Food Licence

“Fixed premises” means a building or other structure, or part of, with a permanent address. For example, a café, takeaway shop, restaurant or similar food business at a permanent location is considered a fixed premise. 

A business providing tables or chairs on public land for outdoor dining requires a footpath dining permit.  

The below sections identify if a food license is required for a Fixed premises. 

Licence Required 

• Combining ingredients to make food for sale, such as cakes, biscuits, jams, sauces, curries, or soups 

• Producing food for wholesale, such as frozen meals or dry mixes 

• Changing food through processes like cutting, peeling, milling, freezing, or cooking 

• Making fresh fruit or vegetable juice on site 

• Bottling or canning items like water, sauces, or preserves 

• Roasting coffee beans 

• Packing unpackaged food (excluding unprocessed produce) for sale, like tea leaves, spices, or confectionery 

• Producing and packaging ice for sale 

• Operating a restaurant, café, bakery, or takeaway outlet 

• Catering for events or functions 

• Providing meals through a motel, bed and breakfast, or hostel 

• Serving food from a mobile food van or vending machine 

• Running a childcare food service or private residential food service (e.g. home-based food business) 

• Only prepackaged food is sold  

• Biscuits or cakes (with no dairy fillings or icings) 

• Dried fruits, nuts, muesli bars, confectionery, chocolates, corn chips, and similar snacks 

• Grinding (but not roasting) coffee beans 

• Selling dry pantry goods like: 

• Tea leaves, coffee beans, cereals, cocoa, spices, dried herbs, grains, legumes, uncooked pasta, oats, flour, edible oils 

• Sweet spreads like jam, honey, peanut butter, and syrups (e.g. golden/maple) 

• Offering drinks such as tea, coffee, soft drinks, or alcohol (Note: Alcohol sales may still require a liquor licence) 

• Selling whole fruits or vegetables 

• Selling plain or flavoured ice (including snow cones and slurpees) 

• production of primary produce, i.e. abattoir or dairy farm 

• Food services operated by government bodies or state schools (e.g. P&C tuck-shops) 

• Preparing food at home to donate to a charity or school fundraiser 

• sale of unpackaged food, not considered to be a meal, by a non-profit organisation, e.g. BBQ sausage sizzle 

• Serving light meals (e.g. toast, cereal, fruit) at a community service or the consumer of the meal helps prepare it. 

• Reheating pre-packaged meals that were made by a licensed manufacturer and served according to their instructions 

A mobile food vehicle is a vehicle used to sell unpackaged food to the public, such as a food truck, coffee van, or food vending machine.

This does not include delivery vehicles used only to transport food from a business to another location (e.g. pizza delivery). 

Food Safety and Licensing Requirements 

All mobile food vehicles must meet the same food safety requirements as fixed food businesses, regardless of their size or how often they operate. This includes: 

• Complying with the Food Act 2006 

• Following the Australia New Zealand Food Standards Code Food Standards Code | Food Standards Australia New Zealand 

• Holding a valid food business licence 

Under the Food Act 2006, a mobile food business can operate in any local government area in Queensland under a single licence issued by one local council. However, councils still have the authority to inspect mobile food vehicles operating in their area and take enforcement action, if required.

If you plan to operate on land controlled and/or owned by a local council (such as carparks, parks, roads, or public spaces), you must contact Councils Local Laws Department beforehand to ensure you meet any local requirements, approvals or conditions of operation. 

Permitted Locations

The best place for Mobile food vans to operate is at organized and approved markets and events.

Mobile food vans that intend to operate on private property may require planning approval from Councils Development and Land Use Team. Contact the team by emailing TownPlanning@mountisa.qld.gov.au or phone 4747 3200 to discuss your specific situation with a town planner. 

Regulated or Restricted Locations

Mobile food vans are not permitted to trade from Council land unless as part of an organized and approved event (e.g. Isa Street Festival, Christmas in the City).

In accordance with the Council's Road Reserve Policy and Local Laws, using Council land and footpaths for temporary events and works may require approval. For example:

• Raffle Tickets and Car Displays (for Sale) on Council Footpath, Carpark or Park
• Mobile Food Vans and Medical Service Vans on Council Footpath, Carpark or Park
• Closing carparks and verge areas adjoining schools and shops for vegetation work’s, fence repairs, shopfront and awning refurbishment

For further information please contact Council’s Local Laws Department on 4747 3200. 

