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Legal Essentials for Opening a New Restaurant or Cafe in Australia

Before you open the doors to your new restaurant or cafe, you must fulfil several important requirements. Setting up a food service business requires obtaining licences and certifications before you can start serving. It can be confusing and difficult to navigate your state or territory’s requirements for opening a new restaurant or cafe. This article will take you through what you should do before picking a location for your restaurant or cafe, what licences you might need before you serve food and drinks, and the certificates your employees may need before you start work.

What to Check Before Picking a Location

Before you pick the perfect spot for your restaurant or cafe, you should check with the relevant authorities to see whether or not you are allowed to operate a restaurant or cafe there.

The appropriate authority and method of checking the zoning of your location will depend on which state/territory you are in.

  • In the ACT, the Crown Lease documentation will let you know if the place you have picked is suitable for a cafe.
  • Everywhere else, check with your local council to obtain documentation explaining the allowed uses for the location where you want to start your restaurant.

Depending on the type of restaurant or cafe you are opening, you should check the Crown Lease or with your council to make sure that you can serve alcohol at the location you choose and for any requirements for noise or closing times.

What Licences Will You Need?

The specific licences you will need will vary between states and territories. However, there are several important licences that you may require before you can open for business.

Food Business Licence

All businesses that serve non-packaged food throughout the year are required to have a food business licence. Your food business licence allows you to sell food in your restaurant or cafe. The fee and method of applying for these licences will depend on where you are in Australia. You can register for a food business licence through the website of your local state/territory’s building authority.

Liquor Licence

If you wish to serve alcohol at your restaurant/cafe, you must obtain a liquor licence. To apply for one, visit your state/territory’s website. As part of your application, you may have to complete a Risk Assessment Management Plan, which will require you to develop a plan for procedures and practices that your business will use to manage the risks associated with serving alcohol.

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Licences for Your Employees

In addition to licences for your business, you also need to ensure your staff hold the correct certification and training relevant to their role.

Food Safety Supervisor

All businesses that serve food require one employee trained to be a food safety supervisor. The food safety supervisor oversees how food is handled and takes steps to minimise risks related to food safety. Food safety supervisor training will vary in cost and duration depending on your state/territory, so check with your local food safety authority. 

Food Handler Training

If you hire employees to work with unpackaged food that is ready to eat, they will need to receive food handler training. This training will teach your employees to handle food and prevent contamination safely. Food handler training will vary in cost and duration depending on your state/territory, so check with your local food safety authority. 

Responsible Service of Alcohol Certificate

Any employees who serve alcohol will need to apply for Responsible Service of Alcohol certificates. Employees will undergo training and receive certifications allowing them to serve alcohol. Check with your local liquor authority to determine how much the training will cost.

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Key Takeaways

To start serving food and drinks at your restaurant or cafe, you might need:

  • a location zoned for use as a restaurant or cafe;
  • licences that allow you to sell food and drinks; and
  • certificates that will enable your employees to handle food, reduce food contamination risks and serve alcohol.

Navigating your state or territory’s requirements for opening a restaurant or cafe can be complex. LegalVision’s experienced food and hospitality lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.

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Veer Shrivastava

Veer Shrivastava

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