Outdoor eating area permit

According to the Trading in Public Places Local Law 2008, Outdoor Eating area means an outdoor eating facility or establishment on any part of the a public place in which furniture is provided for the purpose of the supply of food or drink to the public or the consumption of food or drink by the public, but does not include such a facility or establishment on private land.

You can conduct an outdoor eating area on the footpath area in front of your premises providing it is operated in conjunction with an approved food business (such as a café or restaurant) and you may extend this outdoor eating area in front of the adjacent tenanted business, if you have obtained permission from the owner of the business. You may also extend the outdoor eating area in front of an adjacent vacant business, if you have obtained permission from the owner of the tenancy.

Before you start your application, there are a few requirements you need to be aware of, including:

• You will need public liability insurance with a minimum of $10 million coverage that specifically includes using the footpath for this type of activity (you need to upload your Certificate of Currency as part of your application so please make sure you have this with you);
• Outdoor eating areas located on the footpath must be located either within the frontage or kerbside zone (see Figure 1. below);
• Outdoor eating areas associated with a COVID-19 Temporary Parklet must adhere to the COVID-19 Temporary Parklet Guidelines;
• A minimum 1500mm continuous clear pathway for pedestrians must be provided;
• Frontage zone only if the speed limit on your road is 60km/per hour or more, if your business is on Charles Street and/or you are located within 10 metres of a corner);
• All items you place on the footpath for your outdoor eating area (tables, chairs, pot plants etc) must be removed from the footpath at close of business each day;
• Does not obstruct the visibility or clear sight lines of any person at an intersection of thoroughfares; and
• Does not impede pedestrian access.

If you meet the above requirements then you can continue with the online permit application.

Apply

New Food Safety Standards for Businesses

New requirements are being introduced across Australia to improve food safety and prevent foodborne illness in the community. You will need to comply with the new requirements by 8 December 2023.

Why is there a new standard?

Poor food handling can cause outbreaks of foodborne illnesses, which can result in avoidable hospitalisations, loss of revenue and reputational damage to food businesses.

This new standard has been introduced to reduce foodborne illness by ensuring food is handled safely by food handlers with adequate skills, knowledge and supervision.

Will my business be impacted by the new standard?

Food businesses that handle unpackaged, potentially hazardous and ready-to-eat foods will need to comply with the new standard requirements by 8 December 2023. Your business will either be ‘category one’ or ‘category two’ depending on its activities.

Category one examples - Restaurants, cafes, bakeries, fast food outlets, mobile food vans, hospitals and aged care, child care and school canteens.

Category two examples - Delis, some supermarkets, some service stations, seafood retailer, some market stalls, some convenience stores and some butchers.

To find out whether your business will be impacted, visit Department of Health website

The City’s Environmental Health Officers can also provide advice on how to comply with the new standards. Contact the Health Services Team on 9273 6000 or mail@vincent.wa.gov.au

What is required?

Some food businesses will be required to implement food safety management tools. These tools include:

1. Food safety supervisors: You will need to appoint a food safety supervisor for your business. This is someone within your business who needs to be trained and certified under the new standard, and reasonably available to advise and supervise the food handlers.
2. Food safety training: Your food handlers will need to show they have had food safety training. The City provides free FoodSafe® Online training to our local businesses.
3. Show you are managing key food safety controls: You will need to keep records of important food safety controls or be able to demonstrate safe food handling practices.

Learn more about the standards

To help you to understand what you need to do to meet the new requirements visit Department of Health website.

• Food Safety Management Tool Infographic – a visual guide with an overview of the types of businesses involved
• Food Safety Management Tool Factsheet – a summary of the new food safety management tools
• Food Safety Management Tool Guide – with more information and resources

FoodSafe® Access

To access FoodSafe® click the following link and enter the code:

Link to Food Handling Course

Code to enter: FSVINCE353

If you have any questions, contact the Health Services Team on 9273 6000 or mail@vincent.wa.gov.au

FoodSafe^® Training for Handlers

The City of Vincent is committed to assisting our food business community in meeting their obligations under the Food Act 2008 and Food Standards Code. Every food business and food handler is required to have suitable knowledge of health and hygiene requirements and also apply safe food handling practices.

The City, in conjunction with Environmental Health Australia (EHA), is offering our registered businesses and community group’s FREE access to the FoodSafe^® online food handler training course. This self-paced program will assist food handlers in developing the skills and knowledge required to ensure food is handled in a safe and hygienic way.

A printable certificate is available upon successful course completion.

