Starting a non-fixed food business

Step 1.Decide where you will prepare the food

At the non-fixed location

Most non-fixed businesses prepare, cook and serve within the non-fixed business e.g. food van or market stall. 

Cooking from home

To cook food from home you must go through the Development Application process to get consent for your home to operate as a fixed food business. See the Starting a Fixed Food Business webpage for more information. 

Cooking from an existing food business

If you have an opportunity to prepare your food from a commercial kitchen, you will need to confirm whether it has consent as a food business. Our Duty Officer can provide you with this information. 

Step 2.Decide where you will operate

Private land

Non-fixed food vendors can operate on private land with the consent of the land owners provided they comply with Section 27A of the State Environment Planning Policy (Exempt and Complying Development Codes) 2008 Section 27A of the State Environment Planning Policy (Exempt and Complying Development Codes) 2008

Public land

This will generally be at markets, to trade at a market, you need to sign up with the event organiser. We also have an approval process for operating on some City managed sites. Contact our Property Section for further information.

Street vending on roadways

Operators who do not set up in a fixed location (on either public or private land), but are constantly on the move and operate solely from public roadways require a Section 68 Approval (Local Government Act 1993). This can be requested through the Food Business Notification Form by selecting ‘roadways’ when asked where the business will primarily be operating.  You can apply for a 1 year or 2 year approval. Fees are applied in accordance with our adopted fees and charges.

Once reviewed we will provide you with a Section 68 Approval. This will include conditions to be met such as where you can trade, how long you can stop before needing to move on again, and how far you need to keep away from existing food businesses.  

Step 3.Appoint a Food Safety Supervisor

Most businesses require a Food Safety Supervisor, however there are some exceptions. For further information go to the Service NSW website.

Step 4.Notify us of your business

You must notify us of your business details using the online form below:

Notification of Food Business form

Once this form has been submitted you will receive a letter or email from us confirming notification of your business.

What if my details change?

You must let us know within 7 days if there is a change of business details such as owner, location, business name, or contact details. The online notification form can be used, just select 'change of details' at the top of the form

Step 5.When can I start operating?

You may start operating once you have received confirmation from us of your food business notification.