Home-based food business
If you intend to process, manufacture, and/or sell food from a domestic kitchen in residential premises, you are considered a home-based food business.
The meaning of ‘sell’ is very broad and includes retail sale, child care services where food is provided, market food stall, food given away for advertising or fundraising purposes, bed and breakfast and more.
Cairns Regional Council will only consider applications for home-based food businesses where you comply with the requirements of CairnsPlan 2016 and the food preparation and handling is considered to be low-risk. This includes baked goods such as cakes and cupcakes (without fresh cream) and other foods that are not considered to be potentially hazardous .
Applications are assessed on a case by case basis, taking into consideration the premises and food safety risks of the proposal and must be accompanied by written planning advice.
| Yes – licence is required | No – licence not required |
|---|---|
|
Note: even though a licence may not be required, these types of businesses must ensure the sale of safe and suitable food |
Step 1: Determine if you need a licence
Check the licence requirements table above to identify if you need a Food Business Licence. If yes, continue to Step 2.
Even if you do not need a Food Business Licence, you must still comply with the other requirements of the Food Act and the provisions of the Australia New Zealand Food Standards Code.
Step 2: Check other approvals
Applying for a Food Business Licence does not give you approval to run the food business from your home. Your home-based business operation may require other approvals including:
- Town Planning approval to use the premises for your intended purpose – confirmation is required from Council’s Development Services Unit. Contact them by email at TownPlanner@cairns.qld.gov.au
- Trade Waste approval to discharge into the sewerage system – confirmation is required from Council’s Trade Waste Unit.
You can find out more in the CairnsPlan 2016 Home Based businesses factsheet ( PDF, 0.31 MB ).
All Council units can be contacted on 1300 69 22 47 or by email at council@cairns.qld.gov.au
You may also need to comply with Queensland Health requirements.
Step 3: Apply for a Food Business Licence
The operator of the food business must be deemed suitable, and have the required skills and knowledge to safely serve food to the public.
Apply
You will need to apply for your Food Business Licence: Domestic Premises – Home Based Business at least 30 days before you intend to start trading, to allow us to assess your application in time.
The applicant must be the person or company that intends to operate the food business, not the contractor building the food premises. The applicant must be a legal entity (a person or company); a business name or trading name is not a legal entity and cannot be the licence holder.
You may also need to have a Food Safety Program (FSP) accredited with Council. If so, you should submit your FSP together with your Food Business Licence application.
Assessment
During the Food Business Licence application process, Council will assess the suitability of the operator to safely prepare and serve food to the public.
Council will contact you if further information is required in order to consider your application. In this case, an extension of time will be needed to finalise the assessment.
Step 4: Request final inspection
Before you start trading, you need to contact Council to arrange a final inspection of your kitchen to determine if a Food Business Licence can be issued.
At your final inspection, Council’s EHO will check your premises to ensure it has been fitted out in accordance with your letter of approval.
Step 5: Decision
After your final inspection, if Council's EHO is satisfied that your premises have been fitted out in accordance with your approval and you are a suitable person to hold a food licence, you will be issued with your Food Business Licence. You may then start trading.
If you have not met all requirements but Council's EHO is likely to approve your application once you fix minor requisitions, you may be issued with a provisional licence (a short-term licence with conditions that must be met within a specified timeframe). This will allow you to commence trading. You can only receive a provisional licence for a maximum of 3 months, and if you don’t attend to the conditions in the timeframe, your Food Business Licence will be refused.
Alternatively, if Council is not satisfied that you have met the requirements of the Food Act to prepare and sell safe and suitable food, your licence application will be refused and you will not be able to trade.
Remember, you can't operate until your Food Business Licence application is approved. A copy of your food licence will be mailed to you within two days of your final inspection. You must display it at your food premises in a prominent position so the details are easily visible to customers.
Step 6: Renewal
Council will send you an annual renewal invoice for your Food Business Licence. Pay on time to ensure you can continue to operate.
Be ready for inspections. Council’s EHOs can conduct compliance audits and inspections during your operating hours.
Remember to advise Council of any changes to your contact details to ensure you continue to receive your renewals and other relevant communication from Council.
Development approval
Operating a business from a residential location requires assessment in accordance with Council’s planning scheme, CairnsPlan 2016. In some circumstances, you may need to lodge a Development Application (DA).
This assessment will look at the planning scheme criteria and whether the proposed food business meets those requirements. The CairnsPlan 2016 may limit the size and scale of the activity. Where a DA is required, Council can impose conditions in regards to amenity and the operation of the activity, such as hours of operation, number of employees etc.
Before you submit your application for a Food Business Licence, you must contact Council’s Development Services Unit to determine if you can lawfully operate from your home under CairnsPlan 2016. Contact TownPlanner@cairns.qld.gov.au or phone 1300 69 22 47. You should submit confirmation of this advice with your Food Business Licence application; Council will not start assessing your application until it is provided.
If you want to expand or change the nature of your home-based business over time (eg, you want to employ additional staff), you should first check if you need a DA or, if already obtained, amendments to your development conditions.
Building Works approval
Home-based businesses are generally conducted within existing dwelling houses. However, if any building work is required, you will need to contact a private building certifier to obtain a Building Approval before starting any works.
Advertising approval
Advertising signage associated with your home-based business may require a permit from Council in order to be displayed.
Refer to our Advertising devices webpage for more information. To discuss your specific situation, contact our Licensing and Approvals Unit on 1300 69 22 47.
You must have a nominated Food Safety Supervisor for your food business at all times. This person needs to have the experience and skills relevant to day-to-day safe food handling and authority in supervising other staff within the food business.
The Food Safety Supervisor must be reasonably available whenever the business is operating, and they also serve as a point of contact for Council and staff who handle food in the food business.
You must either:
- Nominate this person when you apply for your licence by including their details on the Food Business Licence application form; or
- Nominate a Food Safety Supervisor by contacting Council by phone, email or mail within 30 days of the Food Business Licence being approved.
Find out more about Food Safety Supervisors
Last Updated: 18 March 2024
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