Food and Business Licences

It is a requirement under the Queensland Food Act 2006 that all food businesses operating certain food handling activities such as restaurants/cafes must hold a Food Business License with their Local Council. A home based business or market stall are popular ways to start a new food business. There are also specific requirements for non-profit and government organisations.

The Food Act 2006 exempts certain food businesses from requiring to hold a licence as per the following:

• production of primary produce under an accreditation granted under the Food Production (Safety) Act 2000 – including meat, dairy, seafood and egg schemes
• handling or sale of fisheries resources under a buyers licence issued under the Fisheries Regulation 1995, except where the seafood is cooked
• sale of unpackaged non potentially hazardous snack foods, such as biscuits, cakes, confectionary, nuts and potato chips
• sale of whole fruit or vegetables
• sale of seeds, spices, dried or glazed fruit, dried herbs, tea leaves, coffee beans or ground coffee
• grinding of coffee beans
• sale and preparation of drinks including tea, coffee, soft drinks and alcohol, (other than drinks that consist wholly or partially of fruit or vegetable juice processed at the place of sale)
• sale of ice, including flavoured ice, such as Slurpee’s and snow cones or bags of party ice (the manufacturing of ice is not exempt from food licensing)
• providing of meals by a non-profit organisation that are pre-prepared by another organisation and are stored and heated or otherwise prepared by the non-profit organisation in accordance with the directions of the meal’s manufacturer
• sale of food, by a non-profit organisation, that is prepared as part of an educational or training activity conducted by the organisation involving food preparation, hospitality or catering
• sale of food, by a non-profit organisation, that consists of low-risk food (e.g. fruits, cereals, toast or similar food).

While these food businesses are exempt from the licensing requirements and associated provisions, such as food safety supervisors and food safety programs, they are still required to comply with all other aspects of the Food Act 2006 and the Australian Food Standards. These food businesses may be inspected, if needed, and are subject to the same offences and enforcement methods as a licensed food business.

Guidelines for Categorising a Food Premise in the North Burnett Region – April 2016

Categories

Category 1 – Restricted

• Low scale* manufacturing at a domestic residence
• Home-based – baking or preparing cakes or baked goods – non-potentially hazardous fillings
• Home-based – repackaging non-potentially hazardous foods
• Home-based – preparing snack foods and confectionery (as per Food Act 2006 definition)
• Home-based – producing jams, chutneys and sauces

*Low scale refers to selling by retails order or a market stall event
(Market stall events are temporary food stalls as listed below)

• Bed & Breakfast providing breakfast only
• Child care – cut fruit, prepare bottles, and snack foods (as per Food Act 2006 definition), or unwrap children’s lunches
• Minor – sale of prepared foods by reheating only (eg. microwaving unpackaged pies and or cutting fruit and vegetables
• Respite Centre
• Mobile Van with limited preparation (eg. licensed coffee and cakes)
• Unpackaged Ice cream and Gelato
• Annually licensed temporary food stalls who fall into one of the above Category 1 descriptions

Category 2

• Mobile Food Vans – other than limited preparation
• Takeaway
• Bakeries – retail on premise
• Repackaging potentially hazardous food
• Retail outlets selling unpackaged potentially hazardous food eg. seafood
• Ice manufacturers
• Hospitals (other than QH), Aged Care Facility – providing meals for 6 or less persons
• Water Carrier
• Café, Restaurants, Motels with <20 seats and do not provide evening meals Motels, Bed & Breakfasts providing food other than Category 1 Annually licensed temporary food stalls who fall into one of the above Category 2 descriptions

Category 3

• Restaurants, Cafes, Motels with >20 seats or providing evening meals
• Businesses catering off site
• Manufacturing potentially hazardous foods
• Manufacturing foods in bulk quantities to wholesalers or large retailers
• Supermarkets (a grocery store in which a shopping trolley is regularly used by many of the customers when shopping at the store)
• Hospitals, Aged care facilities providing meals for greater than 6 persons in care at any one time
• Private Tuckshops / Canteens
• Temporary Food Stalls / Events

For use per event or a list of events – time frame listed on documents

May or may not require a food safety supervisor – depending on food for sale

Restricted to cutting / slicing / piecing of fresh fruit or vegetables (includes taste testing)

Does not include blending or juicing of produce.

See more information about Food Safety at Special Events and Occasions here.

Food Business Licence Fees

Please refer to NBRC Fees and Charges document for all Food Business Licence fees.

Personal Appearance Services (PAS) includes hairdressing, beauty therapy, or skin penetration procedures, such as tattooing, body piercing or any other process by which the skin is penetrated, and in which blood, or other body fluid is an expected result as provided as part of a business activity.

The purpose of the Public Health (Infection Control for Personal Appearance Services) Act 2003 is to minimise the risk of infection that may result from the provision of personal appearance services. Under the Act, Council is required to monitor the health standards of operations in such premises.

