Running a food business
Understand the licensing and safety requirements for operating or starting a food business.
What is a food business?
A food business is any kind of enterprise that deals with food, such as preparing and/or serving it to customers. This includes commercial, charitable and community organisations.
Examples of food businesses include:
- food truck
- cafe, restaurant or bistro
- bakery
- takeaway shop
- butcher
- school tuckshop
- fruit and vegetable shop
- food manufacturer that processes and packages food to sell to food retailers.
Starting a new business
If you’re starting your own food business at a new location, check that the premises is suitable.
- Make sure the location is zoned for your type of business. You can do this by generating a property report using City Plan online interactive mapping.
- Check if you need approval to make changes to the premises, including planning or building approval, and plumbing approval.
- If you’re planning to set up a food business at home, use the self assessable checklist to find out if you need to lodge a development application.
Once you understand your building or planning obligations, you must understand your licensing requirements.
Taking over an existing business
If you’re taking over an existing licensed food business, you'll need to apply for a new food business licence.
Do your research before finalising the sale
You can request an inspection report from Council to get information about the food business you’re buying. This isn’t mandatory but can be very helpful when considering purchasing a business.
A pre-sale inspection report outlines the current compliance status of the premises/activity. You may need this to show compliance for an insurance or bank application.
You’ll need a letter of consent to the inspection report from the current permit holder/operator.
Licensing requirements
Running a food business is an exciting opportunity but it’s important to understand your legal requirements.
As a business owner, you have obligations relating to licensing and food safety. You may also need other approvals or permits to run your business.
Understand what you need to get started by working through the following steps.
Under the Food Act 2006 certain food businesses need a licence to operate in Brisbane.
You need a licence if you're manufacturing or selling unpackaged food including:
- cut fruit or vegetables, or fruit or vegetable juice
- baked goods with fruit, dairy fillings or icings
- dairy, including yoghurt and milk products
- takeaway foods such as hamburgers, hot dogs, pizzas, hot chips or curry
- cooked meat such as a sausage sizzle
- cooked meals at a cafe or restaurant
- food for taste testing
- any other unpackaged food that is not exempt.
Home-based food preparation operations that need a licence include:
- food prepared for sale at a market or fete
- bed and breakfast meals
- home-based catering
- motel kitchens that also serve as kitchens for owners or onsite managers
- cooking demonstrations where the demonstrator supplies ingredients and the participants consume the prepared food.
You don't need a food business licence if you're only selling:
- drinks such as tea, coffee, soft drinks, alcohol
- whole fruit or vegetables
- unpackaged snacks such as baked goods without cut fruit, dairy filling or icings
- pre-packaged food (prepared by a licenced food business)
- ice/flavoured ice made onsite.
You don’t need a food business licence if you’re only grinding coffee beans.
Non-profit organisations don’t need a food business licence unless they sell meals 12 or more times a year.
The type of food business licence you need depends on the type of premises where you prepare, handle and/or serve food.
If your business operations are spread across different locations, you need a licence for each location. For example, if you prepare food in a home kitchen and sell it at a market stall.
Fixed premises refers to a fixed location. The following types of businesses are covered by the fixed premises business licence.
- General retail, including cafes, restaurants, bakeries, delicatessens, food shops, takeaways, fruit and vegetable processing.
- Food or beverage manufacturing, including breweries and distilleries, and home-based food businesses.
- Catering, both onsite and offsite, including providing food for people in aged care, hospitals or childcare centres.
- Accommodations meals, including bed and breakfast.
- Mobile food trucks permanently on private property.
Running a food business from home
You can only apply for a fixed premises licence if you prepare and handle low-risk food.
Low-risk food is any food that doesn’t need to be kept refrigerated or warm to be safe for consumption. This includes bread, baked goods, preserves and uncut fruits and vegetables.
Your food preparation area needs to meet fit-out requirements. It must also:
- be separate from where household food is prepared
- include commercial-grade surfaces and appliances
- be secure from children and pets.
For more information, see the Design and fit-out guide for fixed food businesses.
A temporary food stall is a non-permanent set-up where you prepare, handle or sell unpackaged food. The set-up usually includes a shelter with three walls.
A temporary food stall licence covers one stall:
- at specific organised markets or events
- operating multiple times throughout a year, or at a single event for up to 4-12 days in a row.
Learn more about temporary food stalls on the Food Standards Australia New Zealand (FSANZ) website.
A mobile food business prepares, handles or serves unpacked food from a mobile vehicle or structure. You need a licence to prepare or handle food for sale from a:
- food truck
- motor vehicle
- ice cream van
- pie van (smoko truck) where unpackaged food is sold
- mobile snack truck
- mobile food trailer
- vending machine
- water carrier.
You don't need a food business licence if you're selling:
- drinks such as tea, coffee, soft drinks, alcohol
- slushies/flavoured ice/ice made onsite
- pre-packaged food (prepared by a licenced business).
Preparing food at another location
If you prepare ingredients or food at another location, the premises must have a fixed premises food business licence.
For example, if you’re running a food truck business where the food you sell is prepared in a home-based kitchen.
All food businesses must:
- provide safe and suitable food to customers
- comply with food safety legislation, regulations and standards
- comply with any conditions specified in a food business licence
- conduct food recalls for any food that's determined to be unsafe
- report any suspected intentional contamination of food by calling 13HEALTH (13 432 584).
- ensure all food handlers have been trained in food safety
- have a food safety supervisor.
Some food businesses also need to have a food safety program.
Learn more about your food safety obligations.
Find information on applying for a food business licence and get advice before you submit.
If you want to offer dining on a public footpath outside your premises, you need to apply for a footpath dining permit.
If you want to put tables and chairs for customers in an outdoor mall space in Queen Street Mall, Brunswick Street Mall (including Beirne Lane) or Chinatown Mall, you need to apply for a Outdoor Dining in Malls Permit.
If your food truck offers a unique food experience, you can apply for Gourmet Food Truck approval to trade in premium and drive-up sites.
Advertising signs must comply with the Advertising Devices Local Law 2021 and associated rules. You may need to apply for advertising device approval.
If you plan to serve alcohol, you may need to apply for a liquor licence.
If you manufacture and package food, you need to comply with food labelling standards.
If your business generates waterborne waste that goes into sewers, you need trade waste approval from Urban Utilities. Trade waste excludes prohibited substances, human waste or stormwater. The owner of the property must apply for trade waste approval.
To set up a stall (including a booth, stand, tables or chairs) near a road, footpath or verge, you need to apply for consent for commercial activity on a Council road using the Food Business Licence Application form.
Frequently asked questions
No, you don’t need a food business licence if you’re only delivering food to customers. If you haven’t been involved in preparing the food and are not serving the food, you don’t need a food business licence.
Yes, you need a food business licence to sell homemade food. The type of food licence you need depends on where you the sell the food. There are food business licences for selling food at a:
- fixed location, such as selling food from home
- temporary stall, such as a market stall
- mobile vehicle, such as a food truck.
You may also need a separate food business licence for the location where you prepare the homemade food.
Learn more about food business licences.
The first step in starting a food business is to learn about the legal requirements. This includes food business licensing and food safety management. You may also need other approvals or permits relating to your business operations. You need to comply with all the legal requirements relating to your food business before you start trading.