Business Regulations

Council’s new Local Laws introduced in July 2012 provide separate requirements for each type of accommodation. The Local Laws have been established to ensure that residents and visitors have access to accommodation which meets high standards in public health, safety and amenity.

Each of the following require an approval from Council to operate and compliance with the specified Local Law.

Subordinate Local Law 1.6 (Operation of Camping Grounds) 2012 – tent accommodation only is accepted on site.  If caravans are permitted then SLL 1.8 listed below applies.  

Subordiante Local Law 1.8 (Opertion of Caravan Parks) 2012 - the requirements under this Local Law are to assist with a pleasant experience at all local caravan parks.  This includes guidelines for minimum amenities based on site numbers, distances from other sites and the amenities as well as maintenance of the facilities.

Subordinate Local Law 1.11 (Operation of Rental Accommodation) 2012 – this local law includes accommodation provided for backpackers, bed and breakfasts, workers camps, hotels that provide backpacker type accommodation, boarding houses, hostels, farm stays and the like.

This local law does not apply to the following premises:

• a residential tenancy under a residential tenancy agreement;
• public housing as defined in the Sustainable Planning Act 2009;
• motel;
• hospital, nursing home or other institution where people are cared for on a live in basis;
• accommodation located within, or as part of, an education facility, boarding school or religious institution;
• a resident providing accommodation for immediate family members;
• A community title scheme under the Body Corporate and Community Management Act 1997;
• A private home in which accommodation is provided for not more than 2 boarders
• family members;
• Premises used to provide residential services, as defined in the Residential Services (Accreditation) Act 2002, and
• at a building in which the only accommodation is provided for lifesavers;
• at a building in which the only accommdation provided is recreational accommodation for camps for school groups, girl guides, scouts or similar groups

Accommodation facilites providing food may also be subject to a Food Business Licence. http://www.burdekin.qld.gov.au/council/publications/forms/documents/FoodPremiseRegistration.pdf

Approvals

Application for an Approval under the relevant Subordinate Local Law is to be completed after approval has been given in conjunction with the appropriate IDAS Application for Town Planning approval.  Fees apply for both of these applications. 

If an approved accommodation facility is sold, an application for a Transfer of Approval must be completed and the relevant fees submitted to Council.  Once the accommodation facility is sold, the new owner and or approval holder is responsible for all outstanding requisitions.

Council highly recommends prospective purchasers request a Health Inspection prior to settlement.

For further information regarding approvals for accommodation …

Please contact the Customer Service Centre using the Online Contact Form.

You can also contact the Customer Service Centre using one of the following methods.

On 1 January 2012 the licensing requirements in relation to dangerous goods storage such as fuel storage at a service station ceased.

If you have any questions in relation to storage and handling of dangerous goods please contact the Division of Workplace Health and Safety on telephone 1300 369 915.  

Each year, 5.4 million or 1 in 4 Australians get food poisoning and it is estimated that about two thirds of these cases come from commercial food premises.

Food poisoning can have serious health impacts and so it is important that food businesses ensure they store and handle food correctly so the food they serve to the community is safe to eat.

Does your business involve the selling, preparing or cooking of food for the public.  Do you have the correct licences and food certificates.  Find out more here.

When do you need a licence/permit?

• If you are a Community Service Provider and wish to undertake a commercial or non-commercial activity on a Council controlled road reserve or a park you require a permit.
• The road reserve covers the entire area from the fence line to fence line and includes the footpath.
• A commercial activity includes, cake stalls, selling raffle tickets displaying advertising or direction signs, busking, information booths, hawking, static displays, promotions, itinerant vending, markets, selling goods of any type, footpath dining, vending.
• The parks where a permit can be obtained to undertake commercial or non-commercial activity are defined in Schedule A to the Local Law.

Do you need any other forms of licence/Permit?

The activity you propose may also require you to obtain other forms of licence or permits to be acquired so as to undertake the activity you propose i.e.

Raffle tickets

A current permit from the Office of Fair Trading must be held,

Undertaking a Commercial activity beside a State-Controlled Road

(i.e. Bruce Highway – excluding Queen Street and Edwards Street AYR, and the Home Hill CBD), an Ancillary Works and Encroachment (AWE) Application Form will need to be completed and approved by Main Roads Department. You may contact the Main Roads District Office on the following contact address and number.

Main Roads Townsville District Office
146 Wills Street,
PO Box 1089,
Townsville Q 4810.
Phone: (07)4720 7200

Selling Food

You may also require a Food Hygiene Licence (administered by Burdekin Shire Council Health Section) and correct labelling as per the Food Standards Act. Information on labelling can be obtained from Queensland Health on the following contact address and number.

Queensland Health
Townsville District Office
340 Ross River Road
Aitkenvale Q 4814.

Phone: (07)47504027
Fax: (07)47504021

Mail Address Locked Bag 16 Aitkenvale

Operate a piece of fairground equipment

A current Safety Certificate by WPH&S

What do Community Service Providers need to do to set up a stall on a particular day?

You will need to provide the Environment and Health Department with details of the nature, layout, time and place of the proposed activity accompanied by a copy of your Public Liability Insurance Policy.

