Having a TFP or MFV Permit enables the food businesses operating in the Georges River Council area to sell their food.

The Georges River Council issues lifetime TFP/MFV Permits, which remain valid as long as the businesses adhere to the permit conditions. 

Council reserves the right to alter or withdraw the permit if the business fails to comply with the permit conditions or if there are any changes to the legislation or internal process of the Council.

Please read the Food Act 2003 and the definition for the sale of food.

If the operation of your TFP/MFV falls within the above definition, you are required to obtain a TFP/MFV Permit.

As drinks are for human consumption, a TFP/MFV Permit is required. 

Please refer to the Food Act 2003 and the definition of food which enforces this. 

You can apply for a TFP or MFV permit by submitting the Temporary Food Premises Permit Application Form.

Since all TFPs and MFVs must have a permit before engaging in trade, it is advisable to submit the application at least 28 days in advance.

This timeframe allows time for the assessment process to take place.

When applying for a TFP or MFV Permit, a fee is required. The fee is charged based on Council’s fees and charges. 

This fee covers the expenses associated with processing and evaluating the application and must be paid regardless of the outcome of the assessment. 

To withdraw your TFP/MFV Permit application, you can send an email to ehadmin@georgesriver.nsw.gov.au. In the email, include your:

• Name

• Contact number

• ABN

• Trading name

If you choose to withdraw your application within five (5) working days from the date of submission, no fees will be charged. 

However, if the withdrawal is made after the initial 5 working days, fees will still apply since your application would have already entered the assessment process.

Georges River Council has engaged Revenue NSW to recover outstanding financial debts. As such, an invoice for your TFP/MFV application fee will be sent to you by Revenue NSW either to the email address or postal address you provide in your application.  

Any enquiries or communication related to the invoice received should be directed to Revenue NSW on 1300 655
805. They will handle all matters concerning the financial aspect of the inspection process.

The time taken the assess a TFP/MFV Permit application varies depending on the completeness of the information provided and may take up to 28 days. 

To help speed up the assessment process, provide all the requested details in the application form when submitting the TFP/MFV Permit application. This ensures that there are no unnecessary delays in the assessment process.

The assessing officer will usually contact you within 10 working days after you have submitted your application. If you haven’t received any communication from the assessing officer during this time, please check the following:  

1. Email address – Ensure that the email address provided in your application is accurate and correctly spelt.

2. Junk mail – check your email’s junk mail or spam folder, as emails from the assessing officer might have been filtered there. 

3. Phone message – It is possible that the assessing officer has left you a phone message, so make sure to check your voicemail or missed call notifications.  

If you still haven’t heard from the assessing officer, you can contact the Environmental Health Administration Officer on (02) 9330 6033 to enquire about the status of your application. 

Any TFP/MFV with a valid Permit planning to conduct trade within the Georges River Council area must obtain approval. The specific requirement for approval depends on the location of the proposed trading.   

Council Owned or Managed land  
If the TFP/MFV intends to trade on land owned or managed by the Georges River Council, additional approval is necessary. This may involve obtaining approval under section 68 of the Local Government Act 1997. To find out more, contact: Customer Experience on (02) 9330 6400.

Trading on public land
If the TFP/MFV plans to trade on public land, such as parks (including parking spaces near parks), sidewalks, roads, footpath, parking lots, permission from Council is required.

• For trading in parks including parking spaces adjoining to parks.

• For trading on roads ways (not in Hurstville or Kogarah CBD).

• For trading on Council foot path (in Hurstville or Kogarah CBD).

Contact our Customer Experience team on (02) 9330 6400 to apply.
 

Trading on Private Property

TFP is not permitted to trade on Private Property without approval. 

MFV can trade on Private property if the property owners’ consent is given. 

According to the current regulations, MFVs are allowed to trade on private land without obtaining approval from the council, provided they adhere to the guidelines set in the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. 

It requires the food business to:

1. Have the consent of the owner of the land on which the development is carried out or, if a council or public authority has the control and management of the land, the consent, in writing, of the council or public authority.

2. Not restrict any vehicular or pedestrian access to or from the land or entry to any building on the land.

3. Not obstruct the operation of, or access to or form the land or entry to any building on the land, 

4. Not obstruct the operation of, or access to, any utility service on the land or on adjacent land.

5. Not be located within the canopy of, or result in damage to, any tree growing on the land or on adjacent land.

6. Not result in any damage to public property on the land or on adjacent land.

7. If carried out on land in a residential zone, only be carried out between 700am and 7.00pm.

8. If located on a public place – have any approval required under section 68 of the Local Government Act 1993.

9. If located on private land, be limited to 1 development on that land and not contravene any conditions of a development consent for any other use carried out on the land.

Council’s Environmental Health Officers have the authority to attend events held within the Georges River council area and conduct inspections of TFPs and MFVs. These inspections aim to ensure compliance with the food legislation. 

Additionally, officers may also conduct unannounced inspections on TFPs and MFVs that are engaged in trading activities within the local council area, even if they are not associated with a specific event. This helps in maintaining ongoing compliance with relevant regulations and standards.

All inspections are charged in accordance with Council’s Fees and Charges. 

If a TFP/MFV has already undergone an inspection conducted by another Council’s Environmental Health Officer, an additional inspection may not be carried out, provided the following conditions are met:

1. A copy of the latest inspection report

The operator of the TFP/MFV must make a copy of the most recent copy of their inspection report available to the Environmental Health Officer either before or during the inspection.If no such document is provided, the officer will proceed with an inspection.
 

