Operating food business

Setting up a new food and drink business

If the potential shop is not already a food and drink business, you will need approval for the change of use.

This can be obtained either through a DA or CDC. 

You will need to apply for a DA if:

  • Your food and drink business has a capacity for more than 50 seats, is a pub, a small bar, an artisan food and drink industry, or food will be cooked by barbecue or charcoal methods.
  • The new use causes the contravention of any existing condition of the most recent development consent (other than a complying development certificate) that applies to the premises relating to hours of operation, noise, car parking, loading, vehicular movement, traffic generation, waste management or landscaping.
  • The premises is listed as a heritage item.

Visit our DA page for a step-by-step guide to preparing and lodging a DA.

Visit our complying development page for information relating to applying for a CDC.

The construction and fit-out of the food and drink premises must comply with Australian Standard 4674 – 2004 Design, Construction and Fit-out of Food Premises. The Design and Fit Out Guide for Food Businesses(PDF, 781KB) may assist in understanding what the construction standards require.

If you would like to set up a waste and recycling collection service for your business, Council can organise a collection schedule to meet your business needs. View Council's commercial waste services.

Once you have set up your new food and drink business, fill in the online form below:

Food business notification online form

Taking over an existing food and drink business

Your business will need to operate according to the approval, issued either by Council or a certifier, for the business you are taking over. If you are intending to carry out alterations, additions and/or change business hours, approval will be required either through a development application (DA) or a complying development certificate (CDC).

Confirm the conditions of approval for the food and drink business prior to the purchase or signing of an agreement. Information can be obtained from the seller, agent or Council. You may also wish to request from the business owners a copy of their most recent Council food premises/health inspection report to confirm the level of compliance with current health standards.

Other considerations:

  • If the business you are taking over has an existing waste and recycling collection service with Ku-ring-gai Council or another company, confirm that the service has been cancelled.
  • If you would like to set up a waste and recycling collection service for your business, Council can organise a collection schedule to meet your business needs. View Council's commercial waste services
  • Other services you may need to continue/arrange include grease trap pump outs, kitchen exhaust filter and hood cleaning and pest control treatments.
  • When you take over an existing food and drink business, you must fill in our online food business notification form.
  • Most food businesses are also required to have at least one trained Food Safety Supervisor (FSS). For further information about Food Safety Supervisors refer to the NSW Food Authority website.
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