We encourage all businesses owners and food handling staff to complete the course and display the certificate, so your patrons can see your demonstrated commitment to ongoing food safety and handler hygiene.

FoodSafe® Access

To access FoodSafe® click the following link and enter the code:

Link to Food Handling Course

Code to enter: FSVINCE353

For any technical issues, please contact Environmental Health Australia (WA) directly.

Course Preview

More Information

Contact Health Services on 9273 6000 or mail@vincent.wa.gov.au

Mobile Food Vendors

ONE-OFF AND ANNUAL FOOD STALLHOLDER / VAN PERMIT APPLICATIONS

Mobile and temporary food vendors are welcome to trade at events at the City of Vincent. To apply please complete our application form and send it to the Event Organiser who will pass it on to the City.

Food vendors can apply for either a one-off event specific permit, or an annual permit that allows you to trade at two or more occasions at any approved event in the City per financial year!

Please see our application form and guidelines for further information on how to apply.

Resources

One-off and Annual Food Stallholder / Van Permit Application form

Temporary and Mobile Food Premises Guideline

FoodSafe® Access

To access FoodSafe® click the following link and enter the code:

Link to Food Handling Course

Code to enter: FSVINCE353

Liquor Licenses

Liquor licences are issued by the Department of Local Government, Sport and Cultural Industries (Liquor Licensing Directorate). The Department usually will ask for comment from both the City of Vincent and WA Police on new liquor applications, changes to existing liquor licences or if an occasional liquor licence is applied for. 

Section 39 Certificates

For the the granting or removal of a licence, the altering or redefinition of a venue, an application for an alfresco area or applications for 'liquor without a meal' permits, the Department will request the applicant submit a Certificate of Local Government Authority under section 39 of the Liquor Control Act 1988 (commonly referred to as a section 39 certificate). This assesses compliance with the :

• Health (Miscellaneous Provisions) Act 1911
• Food Act 2008
• Building Act 2011
• Local Government Act 1995
• or any written law applying to the sewerage or drainage of those premises.

An application for a section 39 certificate can be downloaded below:

Section 39 Certificate Application

Your application will be allocated to an Environmental Health Officer and Building Surveyor for assessment. An inspection of the premises will be required to assess health compliance. Please note that the premises fit-out must be completed in full for an inspection to be undertaken.  

All requirements must be satisfied before a section 39 certificate can be issued.

Section 40 Certificates

The Department may also request a section 40 certificate be submitted to determine compliance with any planning laws and schemes. 

To download the application form please visit the following webpage, and select the planning application forms drop down:

For more information on liquor licensing, please visit the Department of Local Government, Sport and Cultural Industries webpage:

Liquor Licencing Directorate

Starting a new food business? Check out our guidelines!

Please check out our guidelines for starting a new food business. This guideline steps out the approval process, outlines the requirements for construction of a food business and helps connect you with the people and teams you need to talk to!

Please review these guidelines first and if you have any questions about your business you are welcome to contact the City's Health Services team at 9273 6000.

We are also able to provide general written advice to make sure you are on the right track - please send an email to mail@vincent.wa.gov.au with your question and the address, and we will be happy to help.

What are the requirements to operate a food business?

The Food Act 2008 specifies the notification and registration requirements, definitions of a food business and what is considered food for sale, amongst other things. It is the principle legislation governing food businesses in WA. Most food business are required to be registered with the City, however there are some exemptions as listed below:

• The food business is conducted to raise money solely for purposes that are of a charitable or community nature and any food handled is not potentially hazardous food or after being appropriately cooked, is provided by the food business for immediate consumption (e.g. sausage sizzles).
• If the food business consists solely of selling food that is not potentially hazardous food and that cannot be handled because the food is contained in a closed package (e.g. newsagents or chemists selling packaged confectionery).
• If the food business consists solely of providing complimentary drinks in conjunction with another business conducted at those premises that is not a food business (e.g. hairdressers); or
• If the food business is a registered establishment (for the purpose of section 109 of the Food Act - these are managed by the WA Department of Health).

The business and premises will need to comply with the Food Standards Code (as adopted by the Food Act 2008) in relation to the standard of food products sold (Chapters 1 and 2) and the Food Safety Standards (Chapter 3). For an explanatory guide to Food Safety Standards (Chapter 3), please refer to Safe Food Australia.

The City's Food Business Guideline is a good start to gathering the information you will need to ensure the premises and business complies. If you require any clarification, please contact an EHO on 9273 6533 to discuss further.

