In Short
- Identify the specific licences and permits required for your business type and location.
- Understand the importance of compliance with local, state, and federal licensing regulations.
- Regularly review and renew licences to ensure ongoing legality.
Tips for Businesses
Start by researching the licences relevant to your industry and location. Check with local councils and government websites to ensure compliance. Keep a calendar for renewal dates to avoid lapses. Consider using a legal professional for guidance on complex licensing requirements.
Certain business industries require the registration of business licences to ensure industry professionalism and protect consumers. A licence serves as a government authority, approval, registration, or permit. Licences regulate various aspects, including activities, locations, events, services, equipment, premises, operators, and occupations. Common licences are necessary for property agents, motor dealers, debt collectors, and tattooists. This article will outline types of business licences you may need to run your business and provide guidance on where to find and obtain any licences applicable to your business.
How Can I Identify What Licences I Need for My Business?
Obtaining business licences depends on several factors, including the:
- business structure;
- jurisdiction;
- type of business; and
- industry.
Most business industry bodies provide information and resources to help you understand the types of licences you need as you establish your business.
The Australian Business Licence & Information Service (ABLIS) helps business owners find and register the appropriate government licences, permits, approvals, registrations, and codes of practice. It offers:
- information for each state or territory;
- licence fees;
- application processes;
- periods of cover; and
- renewals.
Types of Business Licences
As a business owner, you may need to obtain multiple licences depending on your industry and your location. These licences include:
General Business Registration
Most businesses need a general business licence to operate legally. Certain professions, such as doctors, lawyers and accountants, require specific professional licenses.
Location
Depending on where you run your business, you may need specific licenses. You should check with your local council and state authorities to determine which licenses apply to your specific business. If you run your business from home, you might need to obtain a specific license to do so. You may also need multiple licenses if you operate your business in different states or territories.
Industry-Specific Licences
Depending on what your business does, you may need to obtain a number of licenses. For example, if you run a restaurant, cafe or food related business, you will likely need health permits.
Certain professions, such as doctors, lawyers and accountants require specific professional licences. If you sell goods or certain services, you may need to register to collect and remit GST.
Event/One-Off Licences
Along with ongoing licensing requirements to conduct your business, you may require additional licenses for one-off events or other commercial activities you intend to run as part of your business. This may include a license to run the event, to provide food at the event and even a license to allow you to play background or live music at the event.
Copyright Licence
Using text and images for business and commercial purposes without the appropriate copyright licences may constitute copyright infringement. You can purchase a copyright licence to cover the use of copyright material at businesses. The types of licences you may need include:
- CopyrightAccess Licence (when using print material or online articles throughout the business);
- NewsAccess Licence (digital use of newspapers); and
- ContentAccess Licence (for public relations and marketing).
Registering a Licence
Registration of a licence for a business will depend on the licence type, and which regulatory body issues them. This can range from business registration licences to council permits. The first step in determining a licence will be checking the Business Licence Information Service in your business’ state or territory. There are also council licences required for event planning and commercial activities, such as:
- accommodation;
- film production; and
- roadside vending.
Case Study: Local Cafe
Imagine you are looking to open a new cafe in Sydney. You will first need to register your business name, and obtain an ABN. Depending on the structure of your company, other business registration requirements may apply. You may also want to register a trade mark over your logo and brand to protect your brand and distinguish it from that of other businesses.
When operating a food business, such as a restaurant, cafe, catering business, food van or food manufacturer, you will require a food business licence. Local governments usually manage this licence, granting it upon assessing the suitability of the premises, compliance history, and the applicant’s level of skills and knowledge in providing safe food.
Other licences you may need to consider include:
- Liquor Licence: If you plan to serve wine, beer and spirits, you will need to obtain a liquor licence;
- Dining Music Licence: If you plan to play copyrighted music at your restaurant or cafe, including background music, you will need to obtain this licence; and
- Outdoor Dining Approval: If you plan to use a footpath for dining, you will need to apply for a licence. This licence may impose restrictions on when and how you can set up outdoor dining areas and will depend on the location of your business and the local council’s requirements.
You will also need to consider your requirements for GST registration, any work health and safety requirements relating to people you may employ to help run your café, as well as any necessary consents or licences for upgrading the interior, constructing a fit-out (such as a kitchen), or any other upgrades you may wish to make to the premises where you operate your café.
If you are a company director, complying with directors’ duties are core to adhering to corporate governance laws.
This guide will help you understand the directors’ duties that apply to you within the Australian corporate law framework.
Key Takeaways
To run your business effectively, you will need to understand the business licences you are required to obtain. The specific licences your business needs depend on your business structure, location and industry.
The ABLIS is an invaluable resource for identifying the licences you require. Many licences are industry-specific, such as food businesses or copyright licences, while local councils manage numerous other business licences. It is important to remember that maintaining ongoing compliance with your licences is essential to operating a professional, safe and compliant business.
Licensing regulations can change, so staying informed about updates that can affect your business is crucial to its continued success.
If you have any questions about registering a business licence, our business 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.
Frequently Asked Questions
ABLIS is a comprehensive online tool that helps you find required licences, permits and registrations for your business based on your location, industry and specific business activities.
Yes, licencing requirements often vary between states and territories. You may need separate licences for each location where you conduct business activities.
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