Food Premises Registration: Maribyrnong City Council (Footscray, VIC)
Registering a Kitchen Within an Existing First-Floor Licensed Venue
This report addresses the regulatory requirements for registering a food premises with Maribyrnong City Council, where the kitchen operates within an existing first-floor licensed entertainment venue in Footscray. The proposed menu comprises hot dogs, pizza, toasted sandwiches, cheese plates, and platters — with no deep fryer and no commercial exhaust hood.
1. Food Premises Classification: Class 2
Under the Victorian Food Act 1984, all food businesses must be assigned a risk classification by their local council. The classification system, redeclared via the Government Gazette S 383 (2 August 2022), defines five classes based on the highest-risk food handling activity occurring at the premises.
Why This Venue Is Class 2
The proposed menu involves preparing and cooking unpackaged potentially hazardous food (PHF) — specifically hot dogs, pizza, and toasted sandwiches — for immediate consumption on the premises. According to the Victorian Department of Health food premises class list, food service premises such as bars, pubs, clubs, hotels, nightclubs, and restaurants that process PHFs on-site from raw ingredients (including cooking with time delay before serving, hot or cold holding) are classified as Class 2 (C2).
The class list explicitly includes “bar, café, clubs, hotel, night club, pub, restaurant, tavern, pizza shop” as examples of Class 2 food service premises (health.vic.gov.au).
| Class | Risk Level | Description | Examples |
|---|---|---|---|
| 1 | Highest | Food for vulnerable populations | Hospitals, aged care, childcare |
| 2 | High | Handles unpackaged PHF | Restaurants, bars, cafés, pubs, pizza shops, clubs |
| 3A | Medium | Accommodation getaway food prep; hot-fill preserves | B&Bs, home-based chutneys |
| 3 | Medium-low | Handles unpackaged low-risk food; sells pre-packaged PHF | Convenience stores, greengrocers |
| 4 | Lowest | Pre-packaged low-risk food only; alcohol-only service | Bottle shops, bars serving drinks only |
A venue that only served alcohol (with no food, or only pre-packaged low-risk food) could be Class 4 (health.vic.gov.au). However, once cooking of PHF commences — even limited items like hot dogs and toasted sandwiches — the premises must be classified according to the highest-risk activity, which elevates it to Class 2.
Note: Cheese plates containing unpackaged deli-style cheeses that are sliced, portioned, or served unpackaged also involve handling of unpackaged PHF, further supporting Class 2 classification.
The final classification will be confirmed by Maribyrnong Council’s Environmental Health Officer (EHO) during the registration process (Maribyrnong Council Information Kit).
2. Registration Process, Forms, Fees, and Timeline
Step-by-Step Registration Process
Maribyrnong Council’s Information Kit for New Food Premises outlines the following process:
Step 1 — Contact Business Concierge Council’s Business Concierge is the single point of contact and will guide the application from start to finish. Contact on 03 9688 0200 or email Concierge@maribyrnong.vic.gov.au (Maribyrnong Council).
Step 2 — Develop and Submit a New Food Premises Proposal The proposal must include:
- Type of premises and location
- List of specific foods to be prepared or stored on-site, including a current menu
- Where food ingredients/products will be purchased from (all suppliers must be registered food businesses)
- Proposed food handling and processing activities
- Detailed floor plans of the kitchen layout
Step 3 — Site Assessment (Optional but Recommended) Council recommends requesting a site assessment of the proposed premises before committing to a lease. An EHO will assess the site’s suitability. Council offers a 5-day or 10-day service option for this assessment (Maribyrnong Council Information Kit).
Step 4 — Consult with Other Council Departments The Business Concierge will coordinate consultations with:
- Planning Department — for change of use, building works permits, mechanical exhaust system installation
- Building Department — for building permits, fire safety/essential services, disabled access, toilet requirements
- Traffic & Local Law Department — for parking, footpath items
Step 5 — Apply for Food Act Registration Submit a formal application through the Business Concierge. If registering as a company, provide a Company Certificate and proof that the signatory is a Director.
Step 6 — Final Inspection Contact the assigned EHO for a final inspection to verify all works meet required food standards and the Food Act 1984. Allow at least 2 business days notice. This must be completed prior to opening. Businesses requiring more than one final inspection will incur additional fees.
