2015-11-10 Infrastructure & Services Committee Agenda

INFRASTRUCTURE & SERVICES COMMITTEE MEETING REPORT                                              10 NOVEMBER 2015


14                       FOOD APPROVAL LICENCE FEES FOR NOT FOR PROFIT ORGANISATIONS
DOCUMENT INFORM AT ION




Author                              Manager Waste and Environmental Health, Wayne Schafer
                                    Community Services Department

Index                               ECM/Subject/Licences/Health Licences

Attachments                         Nil


EXECUTIVE SUMMARY
Not Applicable.

RECOMMENDATION
That Council note the report by the Manager Waste and Environmental Health to the
Infrastructure & Services Committee Meeting dated 10 November 2015 and amend the fees and
charges register for food premise approvals and temporary or annual licensing to provide an
exemption from fees for not for profit organisations operating as a charitable organisation or
undertaking minor food selling operations.

REPORT
The Noosa Rotary Club recently contacted the Council with a request that “Not for Profit”
organisations such as the Rotary Club should not be required to pay for a Temporary Food
Licence in conjunction with the provision of a food stall at events such as the recent Noosa
Classic Car/Hill Climb event held in October. In response to this request, this report has been
prepared on the fees paid by Not for Profit organisations operating food establishments or
temporary food stalls.

1.                       Background Information
a.                       Council donates hundreds of thousands of dollars to not for profit organisations each year
                         to support the good causes that these organisations represent.
b.                       “Not for profit” organisations often operate permanent food premises or temporary food
                         stalls to generate revenue to pay for their operational costs and to provide revenue to
                         support their charitable cause.
c.                       The Food Act 2006 places an obligation upon council to ensure that the sale of food does
                         not pose a risk to the public. This is achieved by reviewing applications for food selling
                         operations, licensing temporary or permanent food premises and inspecting the premises
                         while they are operating to ensure that safe food is being sold.
d.                       The Food Act provides for exemption from the requirement to obtain a food licence for
                         some not for profit organisations, based on the type of food prepared, its risk to the public
                         and the frequency of sales in a year.
e.                       Irrespective of whether fees are charged or a licence is issued, every person or business
                         selling food is obligated under a duty of care to provide safe food. Often the mechanism for
                         ensuring this is through the interaction with Environmental Health Staff when applying for
                         approval.

2.                       What is a Not for Profit Organisation

There is sometimes confusion about the definition of a not for profit organisation. Some unknown
organisations claim to be a not for profit or a charitable organisation. Where the organisation is
unknown to staff, the only mechanism to make the determination is to request the organisation to
provide a certificate from the ATO endorsing they are a charitable organisation.


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