Food Standards Code

Food Safety Standards (Chapter 3)

Safe Food Australia

City of Vincent Food Business Guideline

What applications and information do I need to submit?

Please ensure you follow the new business approval process to ensure you have the relevant planning and building approvals as the first step. For more information visit:

Starting a new business

First, read the above dropdown titled 'What are the requirements to operate a food business?' so you can familiarise yourself with the legislative requirements.

In order for the business to be registered under the Food Act 2008, you will need to submit either a Food Business Notification / Registration Form or a Food Business Notification / Registration Form - Kitchen Hire*. See the Forms dropdown menu below to download the relevant application form.

*If you are hiring a commercial kitchen from Perth Kitchen Hire or are subleasing from an existing registered food business you will need to complete this form as it has additional information that we require in order to assess your application. 

You will also need to provide information such as:

• Scaled floor plans and sectional elevation plans showing the position of all fixtures and equipment including*:
  • information on all wall, floor and ceiling finishes
  • an indication of hot and cold water supply and wastewater services
  • location and details of toilet facilities
  • mechanical exhaust ventilation and grease traps (where applicable)
  • information on bin storage enclosures and wash down facilities
• Sample menu.
• Copy of ABN or ASIC registration.
• Food safety training, qualifications or relevant experience.
• If you are undertaking any other activity in relation to the food business outside of the City, you will need to provide approval/confirmation from the other relevant local governments.
• For manufacturers, see the dropdown titled 'I want to manufacture food for sale. What do I need to do?' for specific information you'll need to provide.
• You may be requested to provide additional information on your processes e.g. cooling and reheating method, to comply with the Food Standards Code.

If you are making any products that contain allergens, please also read the allergens dropdown below for more information on what is required. Free online allergen training is also available.

Your food business will be assessed on it's whole operation from receipt of food from your suppliers; preparation, storage and packaging; transport (if applicable) and through to sale to your customers, whether that occurs wholly within the City, or across another local government area.

It's important that you have documented processes for each step to assist the Environmental Health Officer who is assessing your application.

For general information of food businesses please also visit the following websites:

• WA Department of Health
• Food Standards Australia New Zealand (FSANZ)

I want to hire or sublease an existing commercial kitchen. What do I need to do?

First, read the above dropdown titled 'What are the requirements to operate a food business?' so you can familiarise yourself with the legislative requirements.

In order for the business to be registered under the Food Act 2008, you will need to submit a Food Business Notification / Registration Form - Kitchen Hire. See the Forms dropdown menu to download the form.

You will also need to provide information such as:

• Sample menu.
• Copy of ABN or ASIC registration.
• Food safety training, qualifications or relevant experience.
• If you are undertaking any other activity in relation to the food business outside of the City, you will need to provide approval/confirmation from the other relevant local governments for example storage of food or equipment.
• If you are preparing food in the kitchen and operating a food stall you'll need to provide a stall layout plan and photos of the stall set-up in your backyard or other premises with all equipment (where possible).
• For manufacturers, see the dropdown titled 'I want to manufacture food for sale. What do I need to do?' for specific information you'll need to provide.
• You may be requested to provide additional information on your processes e.g. cooling and reheating method, to comply with the Food Standards Code.

Your food business will be assessed on it's whole operation from receipt of food from your suppliers; preparation, storage and packaging; transport (if applicable) and through to sale to your customers, whether that occurs wholly within the City, or across another local government area.

It's important that you have documented processes for each step to assist the Environmental Health Officer who is assessing your application.

If you are making any products that contain allergens, please also read the dropdown menu on allergens below for more information on what is required. Free online allergen training is also available.

You must be aware that by using a shared kitchen, there may be additional food safety risks associated with sharing fixtures, fittings, equipment and cold and dry storage facilities at the premises. As the proprietor of a food business using a shared kitchen you will need to implement measures, so far as practicable, to mitigate these risks. These risks include, but are not limited to:

• cleaning and sanitising of workstations pre and post use
• allergen cross contamination
• protecting food from contamination (processing, storage and transport)

I want to operate a food van or food stall. What do I need to do?

There are two approval requirements that apply to food stalls and food vans:

1. Registration of the food van or stall 

This is issued under the state Food Act 2008 to the address where the van is to be garaged. If this isn’t within the City then you need to contact the relevant local government. If it is within the City then first read the 'What applications and information do I need to submit?' dropdown section above for the general registration application information.

