What Approvals Do I Need to Open a Cafe or Restaurant in NSW?

Opening a Cafe or Restaurant in NSW: An Approval Guide

Opening a hospitality venue in NSW involves navigating multiple approval streams simultaneously. Planning approval, building certification, food safety registration and liquor licensing each operate under separate legislation and must be obtained in the correct sequence. Missing one can delay your opening or expose you to enforcement action.

In short: To open a cafe or restaurant in NSW, you will need a DA for change of use (or confirmation that the premises already holds the appropriate consent), a Construction Certificate for any fit-out works, food business registration and, if applicable, a liquor licence.

The Four Approval Streams

1. Planning approval (DA) If the premises is not already approved for a food and drink use, a DA is required to change the use. The DA assesses permissibility, car parking, waste management, ventilation, acoustic impacts and hours of operation.

2. Building certification (CC or CDC) Any fit-out works (new kitchen, cool room, internal partitions, accessible toilet) require a Construction Certificate or CDC from an accredited certifier. Works must comply with the Building Code of Australia.

3. Food business notification or registration Under the Food Act 2003, food businesses must notify the relevant council and comply with the Food Safety Standards. Some businesses require registration with the NSW Food Authority.

4. Liquor licence If the venue will sell alcohol, a liquor licence must be obtained from Liquor and Gaming NSW. The venue will need to demonstrate that the relevant planning consent permits liquor sales and, depending on the licence type, may need a separate DA for the licence itself.

Step-by-Step: Opening a Cafe or Restaurant

1. Identify the current approved use of the premises and confirm food and drink premises is permissible in the zone.

2. Engage a town planner NSW to prepare and lodge the change of use DA.

3. Engage a building certifier and fit-out contractor for the kitchen and interior works.

4. Obtain a Construction Certificate for fit-out works before starting.

5. Notify council's environmental health team of your food business.

6. Apply for a liquor licence if required (this can run concurrently with the DA process).

7. Once all approvals are in place, obtain an Occupation Certificate before opening.

Key DCP Controls for Food Venues

• Car parking: Most DCPs require one space per 10 to 15sqm of dining area

• Waste management: Grease trap installation and waste storage requirements

• Ventilation: Mechanical exhaust ventilation for commercial kitchens

• Acoustic: Noise management if the venue is near residential uses or operates after 10pm

• Accessibility: DDA-compliant access, toilets and fit-out elements

• Signage: Any new signage requires separate consent unless it is exempt

Real-World Examples

Example 1: Shopfront in a local centre 

A business owner takes a lease on a vacant shopfront in an E1 Local Centre zone. The premises has never been approved for any use. A DA is lodged for food and drink premises. The SEE addresses car parking (referencing a nearby council car park), hours of operation (7am to 10pm seven days), a mechanical ventilation plan and a waste management plan. Council approves with conditions. A CC is then obtained for the kitchen fit-out before works commence.

Example 2: Expanding an existing cafe 

An existing cafe holds consent for food and drink premises with a 40-seat capacity. The owner wants to add a rear courtyard with 20 additional outdoor seats. A Section 4.55 modification application is lodged to amend the existing consent. The modification addresses the noise impact of outdoor seating on adjacent residential properties and proposes acoustic screening.

Common Misconceptions

"If the previous tenant was a cafe, I can open straight away." 

Check the existing consent carefully. The consent may include conditions restricting hours, seating numbers or alcohol service that apply to the premises, not just the previous operator.

"The fit-out is just an interior matter, not a planning matter." 

Fit-out works require building certification. A commercial kitchen installation, accessible toilet addition or structural alteration all require a CC or CDC.

"I can get the liquor licence first and then sort out the planning." 

Liquor and Gaming NSW will require evidence of the relevant planning consent before issuing most licence types. Planning approval should be sought first or concurrently.

Frequently Asked Questions

How long does it take to get approval to open a cafe? 

Allow at least two to four months from DA lodgement to opening, accounting for DA assessment, fit-out certification and fit-out construction.

Can I operate a cafe from an industrial unit? 

In most industrial zones, food and drink premises are not permissible. Some councils permit small cafes ancillary to an industrial use. Check the LEP land use table for the specific zone.

Do I need a DA if I am just changing the menu or rebranding? 

No. Changing the menu or business name does not require a new DA if the use remains food and drink premises and the scale and nature of the operation does not change.

What is an Occupation Certificate? 

An Occupation Certificate (OC) is issued by an accredited certifier confirming that a building or part of a building is suitable for occupation. It is required before a new or significantly altered premises can be legally occupied for trading.

Can I have live music at my cafe? 

Live music may require consideration of acoustic impacts under the DA or a modification to an existing consent. It may also have implications for your liquor licence.

What food safety training is required? 

NSW requires that all food businesses have a food safety supervisor who holds a recognised food safety qualification. This is a separate requirement from planning approval.