Step 7 — Obtain Supporting Documentation Before final approval, the following must be in place:
- Food Safety Supervisor nominated (for Class 2)
- Food Safety Program on-site
- Trade waste agreement with Greater Western Water
- All other permits (planning, building) resolved
Fees (2025/26)
The Maribyrnong City Council 2025/2026 Annual Budget sets the following fees:
| Fee Type | Amount (2025/26) |
|---|---|
| New Application — Class 2 (including change of ownership) | $1,425.00 |
| Annual Registration Renewal — Class 2 (up to 10 employees) | $705.00 |
| Annual Registration Renewal — Class 2 (20+ employees, pro rata) | $1,088.00 |
| Extra employees surcharge — Class 1, 2 & 3 | $42.00 per employee |
| Maximum annual fee — all classes | $3,125.00 |
| Fast Track “Front of Line” — Class 1, 2, 3A & 3 | $960.00 |
| Pre-Application Meeting | Free ($0.00) |
| Additional compliance assessment / professional services | $160.00 per hour (GST incl.) |
Registration runs on a calendar year (1 January to 31 December), with renewal invoices issued in November.
Typical Approval Timeline
Maribyrnong Council does not publish a fixed timeline. Based on the process outlined in the Information Kit and common Victorian council timelines:
- Pre-application meeting and site assessment: 1–2 weeks
- Plan review and proposal assessment: 2–4 weeks
- Kitchen fitout and construction: Variable (depends on scope)
- Final inspection and approval: 1–2 weeks after construction complete
- Total (straightforward scenario, existing premises with minimal works): Approximately 4–8 weeks from initial application to registration, assuming no major fitout works are needed and supporting permits are in order
The Fast Track “Front of Line” service ($960) may reduce processing times.
3. Food Safety Supervisor Requirements
Victorian Requirements (Food Act 1984)
Under the Victorian Food Act 1984, Section 19C, all Class 1, most Class 2, and Class 3A food premises must have a nominated Food Safety Supervisor (FSS). Class 3 and Class 4 premises are exempt.
As a Class 2 premises, the venue must appoint a Food Safety Supervisor (health.vic.gov.au).
Federal Requirements (FSANZ Standard 3.2.2A)
Since 8 December 2023, FSANZ Standard 3.2.2A mandates food safety management tools for all category one and category two food businesses across Australia. A venue preparing and cooking PHF for immediate consumption is a category one business, which requires all three management tools:
- Food Safety Supervisor — certified and reasonably available on-site
- Food Handler Training — all food handlers must complete training before handling high-risk food
- Substantiation of food safety controls — documented evidence of critical food safety processes (record-keeping)
FSS Qualification Requirements
The FSS must hold a Statement of Attainment from a Registered Training Organisation (RTO) in the relevant food sector. For hospitality (restaurants, cafés, bars, hotels), the minimum competency standards are (health.vic.gov.au):
- SITXFSA005 — Use hygienic practices for food safety
- SITXFSA006 — Participate in safe food handling practices
These two units are typically delivered together as the SITSS00069 Food Safety Supervision Skill Set (Job Trainer Australia).
| Requirement | Detail |
|---|---|
| Certificate validity | 5 years from date of issue |
| Training provider | Must be an approved RTO |
| Availability | Must be reasonably available to advise and supervise food handlers on-site |
| On-site documentation | Statement of Attainment must be producible on request by an EHO |
| Typical course duration | Approximately 8 hours |
| Approximate cost | $100–$200 |
Food Safety Program
As a Class 2 premises, the venue must maintain a written Food Safety Program (FSP) on-site at all times. This can be obtained via:
- Council-provided template
- FoodSmart — the Department of Health’s free online tool
- Standard template for Class 2 retail and food service businesses
The FSP must cover receiving, storing, processing, displaying, and transporting potentially hazardous food, as well as cleaning and sanitising procedures (health.vic.gov.au).
Class 2 premises are subject to regular food safety audits/assessments by Council, typically at least once per registration period.
4. Liquor Licence and Food Service: Additional Obligations
Existing Liquor Licence Implications
Since the venue already holds a liquor licence, adding food service does not require a new liquor licence application. However, several obligations arise:
Food Act Registration is Required Independently of the Liquor Licence. Maribyrnong Council explicitly states that “an environmental health permit will also be needed from Council as Alcohol is a ‘Food’ product that requires processes for safe handling, storage and service” (Maribyrnong Council). The food premises registration is a separate requirement from the liquor licence.
Liquor Licence Type May Affect Food Service Obligations. The type of liquor licence held determines certain conditions:
-
Restaurant and Café Licence: Requires that the “predominant activity carried out at all times on the licensed premises must be the preparation and serving of meals” with seating for at least 75% of patrons and no loud live or recorded music after 11pm (Victorian Government). This licence type is unlikely to be what the existing venue holds if it is primarily an entertainment venue.
-
On-Premises Licence: Allows selling alcohol without being required to serve meals. Suits bars, nightclubs, concert venues, and function venues (Victorian Government). This is the most likely licence type for a live entertainment venue.
