Registering a New Food Business
All businesses where food is handled, processed or stored are required to be registered with the City.
When planning to construct or open a new food business, or buying an existing food business, there are several steps involved, which are outlined below:
| Step |
Action |
Details |
| 1 |
Check planning requirements |
Contact the City's Planning department by submitting a General Planning Enquiry to check if any planning approval is required. |
| 2 |
Check building requirements |
Contact the City's Building department by submitting a General Building Services Enquiry to check if any building approval is required. An occupancy permit may also be required.
|
| 3 |
Submit mandatory documents |
• Food Business Notification/Registration Form (duly completed and signed)
• Detailed, to-scale floor plan of the kitchen, food storage areas, wash-up area, toilets, and bin store area
• Detailed list of the food and beverages that will be for sale
Submit other relevant documents listed below (where applicable)
•Copy of Food Safety Training Certificate for all food handlers — free online food safety training program available; training/qualifications from a registered training organisation also accepted
• Copy of Food Safety Supervisor Certificate (Category One and Category Two food businesses) — refer to Food safety management tools and Food safety supervisor training course
• Copy of Food Safety Program (e.g. for businesses selling food to vulnerable people) — refer to Standard 3.2.1 – Food Safety Programs
• Copies or photos of food labelling (if required to bear labels) — refer to ANZ Food Standards Code, Ch. 1 Part 1.2 and Food Labelling – Healthy WA
|
| 4 |
Book final inspection |
Upon completing fit-out works, contact Environmental Health Services on 9273 3500 or via this enquiry form (select 'Book an Inspection – food business / primary production'). Refer to the Food Business Development Guideline for further information. |
| 5 |
Certificate issued |
Subject to a satisfactory final inspection, a Food Business Certificate of Registration under the Food Act 2008 will be issued. Note: additional inspections may incur a re-inspection fee. |
Outdoor Dining on City Property
Contact the City’s Planning department via this enquiry form to obtain a planning approval. Once this this obtained, then submit an Application for Outdoor Dining Licence.
But, if the food business you are purchasing has an outdoor dining licence, and you plan to continue as per the existing approval, please submit a Transfer of Outdoor Dining Licence application.
Outdoor dining permits are issued for one year and must be renewed each year.
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 premises complies with certain legislation. Such a certificate may be required as part of a liquor licence application process.
If a Section 39 Certificate is required, please submit an application.
Selling or Closing a Food Business
If you intend to sell or close your food business, you must notify the City’s Environmental Health Services within seven (7) days of the sale or closure by completing a Food Business Cancellation Form.
Making Changes to your Food Business
If you intend to introduce new activities to your food business that may change its risk classification for example, a newsagent currently selling pre‑packaged confectionery that plans to also prepare and sell bakery items on-site, you are required to complete and submit a Food Business Notification/Registration Form.
Please note that any proposed changes to the food premises must be approved by an Environmental Health Officer at the City of Nedlands. Additional approval may also be required from the City’s Planning or Building departments.
Settlement Enquiries
If you are buying an existing food business, a to the Environmental Health Services. Upon receipt of your request, a review of the premises file will be undertaken, and relevant information provided. This may include confirmation of the current proprietor, details of any outstanding notices, and any outstanding fees. Information provided will be based on the most recent inspection records and may not reflect the current condition or circumstances of the premises.
Enforcement and Penalties
All food businesses within the City of Nedlands must:
The City is committed to promoting food safety within the community and supporting local food businesses to prioritise food safety and understand their obligations. This helps ensure that only safe and suitable food is offered for sale. While the City provides food safety education to assist businesses in meeting these requirements, enforcement action may be taken where food safety standards are not met and there is a risk to public health. These actions include:
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 breaching any provisions with the Food Act 2008, the Food Regulations 2009 and the Australian New Zealand Food Standards Code.
Infringement notices vary in their amount depending upon the offence but generally range from $250 -$1000 per offence.
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
An Improvement Notice is a statutory notice that may be issued to food business proprietors for not complying with the Food Act 2008, the Food Regulations 2009 and the Australia 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 further enforcement action like infringement, seizure, prohibition order or prosecution.
Prohibition Orders
Prohibition Orders may be issued where an Improvement Notice has not been complied with, or where such action is necessary to protect public health. A Prohibition Order may require the temporary closure of a food business, prohibit the use of specific equipment or vehicles, or restrict particular food‑handling activities.
In these serious circumstances, a food business may only resume the prohibited operations once the identified issues have been satisfactorily rectified and a Certificate of Clearance has been issued by the City.
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 and 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.