If you are thinking about buying a food business, the registration of the premises must be transferred from the name of the existing licensee to the name of the proposed purchaser. You also need to follow these steps to legally operate the business:
- Contact Campaspe Shire Council and speak to an Environmental Health Officer to determine if the business has a current registration with council.
- Send a written request to council, detailing the business name, address, prospective purchaser, date of settlement and that you are requesting an inspection of the property to determine if it complies with the requirements of the Food Act 1984. We recommend you do this through your solicitor. Council must receive it at least two weeks before settlement.
Once this request is received, a consent form will be sent to your solicitor to complete. The current proprietor must complete the form in order for the Environmental Health Officer to release information about the business to you.
An inspection will then be conducted with the current business owners. This is required under the Food Act 1984. It is also of great benefit to the purchaser as it will identify any work that needs to be done on the premises. Following the inspection, a report will be issued to both parties, detailing any outstanding issues under Food Act 1984.
An application for transfer of registration will also be sent at this stage to the prospective purchaser’s solicitor. This form must be completed by both the proposed purchaser and existing licensee and returned to council with the correct fee. This should be within 14 days of settlement.
It is then up to both parties to discuss who will complete the work that needs to be done. If the current owner is to do the work, it should be completed by the settlement date. Once that is done and the application form and fee received, a new certificate of registration in the purchaser’s name will be sent to the new owner.
NOTE: The business will remain registered in the current proprietor’s name until the application and relevant fee are received by council.
If the transfer isn’t completed, the transfer inspection fee must still be paid.
For more information, please contact an Environmental Health Officer at Campaspe Shire Council on 5481 2200.