-
General Licence: Covers pubs serving alcohol both on-site and for takeaway (Sprintlaw).
If the existing licence is an On-Premises or General licence, adding food service does not create a conflict — these licence types do not restrict food service. However, if any conditions on the existing licence specifically reference the type of activity conducted (e.g., “bar” only), a licence variation through Liquor Control Victoria (LCV) may be warranted to ensure the food service component is properly reflected.
RSA Requirements Continue to Apply. All staff serving alcohol must hold a valid RSA certificate. Licensees of late-night licences must also complete the Advanced RSA course (Music Victoria Best Practice Guidelines).
Red Line Plan. If the kitchen or food service area extends the operational footprint of the venue beyond the current red line plan on the liquor licence, a variation to the licence with an updated red line plan may need to be lodged with LCV (Victorian Government).
5. Planning Permit and Change-of-Use Assessment
Major Recent Change: Clause 52.27 Deleted (1 July 2025)
Amendment VC286, gazetted on 1 July 2025, deleted Clause 52.27 (Licensed Premises) from all Victorian planning schemes. A planning permit is no longer required specifically for the sale and consumption of liquor (Russell Kennedy, Victorian Government, Business Victoria).
This means the previously required cumulative impact assessment under Clause 52.27 and Maribyrnong’s local policy at Clause 22.08 (Licensed Premises Policy, introduced by Amendment C141 in 2018) no longer applies to new liquor licence applications.
Does Adding Food Service Trigger a Planning Permit?
Even with Clause 52.27 removed, a planning permit may still be required depending on the zoning and existing use rights of the premises. The key question is whether the current planning permit or use classification for the venue already accommodates food preparation and service.
Scenario Analysis:
| Current Use Classification | Adding Food Service | Planning Permit Likely Needed? |
|---|---|---|
| ”Bar” or “Tavern” (drinks only) | Adding kitchen for hot food preparation | Possibly — may constitute a change from one land use to another (e.g., “Food and drink premises” subcategory change) |
| “Hotel” or “Tavern” (already includes food) | Adding kitchen | Unlikely — already within permitted use |
| ”Place of Assembly” or entertainment venue | Adding food service | Possibly — depends on zone provisions |
Under the Maribyrnong Planning Scheme, Footscray is largely covered by the Activity Centre Zone (Schedule 1), introduced by Amendment C125 in 2015 (Maribyrnong Council). This zone generally encourages a mix of uses including food and drink premises.
Practical Guidance:
The Maribyrnong Council Information Kit lists the following matters requiring consultation with the Planning Department:
- Obtaining a permit for a proposed use of a building/area
- Obtaining a permit for change of existing use of a building/area
- Installation of a mechanical exhaust system
- If you are wishing to sell/serve liquor (now largely superseded by VC286)
The Business Concierge service (03 9688 0200) will coordinate this assessment and confirm whether a planning permit amendment is needed for your specific property.
Building Permit Considerations:
A building permit may be required if the occupancy classification of the building changes. Adding a commercial kitchen to a venue classified as a “place of assembly” (Class 9b under the Building Code of Australia) may require assessment by a Building Surveyor, particularly regarding:
- Fire safety and essential services
- Disabled access requirements
- Toilet facilities (number of WCs, urinals, hand wash basins)
- Structural adequacy for kitchen equipment
6. Specific Requirements for Food + Alcohol + Live Entertainment
Venue Management Plan
If the venue’s liquor licence was granted with conditions requiring a Venue Management Plan (which is common for venues with live or amplified music), adding food service may necessitate updating this plan. LCV requires a venue management plan for premises with live or amplified music (Victorian Government — On-Premises Licence).
Noise and Amenity
Maribyrnong Council’s licensed premises policy (Clause 22.08) focused on managing cumulative impacts of licensed premises, including noise, anti-social behaviour, and amenity (Maribyrnong Council — Amendment C141). While Clause 52.27 has been deleted, councils retain enforcement powers over existing planning permit conditions, and amenity concerns can still be raised through the liquor licensing process (Russell Kennedy).
Adding food service is generally viewed positively from an amenity perspective — it can reduce alcohol-related harm by encouraging food consumption alongside drinking (Music Victoria Best Practice Guidelines).
Smoke-Free Dining
Smoking is prohibited in all outdoor dining or drinking areas of licensed premises in Victoria under the Tobacco Control Act 1987. If the venue has outdoor areas where food is served, these must be smoke-free (Music Victoria Best Practice Guidelines).