2. The inspection report must be legible

The inspection report can be in physical or electronic form but must be legible.If the report is found to be illegible, an inspection will be conducted.
 

3. The latest report is not older than 6 months and within the financial year

The latest inspection report must not be older than 6 months and should be dated within the current financial year.
 

4. Must not be a failed inspection report

The inspection report must not indicate critical non-compliance that poses a significant risk to food safety. Critical non-compliance may include:

• Cross-contamination that renders ready-to-eat food unsafe or unsuitable.

• Lack of hand wash facility.

• Lack of sanitiser.

• Temperature Control on potentially hazardous food.

Although an Environmental Health Officer may still inspect to ensure compliance with food legislation, no fee will be charged to the TFP/MFV if the above criteria are met.  

Note: Falsifying inspection documents is considered an offence under section 42 of the Food Act 2003. Offenders may face fines of up to $55,000 for individuals or $275,000 for a corporation. 

When carrying out inspections, Environmental Health Officers focus on a wide range of issues including:

• Cleaning and sanitising.

• Temperature control.

• The use of food safety management tools (if required).

• Hygiene and food handling practices.

• Pest control.

• Construction and maintenance of the TFP/MFV – information on the construction and maintenance of the TFP/MFV can be found in:

  • Guidelines for Food Businesses at Temporary Events.

  • Guidelines for Mobile Food Vending Vehicles.

It is important to note that the Officers carry out food premises inspections in accordance with the food legislation. 

The food legislation includes:

• NSW Food Act 2003.

• Food Standards Code, Chapter 1 – Part 1.2 – labelling.

• Food Safety Standards 3.2.2 – Food safety practices and general requirement.

• Food Safety Standard 3.2.2A – Food Safety Management Tool.

  • Food Safety Standards 3.2.3 – Food premises and equipment.

In addition, the following guidelines apply to TFPs and MFVs:

• Guidelines for Food Businesses at Temporary Events - published by NSW Food Authority.

• Guidelines for Mobile Food Vending Vehicles - published by NSW Food Authority.

All food businesses are required to comply with the above food legislation and guideline. Only category one and two food businesses are required to comply with Food Safety Standard 3.2.2A. 

Recent changes to the Food Standards Code have introduced new requirements for all businesses that prepare and serve food in NSW.

From Friday 8 December 2023, businesses that process unpackaged, potentially hazardous food, and serve it ready-to-eat, are required to:

• Have a qualified onsite Food Safety Supervisor.

• Ensure all food handlers are trained in food safety and hygiene.

• Be able to show their food is safe.

Businesses that only slice, weigh, repack, reheat or hot-hold potentially hazardous food they have not made themselves, for example for example slicing fruit or reheating meals provided by a caterer, are required to:

• Have a qualified onsite Food Safety Supervisor.

• Ensure all food handlers are trained in food safety and hygiene.

The changes affect most retail and hospitality food businesses, as well as school canteens, childcare and OOSH services, charities and not-for-profits that regularly sell food, delis, supermarkets, coffee vendors and correctional centres.

See the NSW Food Authority website for more information:

• Standard 3.2.2A quiz for businesses.

• Standard 3.2.2A – Frequently asked questions.

• Food Safety Supervisors.

• Free Food Handler Basics training.

• Showing food is safe.

Council plays a crucial role in both educating and regulating to ensure that the food produced for sale is safe for consumption. To assist food businesses in understanding an comply with the legislative requirement, the Council and the NSW Food Authority has published a range of factsheets.

These factsheets are a valuable tool for businesses to navigate the necessary requirements. Additionally, food businesses can seek guidance and advise on food safety matters from their area Environmental Health Officers.

When carrying out inspections, the Environmental Health Officers adopt an educational approach by providing the necessary information and guidance to food businesses. Their aim is to help businesses meet the required standards. However, in cases where non-compliance is noted, the Officers will follow Council’s Enforcement Policy and may take one or more of the following measures:
 

Re-inspections	Re-inspections are carried out to ensure compliance with the food legislation. Officers will advise the food business when the re-inspection occurs.
Written warnings	Written warnings are issued to issues food business to highlight non-compliance to the food legislation. A written warning is usually followed up with a re-inspection to ensure compliance.
Improvement Notices	An Improvement Notice may be issued to a food business for any repeated non-compliance with legislative requirements. An Improvement Notice gives specific directions and time frame to business owner to comply. An improvement Notice has an administration cost of $330.  Improvement Notices are followed up with reinspection/s.
Penalty Notices	Penalty Notices may be issued for non-compliance to the Food legislation.  When penalty notices are issued and paid, details of the penalty notices are published online by the NSW Food Authority and are freely available to the public. This is known as the Name and Shame register.
Prohibition Order	A Prohibition Order is issued when an Improvement Notice issued to the business owner has not been complied with or the issues identified has an immediate risk to public health and safety.  A Prohibition Order directs the food business to cease trading (or cease using a certain process or equipment) at the premises until a Clearance Certificate is provided by Council.
Prosecution	Food businesses can be prosecuted for continuous non-compliance to the food legislation. Prosecution result is published online by the NSW Food Authority and are freely available to the public. This is known as the Name and Shame register.

Georges River Council has engaged Revenue NSW to recover outstanding financial debts.

When Officers carries out food inspection, Revenue NSW will generate and send the invoice directly to the respective business. 
 
Any inquiries or communication related to the invoice received should be directed to Revenue NSW on 1300 655 805. They will handle all matters concerning the financial aspect of the inspection process.