Purchasing an Existing Food Business
Taking Over an Existing Food Business
If you are taking over an existing food business, you are required to
- Submit the following:
- Food Business Notifications/Registration Form (on assessment of the application a fee will be requested, except charitable or community organisations)
- Detailed list of the food and beverages that will be for sale
- Detailed to scale floor plan of the kitchen, food storage area, wash up area, and bin store area.
- Contact the City’s Environmental Health services to arrange a final food premises inspection prior to operating on 9273 3500 or via this enquiry form to arrange a final food premises inspection.
Subject to satisfactory final inspection and annual surveillance fee being paid, a Food Act 2008 Certificate of Registration of a Food Business will be issued.
Should further inspections of the premises be required, a re-inspection fee may apply.
Selling liquor* – If you plan to sell liquor, you will be required to apply to the Department of Local Government , Sport and Cultural Industries, Racing, gaming and liquor Division to obtain a licence. For more information please refer to the following link Department of Local Government, Sport and Cultural Industries
*Note: You may require a planning approval, contact City’s planning department on 9273 3500 or via this enquiry form for more information.
Outdoor dining on council land – To apply for an outdoor dining licence you will be required to obtain planning approval, once this is obtained you will need to complete an Application for Outdoor Dining Licence
Fit-out
If you are proposing to make any changes to the internal structure of the business, you are encouraged to refer to the City’s Food Business Development Guidelines. This document provides you further detail on the Environmental Health requirements that are to be met.
You may also refer to Australia New Zealand Food Standards Code for more information.
Depending on the extent of the proposed changes building and/or planning approval may also be required. You should contact the respective departments prior to commencement of any works via the City’s administration office on 9273 3500 or via this enquiry form
Outdoor Dining
Should the premises have or you would like to have alfresco dining on Council property you will be required to submit:
Liquor
If the food business you are purchasing has a liquor licence, and you plan to continue selling liquor, you need to contact the Department of Local Government, Sport and Cultural Industries, Racing, gaming and liquor Division for more information on liquor licencing requirements.
Section 39
A Section 39 Certificate is a certificate issued by a local government stating if a premise complies with certain legislation. Such a certificate may be required as part of a liquor licence application process.
Should you be required to obtain a Section 39 certificate, please submit the application form.
Selling or Closing a Food Business
If you are intending to sell or close your food business, you must notify the City’s Environmental Health Section within seven days of selling or closing the business by completing a Food Business Cancellation Form.
Please note the new proprietor must complete and submit Food Business Notification/Registration Form. Refer to Purchasing an Existing Food Business section on this page.
Making Changes to your Food Business
If you are proposing to change the activities carried out for the purposes of the food business that is likely to affect its risk classification, for example, a newsagent selling pre-packaged lollies and then in addition selling bakery goods made on-site, the proprietor must complete and submit the Food Business Notification/Registration Form.
Please be reminded, that any intended changes to the food premises, must be approved by an Environmental Health Officer at the City of Nedlands. Approval may also be necessary from the City’s Planning or Building Department.
For more information please contact the City on 9273 3500.
Fit-out
If you are proposing to make any changes to the internal structure of the business, you are encouraged to refer to the City’s Food Business Development Guidelines. This document provides you further detail on the Environmental Health requirements that are to be met.
You may also refer to Australia New Zealand Food Standards Code for more information.
Depending on the extent of the proposed changes building and/or planning approval may also be required. You should contact the respective departments prior to commencement of any works via the City’s administration office on 9273 3500 or this enquiry form
Outdoor Dining
Should the premises have or you would like to have alfresco dining on Council property you will be required to submit:
Liquor
If the food business you are purchasing has a liquor licence, and you plan to continue selling liquor, you need to contact the Department of Local Government, Sport and Cultural Industries, Racing, gaming and liquor Division for more information on liquor licencing requirements.
Enforcement and Penalties
All food businesses within the City of Nedlands must:
The City is committed to promoting food safety within its community. The City aims to assist local food businesses to prioritise food safety and be aware of their obligations to ensure only safe and suitable food is offered for sale.
Whilst food safety education is provided to assist food businesses, should they fail to meet food safety requirements, provisions exist for the City to implement enforcement action where there may be a risk to public health. These actions include:-
- Infringement notices
- Improvement notices
- Prohibition orders
- Seizure notices
- Prosecution
The type of enforcement action taken by the City will be determined based upon the number and nature of the offence(s).
Infringement notices
The City may issue infringement notices for food safety or hygiene offences such as:
- Failure to have a temperature probe
- Not having soap or paper towels at a hand wash basin
- Failure to clean and sanitise food equipment
Infringement notices vary in their amount depending upon the offence but generally range from $250 -$1000.
Infringements are to be paid within 28 days of their date of issue. Unpaid infringements may be referred to the Fines Enforcement Registry or referred to court proceedings.
Improvement Notices
Improvement Notices are a statutory notice that may be issued to food business proprietors for not complying with the Food Act 2008, Food Regulations 2009 and the Australian New Zealand Food Standards Code.
An improvement notice details:
- the specific legislative provision to which it relates,
- the action to be taken and
- the time frame in which it is to be adhered to.
If an Improvement Notice is not complied with it may lead to infringement, seizure, prohibition order or prosecution.
Prohibition Orders
Prohibition Orders may be issued where an Improvement Notice has not been complied with or where this is necessary to protect public health. Prohibition Orders may temporarily close a food business, prohibit use of equipment/vehicles or stop particular food handling activities.
In such serious cases, a food business may only resume the prohibited operations once the problems have been fixed and a Certificate of Clearance by the City has been issued.
Seizure Notices
Food, vehicles, equipment, and labelling and advertising materials can be seized by a City Authorised Officer if there are grounds to believe that they do not comply with a provision of the Food Act 2008 or Food Regulations 2009, or where there is evidence that an offence has been committed.
The person(s) from whom items are seized is provided with a seizure notice that describes the items seized, and states the reasons for the seizure and the address at which the items will be held.
Prosecution
Prosecution is generally reserved for more serious breaches of the Food Act 2008 or where previous enforcement actions have not resolved issues with a food business.
When a food business is found guilty, details of conviction are made publicly available on the WA Health Department Publication of names of offenders webpage where they remain for a period of two years.