Operating a food business in Port Stephens

Our Council plays an important role in maintaining food safety in Port Stephens by:

  • conducting food safety inspections of local food businesses to ensure compliance with relevant food safety legislation
  • food safety education initiatives
  • investigating of food-related complaints.

Starting a new food business

Before starting a food business, you must understand the health, safety, planning, and environmental regulations. To make sure you're on the right track, we recommend you speak to our team at 02 4988 0255.

For further details, visit Food Authority NSW.

Taking over an existing food business?

If no structural changes are needed, submit a Business Registration Form.

If structural changes or a new fit-out are required, you must lodge a Development Application. If you need help please to our team at 02 4988 0255.

Starting or selling a food business?

Notify Council by completing the Business Registration Form.

Operating a food business

There are many publications and websites to help you operate your food business safely:

Operating a Mobile Food Vending and Food Stall Holders

In order to operate a Mobile Food Vending (MFV) or Food Stall in Port Stephens, you must complete a Business Registration Form and pay a one-off registration fee in accordance with Council's schedule of Fees and Charges.

Business Registration grants approval for the operation on private land (under clause 3.2.2 of the Australia New Zealand Food Standards Code) or as part of a market or event on public land (under section 68(F)(7) of the Local Government Act 1993 (NSW)).

Please note – NSW Food Laws require food businesses in NSW to notify the Local Council of their food activity details or change of ownership or business name, before commencement of operations. Businesses that do not notify face possible fines under the NSW Food Act 2003.

The business will be subject to ad-hoc inspections to ensure compliance with relevant legislation and food safety standards. A fee for service is applicable in accordance with Council's schedule of Fees and Charges.

Frequently asked questions

Yes. Obtain permission from the event organiser, who will notify Council. If your Mobile Food Vendor (MFV) or Food Stall business is not yet registered with Port Stephens Council, complete the Business Registration Form.

Holding or Managing an event on:

  • Council-owned or managed land: Submit an Event Licence Application Form which includes providing details of the food business operating at your event. Mobile Food Vendor (MFV) or Food Stall business who wish to operate at events in Port Stephens, must register their business with us via our Business Registration Form, if they aren’t already registered. Contact the Events team at 02 4988 0255 or events@portstephens.nsw.gov.au.
  • Private land: Contact our Planning team at 02 4988 0255 to make sure the event and location is permissible and guide you through the process.

If you require an inspection of your mobile food vehicle to register with another Council  you can request this by contacting the Compliance Team on 02 4988 0255 or compliance@portstephens.nsw.gov.au. A fee for service is applicable in accordance with Council's schedule of Fees and Charges.

Notify our Environmental Health team of any changes to your business so that your details can be updated on our register. Simply email compliance@portstephens.nsw.gov.au or phone 02 4988 0255.

As a general guide, the correct temperatures for potentially hazardous food are:

  • 5°C or below for cold food
  • 60°C or above for hot food.

More detailed information can be found on the Department of Primary Industries website.

Outdoor dining

Offering outdoor or footway dining is great way to expand your business and bring life to our streets. It's important to get approval to place chairs and tables on a Council owned road reserve to regulate the impact on pedestrians and road-users in order to keep the community safe.

If you want to place tables and chairs outside you business, complete a Footway dining application and attach supporting documentation. If approved, you will be issued with a licence plate to display on the shop front window. (This application excludes A-frame sandwich boards and clothing racks — for more information , please see the temporary footpath advertising page)

Casual street stalls

Casual street stalls are used by charity organisations and locals in the community to sell goods and services for the purpose of promoting and raising funds for a not for profit organisation.

If you want to apply for a Casual street stall, complete the application and attach supporting documentation.

The following pre-approved locations have been assessed by Council for Casual street stall approval:

Nelson Bay Area
  • Corner of Stockton St & Victoria Parade
  • In front of Post office
  • Stockton Street Stage Area
  • 97 Magnus Street (In front of Post Office)
Raymond Terrace Area
  • 36 William Street (Newcastle Permanent)
  • The grassed area outside of Centro