissions rules for your land use zone.
• For example, motor mechanics, carpenters, spray-painting booths and coffee roasteries are generally not suitable for residential areas. They may cause noise and odour complaints.

Meet environment protection policies and guidelines

To understand more about DAs for home businesses and mobile businesses on residential land, go to step 8 in the start a business guide.

Home-based businesses must still comply with all workplace health and safety rules.

Learn more about Workplace Health and Safety