Licences for temporary food stalls
Food stalls refer to temporary set-up or premises (often a shelter with three walls) to prepare, or handle unpackaged food for retail sale at specific organised markets and events. A temporary food stall licence is for stalls that are temporary in nature and do not operate from the one location day in and day out.
This would require a food business licence as a temporary food stall. You will require one licence per stall. This type of licence allows you to operate within approved markets and events in Brisbane.
Have questions?
Call the Business Hotline on
133 BNE (133 263)
Who needs a licence
| Licence needed | Licence not needed |
|---|---|
You need a licence if you are preparing or handling unpackaged food for retail sale, that could include:
| Exemption list - you don’t need this licence if you are only:
|
Charities and religious organisations who need a licence and are listed in Council's register of type 1 organisations are exempt from the application fees.
Non-profits do not need a licence unless they are selling meals 12 or more times a year. A meal is food served with cutlery and requires seating. For example, a sausage sizzle is not considered a meal that requires seating and use of cutlery.
Council’s register of type 1 organisations can be located in the Council Annual Plan and Budget.
Application fees for temporary food stalls
You can apply for:
- annual licence: if you want to operate a food stall regularly, this option can be convenient and cost-effective. An annual licence requires only one application and fee to operate your stall multiple times in that year. You will need to list the individual markets or events that you wish to operate at. The annual licence is renewable. Council issues renewal notices 60 days before expiry.
- one-off, single-event licence: if you want to operate a food stall only occasionally or at a specific event. This allows you to operate a stall on one occasion only, for up to four consecutive days or up to 12 consecutive days. You cannot renew one-off licences, you will need to apply for a licence each time you operate.
| Type | Detail | Fees |
|---|---|---|
| Food stall - annual | Annual licence (renewable) | $922.95 |
| Food stall - one-off, non-renewable | Low risk - up to 4 consecutive days | $365.50 |
| Food stall - one-off, non-renewable | Low risk - up to 12 consecutive days | $405.15 |
| Food stall - one-off, non-renewable | High risk - up to 4 consecutive days | $444.75 |
| Food stall - one-off, non-renewable | High risk - up to 12 consecutive days | $533.75 |
High risk: Full preparation where stalls are preparing, storing, handling or cooking unpackaged food, including cooking food on-site for taste testing
Low risk: Applies to all food stalls which do not meet the high risk category, examples:
- cutting fruit or vegetables
- taste testing that only involves the opening of a pre-packaged food
- selling raw meat, seafood, poultry and dairy
- sale only of potentially hazardous foods (i.e. no preparation).
Before you apply
If you have already checked that you need this type of licence, these can help you with your application:
Application form
Or download the application for food business approvals form (PDF - 60kb)
Additional approvals to consider
In addition to your food business licence, you may need the following depending on your planned activities:
- Roadside 'standing stall' consent
You will need to apply for specific consent for any commercial activity on a Council road, if you want to set up your temporary food stall (including using a booth, stand, tables or chairs), as a 'standing stall' near roads or Council footpaths or verges, or near colonnaded areas, for commercial or promotional purposes. - Preparing food at another location
If you prepare ingredients or food at another location, the preparation premises must have a food business licence, usually as fixed premises. For example, if you want to use your home kitchen to bake cakes to sell out of your temporary food stall at a market, your home kitchen must have a food business licence as fixed premises, for food manufacturing. - Food labelling as a manufacturer
If you are manufacturing and packaging the food, you will need to comply with food labelling standards. - Liquor licence
If you will be serving alcohol, you may need a liquor licence from the Office of Liquor and Gaming Regulation.
Frequently asked questions
Can I set up next to roads?
Yes, if you apply for a separate consent for commercial activity on a Council road, to set up as a 'standing stall' near roads or Council footpaths or verges, or near colonnaded areas. Additional planning provisions will have to be considered.
You would need to apply for separate consent for each road that you intend to set up at.
What if I am preparing the food at another location?
If you prepare ingredients or food at another location, the preparation location must have a food business licence. For example, if you want to use your home kitchen to bake cakes to sell out of your temporary food stall, your home kitchen must have a food business licence as a fixed premises.
Do I need a food safety program?
No, if you are only operating at the markets or events as a temporary food stall, it is not mandatory to have a food safety program accredited by Council.
Under the Food Act 2006, licensed food businesses required to have an accredited food safety program include:
- off-site caterers – businesses that cater for functions, other than at their principle place of operation, such as charter boats
- on-site caterers – wedding venues, function halls, hotels, clubs etc and you operate more than 11 occasions in any 12 month period and for 200 or more persons on each occasion
- private hospitals, aged care facilities, day care facilities and other businesses that serve potentially hazardous food to six or more vulnerable people.
I did some training a while ago - what skills do I need for my food business?
Food Safety Supervisors
Under Food Safety Standard 3.2.2A all food safety supervisors are required to have completed a relevant food safety supervisor course in the last five years. The I’m Alert training will no longer meet the requirements for a food safety supervisor. More information about the relevant food safety supervisor courses is available from Queensland Health.
Food handlers
The 'I’m Alert' free online training modules will be acceptable for food handlers. This will give food handlers the basic skills or refresher training they need to establish safe food handling practices.