When you need a licence

As a general guide, a license is needed to conduct higher risk personal appearance services which may involve the release of blood or other bodily fluid.

Examples of higher risk activities that require a license include:

• body piercing (does not include ear and nose piercing with a gun)
• implanting natural or synthetic substances into a person’s skin (for example hair or beads)
• scarring or cutting a person’s skin using a sharp instrument to make a permanent mark, pattern or design
• tattooing

When no licence is needed

Non-higher risk services that do not need a licence include:

• Ear and nose piercing (with a gun)
• Hairdressing
• Beautician services (waxing, nail sculpting/enhancing, electrolysis,
• application of cosmetics and treatments).

Medical treatments processes that involve penetration of the skin are exempt and do not require a licence. This includes:

• medical practitioners and persons acting under their direction
• dentists and persons acting under their direction
• acupuncturists
• podiatrists
• physiotherapists
• registered nurses and persons administering injections as part of a
• required medical treatment

However, you still need to comply with other relevant requirements, including:

• making sure you have planning, plumbing and building approval.
• complying with the Infection Control Guidelines for Personal Appearance Services.

Fees

Payment of an application fee is required when you lodge your Personal Appearance Services Licence Application with Council.

View the fees and charges here.

How to apply

1. Planning approval

Find out if you need planning approval . If you need planning approval, you must obtain it before you can apply for a Personal Appearance Services Licence Application. Contact Council’s Development Services team on 1300 696 272 for further information.

2. Plans

For a new licence application you need to provide:

• two copies of all plans drawn to scale 1:100 or 1:200 with elevations
• floor plan showing all fittings, fixtures and equipment
• site plan showing location of site in relationship to surrounding land uses
• all plans not larger than A3 and clearly legible

3. Infection Control Qualification for employees

The employees who will deliver the high-risk personal appearance services need to complete an Infection Control qualification with an accredited training provider. You need to provide to Council copies of their Statements of Attainment before your licence can be issued.

4. Provide evidence of your State Operator Licence and Tattooist Licence

North Burnett Regional Council has a memorandum of understanding with the state government in regards to state legislation for the Tattoo industry. The Queensland State Legislation implemented new requirements for all tattoo businesses and tattooists operating in Queensland. Please refer to the state website for further details.
Note: Council will not assess your application without evidence of you having first obtained the relevant state permits, namely the State Operator Licence and Tattooist Licence.

5. Personal Appearance Services Licence Application

Download and complete the Personal Appearance Services Licence Application found below.

To lodge a hard copy application form you can:

• Visit a Council Customer Service Office and make the payment in person
• Mail the application with payment of the correct fee to:

North Burnett Regional Council
PO Box 390
GAYNDAH QLD 4625

You will receive an outcome regarding your application within 14 working days.

Renewals

After approval you will receive a renewal notice every 12 months.

Inspection request

If you are planning to purchase an existing personal appearance service business or need to demonstrate compliance for an insurance or bank application, you can request an inspection report outlining the current compliance status of the premises/activity.

Complete a Health Search Form and select either Non-Urgent or Urgent.

More information

For further information please contact Council’s Environmental Health Department by phoning 1300 696 272 or email admin@northburnett.qld.gov.au.
The Queensland Health website also has relevant information about the State legislation and factsheets for personal appearance businesses.

Personal Appearance Services Forms
Application Form

Flammable Liquid

A flammable liquid is a liquid that has the potential to ignite at temperatures below 62°C. This ignition temperature is the liquid’s flash point.

A common example of a flammable liquid is Unleaded Petrol.

Combustible Liquid

A combustible liquid is a liquid which has the potential to ignite or combust. It is defined as being a liquid other than a flammable liquid which has an ignition point less than its boiling point. The temperature at which ignition occurs, is known as the liquids flash point.

A common example of a combustible liquid is diesel fuel.

Licence

As of the 1st January 2012, the Dangerous Goods Safety Management (DGSM) Act 2001 was repealed. The repeal of the dangerous goods legislation resulted in the abolition of the flammable and combustible liquids (FCL) licences administered by local governments. This means that all FCL licences ceased to have effect after 31 December 2011. There is no power for local government to issue FCL licences after this date. The storage of dangerous goods is now regulated by the Queensland Work Health and Safety (WHS) Act 2011. Council planning schemes may contain provisions relating to the design and location of flammable and combustible liquid storage facilities, which aim to minimise the risk to the community from hazardous chemicals.

For further information, please contact Queensland Worksafe which now looks after all Notification and Permits required for storage and undertaking certain activities in relation to Flammable and Combustible liquids. The following links may assist in relation to these:

Work safe Qld Flammable & Combustible Liquids:

https://www.worksafe.qld.gov.au/injury-prevention-safety/hazardous-chemicals/specific-hazardous-chemicals/flammable-and-combustible-liquids

Work safe Qld Service Stations:

https://www.worksafe.qld.gov.au/injury-prevention-safety/hazardous-chemicals/specific-hazchem-workplaces/service-stations