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Food Business Rules

Hurstville City Council is responsible for ensuring that businesses supplying food and beverages to the community comply with relevant legislation. Any business that manufactures, prepares, stores, handles or sells food or beverages must obtain approval from Council to do so, by lodging a development application (DA).

Food businesses may need to lodge a DA with Council for approval in cases of:

  • change of use from an existing purpose not to a food premises
  • refitting or renovation of an existing food premises.

There is also a range of development rules associated with food premises, which must be understood before changes, refitting or renovations to a proposed or existing food premises are commenced.

Outdoor Dining and Retail Trading

Businesses in Hurstville City that place items such as chairs and signage on public footpaths pay an annual fee to Council for the use of community space. For approval to place items on the footpath, business operators should submit a Use of Public Footway or Roadway Application to Council, accompanied by a detailed plan of the proposed footpath use and appropriate fees.

Council may grant permission to place articles in approved areas of the public footpath if the proposed use complies with the relevant criteria under our Code for the Commercial Use of Public Footways, and Development Control Plan (DCP) Number 2 for Hurstville CBD businesses or DCP Number 1,  for businesses outside Hurstville CBD. These items include: 

  • tables, chairs, or umbrellas
  • A Frame signs (not permitted in Hurstville CBD)
  • pot plants (cut flowers not permitted)
  • bollards, pavement markers, planters, rope fence and other articles used to delineate approved spaces (signs not permitted to be used in this manner).
Plan of proposed footpath use

The required plan must be drawn to scale (1:50 or 1:100) and include:

  • boundaries of the proposed seating area
  • kerb line of the street
  • building line of the shop and adjacent shops on either side
  • existing street furniture, litter bins, garden beds, street trees or light poles
  • proposed position of all tables, chairs, umbrellas, planters, bollards or articles
  • brief description of each component including dimensions, colours and materials
  • proposed shop names or logos to be included on furniture in the approved area, or as part of umbrella design.
Advertising and Signage

Advertising and signage is an important aspect of business promotion, however Council has rules and requirements about where exterior signs can be placed. These ensure a consistent approach to the design and placing of advertising signs across the Hurstville City.

There are a range of signs that can be used to promote your business, and the requirements for each type are set out in Council’s DCPs.

All advertising must be displayed in English, but may include a translation into another language. Any translated message should be accurate and complete, and use wording and numbering no larger than the English text.

Some signs do not require approval because they are considered to be Exempt Developments.

Read about Exempt Development Advertising Signs

Energy Efficiency

Council encourages business owners to design and construct food premises’, and choose their appliances, following energy efficient principles, which are contained in DCP Number 1.

By using these guidelines you can help preserve environmental resources, reduce greenhouse gas emissions and make significant savings for the business.

Read DCP Number 1 – Section 3.5 Energy Efficiency Guidelines

Crime Prevention by Environmental Design

Council also encourages business owners to design and construct food premises’ to minimise potential for crime, by following guidelines contained in DCP Number 1. When preparing your development application, you should be familiar with these requirements and understand how they relate to your business.

Read DCP Number 1 – Section 3.4 Crime Reduction Guidelines (link)

Extended Trading Hours

If you wish to extend trading hours, or open for business outside the hours of 6.00am to 12.00am, a DA must be submitted to Council.

Council provides a list of considerations which must be satisfactorily addressed in the DA before trading can be extended.

Information requested will include:

  • detailed description of the activity and its potential impact on adjoining premises
  •  potential impact on amenity of the area
  •  litter generation
  • anticipated patronage
  •  responsibilities of staff, staffing levels and qualifications (if relevant)
  •  external and internal lighting
  •  security measures
  •  toilet facilities.

Read DCP Number 1  – Section 5.1 Extended Trading Hours (link)

Read DCP Number 2  – Section 8.1 Extended Trading Hours (link)

When determining the DA, Council may set additional local newspaper advertising requirements highlighting the extended trading hours, or refer the DA to NSW Police for input on isses relating to crime prevention. Council may also enforce conditions of consent including:

  • submission of regular reports to Council on business operation matters such as security and noise, to  ensure commitments made in the DA are kept (breaches can result in orders to cease operation)
  • approval for the business to operate for a set period, after which Council will review the operation to ensure commitments have been kept (in these cases, the applicant is responsible for re-apply for approval for continued operating
  • provision of a regular report to Council’s Safety Committee in relation to the new trading hours.

More information

Learn about food premises-related Development Rules

Find out more about lodging a Development Application

Use of Public Footway or Roadway Application

Fees and Charges

Development Control Plans

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