Under the Food Act 2006, mobile food businesses are permitted to operate across Queensland under a single licence issued by one local council. While this licence allows statewide operation, Mount Isa City Council, like all other Queensland councils, retains the authority to inspect mobile food vehicles operating within its area and take enforcement action if required. 

The below sections identify if a food license is required for a Mobile Food Business. 

• preparing and selling food from a vehicle (e.g. Van, truck, trailer) 

• ice cream vans 

• pie vans (smoko truck) 

• mobile snack trucks 

• mobile food trailers 

• domestic water carriers supplying drinking water 

• unpackaged food from a vending machine 

• preparing and selling food from a boat (vessel) 

• coffee or tea 

• slushies 

• pre-packaged food. 

 
The below sections identify if a food license is required for a home-based food business. 

Licence not required

 Note: even though a licence may not be required, these types of businesses must ensure the sale of safe and suitable food and comply with the Food Standards Code | Food Standards Australia New Zealand. This includes the design, construction and fit out of the food premises. For further information regarding the design and fit-out guide for food businesses, please refer to the following link https://www.qld.gov.au/health/staying-healthy/food-pantry/starting-a-food-business/premises-and-equipment/design-and-fit-out

Council will only consider home-based food business applications where the activity involves low-risk food handling, and the domestic kitchen meets relevant food safety, planning, and structural standards. 

The below sections identify if a food license is required for a Temporary Food Stall. 

Licence Required

Handling or selling unpackaged food, including:  

• Only packaged food is handled 

• Only unpackaged snack food is sold, such as muffins, biscuits, popcorn, jerky, nuts, dried fruit 

• Only whole fruit or vegetables are sold 

• The sale of dry goods such as grains, seeds, spices, tea, coffee, spreads, flours, noodles, and non-hazardous syrups or pantry staples unless it forms a potentially hazardous food. The only preparation carried out involves the grinding of coffee beans 

• Selling drinks only, such as tea, coffee, soft drinks, alcohol beverages (a liquor licence may be required)  

• Selling ice or flavoured ice, including snow cones or slurpees 

• Primary produce such as seafood not sold by retail; meat and dairy are produced under an accreditation granted under the Food Production (Safety) Act 2000, part 5. 

If you’re part of a non-profit organisation and planning to prepare or sell food, it’s important to understand when a Food Business Licence is required under the Food Act 2006. 

A non-profit organisation becomes a licensable food business if it sells meals prepared by the organisation at a particular place on 12 or more occasions in a financial year. 

Under the Act, a meal is defined as: 

• Food intended to be eaten by a person while seated at a table (or similar fixed structure) using cutlery; and 

• Of a substantial nature that would ordinarily be accepted as a meal. 

If you're handling food at home and giving it to a non-profit for sale (e.g. baking a cake for a club fundraiser), you do not need a licence. 

Even if a licence isn’t required, safe and suitable food handling practices are still essential, and you must comply with the Food Safety Standards. 

If your non-profit group is planning to operate a temporary food stall (e.g. at a market, fair, or event) and a licence is not required, you must still complete and submit a Non-Profit Organisation - Temporary Food Stall Notification Form. 

The below sections identify if a food license is required for a Not-for-Profit Organisations. 

• Serving meals on 12 or more days in a financial year at the same location  

• Operating a restaurant or café open to the public (eg. Operated by a sporting club to raise funds) 

• Preparing and serving meals at a homeless person’s hostel  

• Preparing meals for programs like Meals on Wheels  

• Operating a mobile food van providing meals at sporting grounds 

• Selling non-meal items such as sausage sizzles, snacks, or drinks 

• Meals consist only of fruit, toast, cereal or similar light food 

• Meals are prepared as part of an educational or training activity (e.g. hospitality class) 

• Meals are pre-prepared by a third party and only reheated or served following the manufacturer’s instructions 

• Handling food at home to donate to a non-profit organisation (e.g. baking a cake for a school fete) 

• Only selling low risk snacks and drinks, such as whole fruit or vegetables, cordial, juice, milk, milo, chips, nuts, dried fruit, shelf-stable cakes, muffins, biscuits (no fresh cream or custard).