Whitehorse City Council

Purchasing an Existing Food Business

Class 4 Notification
Property Enquiry/Pre-Sale Inspection
Inspection Report
Transferring the Food Business
Certificate of Registration
When You Have Taken Over
Within Three Months
Internal Links
External Links

If you are looking to purchase an existing food business, an inspection prior to settlement ensures that prospective proprietors are fully informed of any outstanding notices on the premises or any works that are required to be completed so that the premises comply with the Food Standards Code and the Food Act 1984.

Class 4 Notification

The new proprietor of a Class 4 food premises need only notify Council at settlement.

Property enquiry/Pre-sale Inspection

(Class 1, Class 2 and Class 3 Food Premises)
A prospective proprietor, or their solicitor, can request a pre-sale inspection be carried out by an Environmental Health Officer.

Due to the current privacy laws, the current proprietor must sign to give their consent for the inspection report to be released. Please ensure that the Request for Inspection and Consent for Disclosure of Information form is completed and signed by both parties and returned along with the appropriate fee at least 14 days prior to settlement.

Inspection Report

The Environmental Health Officer will list any work that needs to be done to bring the business up to the current standards.

A copy of the inspection report will be provided to the current proprietor as well as the purchaser, or their solicitor. A response is normally provided within five working days for a standard service and two working days for a priority service.

The existing proprietor and the purchaser should then decide who will undertake any necessary work as listed in the report.

An Application to Transfer a Food Premises form will be sent with the inspection report. An online version of the form can be can be found by clicking on the following link: https://services.business.vic.gov.au/vbmk/InitiateTransaction.do?srv_code=FPP_SPDF&agency=176&lic=1982&online=n

Please note: the inspection carried out by the Environmental Health Unit is for the purposes of the Food Act 1984 only. If you need information about compliance with Council’s Building and/or Planning Department requirements, or other utility provider such as Yarra Valley Water, you will need to contact these departments separately. [link to council department website pages and www.yvw.com.au at the bottom of the page]

Transferring the Food Business

To ensure that the food business can transfer the Registration under the Food Act, all of the following items need to be submitted to Council’s Environmental Health Unit prior to settlement:

  • A completed Application to Transfer a Food Premises, signed by the existing proprietor (the vendor) and the proposed new proprietor (the purchaser); [link to https://services.business.vic.gov.au/vbmk/InitiateTransaction.do?srv_code=FPP_SPDF&agency=176&lic=1982&online=n]
  • Payment of the applicable fee; [link to fee table]
  • Provide details of your Food Safety Program (Class 1 and Class 2 food businesses only); and
  • Provide a copy of your Food Safety Supervisor’s Statement of Attainment, or proof that they have enrolled with a Registered Training Organisation to complete the required units (Class 1 and Class 2 food businesses only).

Certificate of Registration

A Certificate of Registration issued under the Food Act 1984 will be sent to the new proprietor once all of the above items have been submitted and any outstanding works have been completed.

You will also be sent out a 5 Star information booklet that will explain the Food Hygiene Assessment (5 Star program) to you.

When You Have Taken Over

An Environmental Health Officer will inspect your premises once you have taken over to ensure that any items identified during the pre-sale inspection have been completed, that you are maintaining adequate hygiene standards and that, for Class 1 and Class 2 businesses, you have your Food Safety Program.

Within Three Months

An Environmental Health Office will conduct a further inspection. This will form your 5 Star Food Hygiene Assessment (Class 1 and Class 2 businesses) or Food Hygiene Inspection (Class 3) for the current year. Subsequent inspections will be conducted approximately one year from this inspection. Any Class 1 or Class 2 businesses that transfer after 31 August, and are awarded 5 stars, will not be published in the 5 Star Booklet.

Please note: Whitehorse City Council's 'star' rating on the premises is not transferable as this award represents the food safety performance of the current proprietor.

Internal Links

Planning pages
Building pages 

External Links

Yarra Valley Water