Trade Waste Agreement
A trade waste consent from Greater Western Water is mandatory for any food business that produces wastewater. This includes restaurants, cafés, and commercial kitchens. The application requires a site layout plan and details of wastewater treatment (Greater Western Water).
Application processing fees range from $95.34 to $2,635.96 depending on complexity and risk (ABLIS — Trade Waste).
Maribyrnong Council will not grant final Food Act registration without a trade waste agreement in place.
Exhaust Hood / Ventilation
The proposed operation has no deep fryer and no commercial exhaust hood. Under the Food Standards Code Standard 3.2.3 and Australian Standard AS 1668, the requirement for mechanical exhaust ventilation depends on the type of cooking equipment used.
Equipment that typically does not require a Type I exhaust hood includes (GoFoodservice):
- Commercial toasters and panini/sandwich grills
- Hot dog roller grills
- Microwaves
- Holding cabinets and steam tables
Equipment that does require a Type I hood includes conventional pizza ovens, gas ranges, and deep fryers.
If the kitchen uses only toasters, panini presses, hot dog grills, and microwave/rapid-cook ovens (for pizza), a mechanical exhaust hood may not be required — but this must be confirmed with:
- Maribyrnong Council’s EHO during the pre-application assessment
- The Building Department (as exhaust installation may require a building permit)
Ventless cooking equipment (with built-in filtration systems meeting UL 710B standards) is an option if any cooking equipment would otherwise trigger an exhaust hood requirement.
Building Code Classification
Most licensed premises providing live music entertainment are classified as Class 9b buildings under the Building Code of Australia, requiring fire safety equipment and disability access and facilities (Music Victoria Best Practice Guidelines). Adding a kitchen does not change the overall building classification but may trigger a building permit for internal works.
Summary: Action Checklist
| Step | Action | Contact/Resource |
|---|---|---|
| 1 | Contact Maribyrnong Business Concierge | 03 9688 0200 / Concierge@maribyrnong.vic.gov.au |
| 2 | Request a pre-application meeting (free) | Business Concierge coordinates |
| 3 | Prepare food premises proposal (menu, suppliers, floor plan) | Information Kit (PDF) |
| 4 | Confirm classification (likely Class 2) with EHO | Environmental Health: foodhealth@maribyrnong.vic.gov.au |
| 5 | Consult Planning Department re: change of use | 03 9688 0200 / urbanplanning@maribyrnong.vic.gov.au |
| 6 | Consult Building Department re: kitchen works / exhaust | 03 9688 0200 |
| 7 | Apply for trade waste consent | Greater Western Water |
| 8 | Obtain Food Safety Supervisor certification (SITSS00069) | Any approved RTO (~$100–$200, ~8 hours) |
| 9 | Prepare Food Safety Program | FoodSmart (free) |
| 10 | Lodge Food Act Registration application ($1,425) | Via Business Concierge |
| 11 | Final EHO inspection | Allow 2+ business days notice |
| 12 | Review existing liquor licence conditions with LCV | Liquor Control Victoria — 1300 182 457 |
Key Legislation and Resources
| Resource | Link |
|---|---|
| Food Act 1984 (Victoria) | legislation.vic.gov.au |
| Food Standards Code (FSANZ) | foodstandards.gov.au |
| Standard 3.2.2A — Food Safety Management Tools | foodstandards.gov.au (PDF) |
| Victorian Food Business Classifications | health.vic.gov.au |
| Food Premises Class List (Detailed) | health.vic.gov.au |
| Food Safety Supervisors (Victoria) | health.vic.gov.au |
| FoodSmart — FSP Template | health.vic.gov.au |
| Maribyrnong New Food Premises Information Kit | maribyrnong.vic.gov.au (PDF) |
| Maribyrnong Business Permits Overview | maribyrnong.vic.gov.au |
| Maribyrnong Licensed Premises Checklist | maribyrnong.vic.gov.au (PDF) |
| Maribyrnong 2025/26 Fee Schedule | maribyrnong.vic.gov.au (PDF) |
| Amendment VC286 — Clause 52.27 Deletion | Russell Kennedy |
| Planning Changes and Liquor Licensing (LCV) | vic.gov.au |
| Liquor Control Victoria — On-Premises Licence | vic.gov.au |
| Liquor Licence Variation Kit (PDF) | vic.gov.au |
| Greater Western Water — Trade Waste | gww.com.au |
| Music Victoria — Best Practice Guidelines for Live Music Venues | musicvictoria.com.au (PDF) |
| Declaration of Classes — Government Gazette S 383 | gazette.vic.gov.au (PDF) |
| Maribyrnong Planning Scheme | planning-schemes.app.planning.vic.gov.au |