Where food preparation prior to the event is undertaken in the City, you will need to provide additional information attached to your registration application such as:

• Confirmation from the relevant local government that you have notified them where you will be garaging your food van or storing food stall equipment if this is outside the City.
• Approval from the relevant local government if any other food preparation or storage of food is taking place outside the City (for example if you prepare the food at a premises within the City, then store the food in a freezer/fridge at your home outside of the City, prior to transport to an event/market).
• A detailed layout plan of the food van/stall for assessment.

2. Permit to trade

If you wish to trade within the City, you will need to apply for a permit after you have received your Certificate of Registration (either from the City or another local government). There are two options for permits:

• Trade in a park or reserve - The City has a mobile food vendor policy (Vending Vincent) which only permits trade of food vans in certain parks and reserves. For more information please see the Vending Vincent webpage website and download an application form.
• Trade at an approved event - Alternatively you may trade at an event to be held in the City where the event organiser has given authorisation (we will usually liaise with them to obtain a list of food vendors). You can download an application form from the Forms dropdown at the end of this page.

For more information refer to the following:

City of Vincent Temporary and Mobile Food Premises Guideline

Food Stallholder / Van Permit Application

I want to manufacture food for sale. What do I need to do? 

First, read the 'What applications and information do I need to submit?' dropdown section above for the general registration application information. You will also be required to submit information for each product to be produced such as:

• Full ingredient list.
• Recipe/method including time and temperature controls (Note: Manufacturing secrets and confidential processes are protected from disclosure under Section 142 of the Food Act 2008).
• Labelling including nutrition information panels.
• Evidence of shelf life testing from a NATA accredited laboratory.
• Food recall plan.
• You may be requested to provide additional information on your processes e.g. cooling and reheating method, to comply with the Food Standards Code. 

For more information on assessment of food manufacturers please visit the WA Department of Health website.

If you require information on labelling and nutrition information panels please refer to the FSANZ website which contains a series of User Guides. There is also a nutrition information panel calculator on the FSANZ website.

If you are making any products that contain allergens, please also read the allergens dropdown below for more information on what is required. Free online allergen training is also available.

I am going to be using my residential kitchen. Are there any special restrictions?

First, read the 'What applications and information do I need to submit?' dropdown section above for the general registration application information. In most cases the design and construction of food premises based in a residential setting would only be appropriate for low risk food manufacturing activities, such as:

• jams and marmalades
• flour based products (such as biscuits, scones, buns, shortbread)
• nougats
• fudges
• meringues
• turkish delights
• pickled onions
• chutneys, relishes and sauces (that are heat treated by boiling or cooking)
• herb vinegars (with a pH of less than 4.5)
• dry curry powder mixes and all other spices and mixes (if ingredients are purchased from an approved food business)
• cakes (which do not contain potentially hazardous foods such as cream, or do not require refrigeration, or do not require further food preparation activities such as cake decorating)
• repacking of bulk packaged low risk confectionary products

The above examples will still be subject to assessment by an EHO to determine the risk that may be associated with individual recipes. 

If you are making any products that contain allergens, please also read the allergens dropdown below for more information on what is required. Free online allergen training is also available. 

What about allergens - Are there any legal requirements and is there free training available?

Allergen management is becoming increasingly important with more children and adults developing food-borne allergies each year. The Food Standards Code requires declaration of certain allergens such as peanuts, milk, eggs. 

For more information on allergens, refer to the Food Standards Code User Guide Warning and Advisory Statements and Declarations and the FSANZ allergen labelling website.

Allergen & Anaphylaxis Australia have developed free online training for the food service industry on allergens. Visit the food allergy training website below for more information. 

Free online allergen training

I am purchasing an existing food business. Is there anything I need to do?

It is highly recommended that you request an inspection by an Environmental Health Officer through your Settlement Agent to ascertain the structural status and compliance of the existing fit-out prior to settlement. Please note that the City will require sufficient time to arrange an inspection.

Details of the compliance issues will be sent to the settlement agent and it is up to you whether you ask the seller to correct these issue prior to settlement. If the premises is transferred in a non-compliant state, then you will take on the responsibility for bringing the premises up to standard. 

To apply for a settlement enquiry inspection please submit the Settlement Enquiry/Health Work Order form to mail@vincent.wa.gov.au. You will also need to pay the fee as specified on the form. 

If you will be making any changes to the existing structure of the property or nature of the business will need approval to do so. Speak to an Environmental Health Officer to find out what may be required. You can also refer to the Starting a new business page which covers all City requirements including planning and building approvals. 

Starting a new business