Food premises in NSW are required to be designed and constructed in accordance with Australian Food Standards. This is to ensure that food is handled in a hygienic environment.
To assist in complying with the provisions of the Food Standards a state-wide guideline has been developed.
Fitting out a new food premises or carrying out construction works or modifications in an existing food premises may require approval from Council. All development applications (including modifications and reviews) are to be submitted online via the NSW Government Planning Portal.
The table below summarises approvals required for new or existing food premises (the approvals required may change if the building is a heritage item).
| PROPOSED USE | APPROVAL REQUIRED |
|---|---|
| Approved new developments with nominated food shop included within consent and approved plans | Construction Certificate Occupation Certificate |
| Change of use, from shop to food shop |
Complying Development Certificate or Development Application |
| Change of use, takeaway food shop or general shop to dine-in restaurant/cafe | Development Application or Complying Development Certificate (providing use does not contravene existing DA consent, car parking in accordance with existing consent or in accordance with current planning standards, seating capacity not more than 50 persons, complies with AS4674-2004 construction and fit-out of food premises) Occupation Certificate |
| Significant internal construction works to an existing food shop (check existing use approved) eg new fit-out, coolroom, mechanical ventilation | Complying Development Certificate or Development Application/Construction Certificate Occupation Certificate |
| New plumbing and/or alterations to drainage works | Section 68 Certificate |
| Minor refurbishing eg re-painting, updating existing fittings and appliances | not required |
| Footpath dining on Council owned land (seek Development Services advice that consent exists, and seek advice from Property Officer – Community Land about licensing footpath dining) |
refer to Council's Commercial Use of Footpaths Policy |
| Signage | refer to Council's Business Signage information |
| Home based business preparing food for sale online, through outlets, or markets | written permission from Council download Home Based Business Request Form |
Premises to be used for processing medium and high risk foods - meat, dairy, seafood, plant products, eggs, other medium-high risk food processing or preparing food for high risk populations (eg aged care facilities, correctional services) require licensing by the NSW Food Authority to operate.
Low risk food manufacturers (including home based food businesses) are required to notify their details to NSW Food Authority prior to commencement. This can be completed online at no cost.
Retail food outlets (eg restaurants, cafes, general stores, licensed premises, supermarkets, mobile food, market food stalls as well as childcare and schools) are required to notify Council prior to commencement. This is done by completing the following application form and paying the annual registration/inspection fee:
Council provides a pre-purchase inspection service that includes a written report to prospective purchasers. Input is provided by a range of Council sections including Environmental Health, Trade Waste, Town Planning and Commercial Services.
A written request signed by the current business operator and/or landowner must be completed and returned with the appropriate fee. Please allow at least two weeks for the report to be finalised. Contact Council's Environmental Health Section for more information and complete the:
Smoking and the use of e-cigarettes are banned in all enclosed public areas in shopping centres, cinemas, libraries, trains and buses. Enforcement of the smoke free laws is the responsibility of NSW Health Authorised Inspectors. On the spot fines of up to $550 may apply to individuals who smoke in a smoke-free area, and penalties of up to $5500 may apply to business owners if a person is found to be smoking in a smoke-free area of the premises.
information about starting up a new food business and how council can assist
Rules and regulations Council must apply to food premises
How to make a complaint or raise a concern regarding a food premise
Information for local businesses to help with food safety and hygiene practices
information about starting up a food business from home
information about having a food stall at local markets and events in Ballina Shire
information for operators of mobile food vans in Ballina Shire
how to apply for footpath dining and no smoking regulations for outdoor dining
The General Manager
Ballina Shire Council
PO Box 450
Ballina NSW 2478
40 Cherry Street
Ballina NSW 2478
Opening Hours
8:15am - 4:30pm
Monday to Friday
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