Environmental health

Food businesses whether operating from a fixed location (e.g. café, restaurant) or a temporary location (e.g. food stall or food truck) need to be registered with the local government in which they are based. For temporary or mobile food premises this means the local government in which the food truck or stall is garaged/stored. To be eligible for registration you must meet the requirements of the local government in which you are located.

Charities may be exempt from food business registration requirements as well as operating fees. Please contact the City for further information.

Yes. You will need to complete a temporary food vendor application form. Along with your completed application form you will need to submit -

• Copy of your Food Act registration certificate (Not your ASIC business name certificate);
• Copy of your public liability insurance policy certificate of currency;
• Application fee (fee and payment options are specified on the application form); and
• Any other information specified in the form.

Provided your application and supporting documentation is satisfactory, a permit will be issued on or before the date of the event following an inspection of your stall/truck by an officer of the City.

The following City of Perth fees apply to fixed location food businesses in the City of Perth -

• Registration fee (once off) $97
• Annual Surveillance fees charged quarterly pro rata $268-$515 (depending on risk classification)
• Pre-settlement desktop inspection fee $97

Firstly the City recommends you engage a competent settlement agent at the outset of business negotiations to ensure a smooth as possible business handover. If you purchase a food business you will need to obtain a new food business registration rather than simply transferring the existing registration over. As annual surveillance (inspection) fees apply to the operation of food businesses in the City, you should factor in start-up fees in the range of $97. Please note that surveillance fees are charged pro rata on a quarterly basis.

In addition to a standard 'settlement report', a food business purchaser (and sellers for that matter) have the option of requesting a ‘pre-settlement’ desktop audit of a food business (fees apply). This is an effective way to either demonstrate compliance to prospective buyers or remedy existing issues prior to handover. If you are considering structural or layout changes to a newly purchased food business, it is recommended that you contact the City for advice prior to commencing work.

Any person wishing to prepare food for sale in a residential setting must first obtain approval from the City. Although applications are assessed on a case by case basis, the City generally only permits the preparation of plain biscuits, plain cakes and normal sugar content jams and preserves. High risk or potentially hazardous foods are not suitable for home preparation if intended for sale. The City may require applicants to undergo food safety training and / or comply with other conditions prior to approval.

The City's Health Local Laws require persons wishing to keep poultry (as well as pigeons or doves) to first gain written approval from the City. Applications to keep poultry are to be made in writing and are to include a plan illustrating the size of the proposed enclosure, and the number of poultry proposed to be kept. Applications are required to be determined by Council. Please note that roosters are not permitted to be kept due to noise considerations.

Applications will not be approved unless the following minimum requirements can be clearly demonstrated:

1. adequate land area ensures that no poultry is able to approach within 15 metres of a dwelling house, public building or premises where people are employed or where food is stored, prepared, manufactured or sold;
2. no poultry is able to approach within 18 metres of a street other than a right of way.
3. all poultry must be kept in a properly constructed and securely fastened structure or enclosure; and
4. the structure or enclosure is in a yard having an otherwise unobstructed area of at least 30 square metres

Bee keeping is permitted in the City of Perth in accordance with the following requirements –

• A maximum of 2 hives may be kept on residential lots;
• More than 2 hives may be kept on 'non-residential' lots with written consent from the City;
• A permanent and adequate supply of water is to be provided within 10m of the hives on the lot;
• Hives are to be enclosed on all sides by a fence, wall or other enclosure;
• Bees/hives are not to cause a nuisance to nearby properties.

Bee keepers are required to register with the Department of Agriculture WA. More information on registering can be found on the Department's website. Bees swarms occasionally establish themselves in domestic settings such as letterboxes, eaves, sheds etc. An up to date list of swarm collectors registered with the WA apiarist's society is available on their website.

Noise from construction work is generally considered acceptable between the hours of 7am – 7pm Monday to Saturday. Under certain circumstances, construction work may have to be carried out outside of 'normal' hours due to site specific issues, traffic considerations etc. In assessing applications for out of hours construction work, the City considers factors such as - proximity of noise sensitive premises to the construction site; proposed duration of works; predicted onsite noise levels and the reason for out of hours works. Where the City approves out of hours construction work, it generally requires a noise management plan setting out noise control and monitoring measures as well as notification of noise sensitive premises near the construction site prior to works.

Smoking is not permitted in the following public places in the City of Perth -

• enclosed public places*;
• outdoor eating areas;
• Hay Street and Murray Street pedestrian malls;
• Forrest place;
• within 10m of playground equipment;
• any other place designated as 'no smoking'.

* A public place is an enclosed public place if it has a ceiling or roof and is greater than 50 per cent enclosed by walls, or other vertical structures or coverings.

Owners/proprietors of food/beverage premises or otherwise publicly accessible venues are liable for smoking that occurs on their premises (i.e. are subject to the same penalties as the smoker) and must take reasonable steps to prevent smoke from entering their premises from outside. Liquor licensed premises (other than those covered by a 'restaurant' licence) may set aside a 'smoking zone' within an outdoor eating area provided certain conditions are met.

For comprehensive information relating to smoking legislation in WA as well as access to no smoking signage and educational materials, visit http://ww2.health.wa.gov.au/Articles/S_T/Smoking-in-enclosed-public-places.

The definition of 'public building' under the Health (Miscellaneous Provisions) Act 1911 includes 'places' as well as buildings. An outdoor concert for example is considered a 'public building' under the Act despite not being held inside a building per se.

Public buildings including events are required to undergo a special approvals process under the Act and associated Health (Public Buildings) Regulations 1992. The City typically requires a suite of documentation to accompany applications for events including comprehensive risk and emergency management plans.

As part of the approval process, the City imposes a variety of conditions on events to ensure the safety and health of event patrons is prioritised and the impact of the event on surrounding areas is minimised. For some events, the City may impose a 'cap' on the number of persons allowed inside the event in the interests of patron comfort and safety.