Your contact with the Environment and Health Department should be at least one week prior to proposed event for which the permit is required.

As the date and location may already be allocated, you should be prepared and have a range of alternate locations or dates.

In the best interest of all parties, the Environment and Health Department recommends that each applicant should consult or obtain written approval from all adjoining/impacted property owners/footpath licence holders

To ensure equal opportunity for all, proposed selling dates may only be accepted at a maximum of three (3) months prior to the proposed activity.

All applicants are required to hold a Public Liability Insurance policy to the value of ten million dollars ($10,000,000.00), for the proposed activity. A copy of this policy is required to be provided to Council.

Each Permit will remain in force for he period shown on the permit or for the duration of your Public Liability Insurance coverage period, unless sooner revoked, cancelled or suspended.

Can Council refuse are revoke a Permit/licence?

Council can refuse to issue a Permit if it believes such a Permit will detrimentally impact on other users of the road or park.

Should a licence holder not comply with the conditions imposed on a licence then Council has the right to revoke the licence.

What conditions must be met when selling / vending on the roadside?

The flow of traffic, both pedestrian and vehicular, of the surrounding area and into shop premises is not to be impeded.

The activity is not to cause a danger or nuisance to neighbouring residents or users of the surrounding area.

This permit does not give approval to enter any business house to sell or hawk goods.

The visual amenity of the surrounding area must not be adversely affected in any manner.

All related vehicles are to be relocated to an off-street location once the proposed activity is set up.

Consideration should be given to surrounding business houses for the type of activity conducted. (i.e. busking a maximum 30 minutes in front of any one-business house, selling goods that might compete with product lines offered by adjacent business houses).

Goods are to be displayed to a maximum of 1200mm from shop frontage.

Signage is to be a maximum width of 1200mm and 1200mm in height from the shop frontage.

Tables and chairs are to be placed on the footpath to a maximum width of the shop premises and to a maximum depth of 1200mm.

Once completed the activity, the site is to be clean and obstacle free before departure.

If the road/footpath is damaged as a result of the activity, repayment must be made to the Council of the amount required to rectify the damage.

Any waste generated as a result of the activity must be disposed of appropriately, and a rubbish receptacle for customers is to be provided.

Hours of operation are to be from 8:00am to 5:00pm or those times relevant to business operating hours.

Roadside vending/Footpath Usage or Obstruction Licence is to be onsite whenever and wherever the vending occurs.

Vending attendants being seventeen (17) years of age and younger are to be supervised by a person of a minimum eighteen (18) years of age.

Note:

The Ayr Fire Brigade are no longer erecting banners in the main street as a community service due to public liability

Licensing Process

Premises which offer higher risk personal appearance services to their clients need to be licensed under the Public Health (Infection Control for Personal Appearance Services) Act 2003.

This includes a premises which carries out the following services:

• body piercing, excluding closed ear piercing;
• implanting natural or synthetic substances into a person’s skin, including, for example, hair or beads;
• scarring or cutting a person’s skin using a sharp instrument to make a permanent mark, pattern or design; or
• tattooing

If you want to operate a premise that provides any of the sevices listed above you are required to make an application for a licence. Once your licence is issued, you are approved to operate. The licence must be renewed each year.

New Premises and Alterations

Before opening a new premises or altering an existing one, you need approval from the Environment and Health section.

Getting an Approval

To get an approval, you will need to:

• Contact Council’s Planning Department to confirm whether you require approval under the Sustainable Planning Act .
• Apply to the Environment and Health section.
• Submit the appropriate application fee.

Application

It is essential to make application before commencing both construction or operations. This allows an Environmental Health Officer to assess your proposal and advise you if there is any item that does not comply with the legislation. This will save you time and money.

An Environmental Health Officer will be able to assist your application.

What type of plans do I need to submit?

• Floor plans,
• Sectional elevation

Submit two copies of plans drawn to a scale of no less than 1:100 for floor layouts and 1:50 for sections.

What information do I need on my plans?

The following information must be included in your plans:

• Location of fixtures and fittings;
• Construction materials of all surfaces;
• Hand wash basin location;
• Preparation sink location;
• Storage cupboards;
• Waste containers (for soiled linen and other waste);
• Details of refuse facilities; and
• Cleaning and sanitation details for equipment and utensils.

Plan Approval

An Environmental Health Officer will assess your plans and give a written decision within ten working days. Construction can commence when the plans are approved.

Final Inspection

Before you open, the Environmental Health Officer will need to do a final inspection. Once the inspection is completed, and all structural requirements are met, you will be given approval to operate.

Getting a Licence

When your final inspection is complete, lodge your Higher Risk Personal Appearance Services Application form, together with the relevant fees, with the Environment and Health section. Your Licence will be forwarded to you in the mail within five working days.

Buying An Existing Higher Risk Personal Appearance Service Premises

If you are buying an existing hairdressing premises you will need to have the licence transferred to you. This can be done using the Transfer Application form.

However, it is recommended that you request an inspection to be undertaken by an Environmental Health Officer prior to buying to ensure that any non-compliance issues are raised and attended to prior to operation.

For further information or to request an inspection, please call the Environment Health Officers on 07 4783 9800.