Temporary food stalls are an important feature at many festivals, fetes and markets. Temporary food stalls can pose a higher risk to consumers than restaurants due to their temporary nature. Therefore it is important to ensure your stall is setup and operating in compliance with the Food Safety Standards.
Who requires a Temporary Food Stall Licence?
Any person or company who sells unpackaged food by retail at a stall of a temporary nature; examples include BBQ, hot chips or hot dog vendor.
Who does not require a Temporary Food Stall Licence?
Non-profit organisations have a number of exemptions under the Food Act 2006 which have been provided so they can continue selling food at fundraising events. For further information read below or visit our Non-Profit Organisation site.
Other exemptions from licensing for temporary foods stalls include:
- The sale of unpackaged snack food that is not potentially hazardous including:
- Corn chips or potato chips
- Biscuits or cakes (however the business where the biscuits/cakes are made needs to be licensed)
- Dried or glazed fruit
- Sale of whole fruit or vegetables
- Sale of seeds, spices, dried herbs, tea leaves, coffee beans or ground coffee
- Grinding of coffee beans
- Sale of drinks, other than fruit / vegetable juice processed at the place of sale (i.e. tea or coffee, soft drinks, alcoholic drinks)
- Sale of ice including flavoured ice such as snow cones or bags of party ice
- Provision of meals by a non-profit organisation if:
- The meal consists only of fruit, cereal, toast, or similar food, or
- The consumer of the meal helps to prepare it.
- Sale of unpackaged food, not considered to be a meal, by a not-for-profit organisation, e.g. BBQ sausage sizzle.
- Provision of a meal prepared by a non-profit organisation as part of an educational or training activity conducted by the organisation involving food preparation, hospitality or catering.
Even though a licence may not be required, you still have a responsibility to ensure the sale of safe and suitable food and an obligation to comply with the Food Safety Standards. This includes the design, construction and fit out of your premises.
Applying for a Temporary Food Stall Licence
If you are intending on conducting a temporary food stall you will be required to complete a Application for Temporary Food Stall Licence and return the completed application with the appropriate fee to council.
The applicant for a licence must be a legal entity (e.g. a person or company). A business name or trading name is not a legal entity and cannot be the licence holder.
Applications can be granted for individual events or for six or 12 months.
The application must be submitted with copies of the layout of your stall as well as include your Food Safety Supervisor details.
For guidance on how your temporary food stall should be designed and constructed refer to our Temporary Food Stall Guide.
Please ensure your application is submitted at least seven days before the event to allow time process the application.