Service NSW
Learn how to set up your business, apply for business and tax registrations, and explore industry-specific resources to help get your business on the right track. Specific services are also available for a variety of industries.
Get approval for a food business
Make sure you have all the right permissions before you start trading.
Project Status: When you need to do this
If you’re taking on an existing food or drink business, renovating or converting one you need to ensure that you have the appropriate consent.
Flexibility for restaurants and ‘dark kitchens’
Businesses can use existing premises with kitchen facilities to provide takeaway food and drinks.
‘Dark kitchens’ can be set up in any existing commercial kitchen, to allow for food and meal preparation to be delivered. These premises include community facilities, business premises, cooking schools and function centres, and must have development consent for the existing use.
What you need to do
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Lodge a business registration form
Before you open, you need to lodge a food business new premises registration and change of existing registration form.
Note, you cannot operate your business unless you have a complying development certificate or development consent. Operating a food business without consent is an offence.
Food business new premises registration and change of existing registration formPDF · 93.72 KB · Last modified
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Arrange a free pre-development application meeting
The site may already have development consent to operate as a food business. If not, check it is suitable before lodging your development application.
Planning advice is available at Town Hall House customer service centre. Contact us to book an appointment.
If you need development consent
You’ll need to lodge a development application.
Typically, this is because you’re setting up a brand new business, changing opening times and signs, or renovating the building. It may also be because your food business fits out a venue that serves food or drinks, or change its use in some other way.
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If your premises includes outdoor dining
If your food business includes outdoor dining, you’ll need to apply for permission.
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If you’re intending to serve alcohol
If you’re intending to serve alcohol, you’ll need a liquor licence.
A liquor licence freeze is currently in effect for parts of the local area. To find out more and lodge your application, you need to go through Liquor & Gaming NSW.
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Apply for a food safety supervisor certificate
Find out how to appoint a food safety supervisor through the NSW Food Authority.
Further advice is available from our environmental health officers on 02 9265 9333.
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If you discharge trade wastewater
You’ll need to apply for a trade waste permit through Sydney Water.
Before you start
Find a suitable premises
- Make sure the premises is large enough and has a kitchen exhaust or room for one to be installed. The exhaust must discharge vertically above the roof level and not adversely affect another household or business. Further smoke or odour controls may be necessary.
- If a grease trap is required by Sydney Water, it mustn’t be installed in any kitchen, food preparation or food storage areas. You should be able to empty the trap from the boundary of the property.
New laws for food businesses
From 8 December 2023, businesses handling unpackaged, potentially hazardous foods must:
- employ a qualified onsite food safety supervisor
- train all food handlers in safety and hygiene
- demonstrate food safety.
Businesses that slice, weigh, repack, reheat, or hot-hold food they didn't make must also have a qualified onsite food safety supervisor and trained food handlers.
The standards apply to retail, hospitality, school canteens, childcare centres, delis and more. The NSW Authority offers resources and free online training to support the regulations. Use a quick quiz to find out which Food Safety Management Tools apply to your business.
School canteens, childcare centres, supermarkets, coffee vendors selling food and boarding schools need to follow the food safety standard from Sunday 8 December 2024.
For more information, visit the NSW Food Authority website.
After you finish
Once all appropriate approvals have been issued, you can start trading.
Food premises inspections are not required before you start trading. Once you've registered the City of Sydney will carry out random, unannounced inspections. All food businesses inspected will be charged a fee for inspection.
