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Service NSW has partnered with several local councils to develop the My Business Navigator tool to support café, restaurant or small bar businesses in NSW.

My Business Navigator makes it easier for you to start or grow your business.  We'll create a personalised plan and you'll be able to complete some tasks online, in your own time.

You’ll be supported along the way by a dedicated team so you can build your business quickly.

If you’re:

  • new to My Business Navigator, get started as a new customer
  • already registered with My Business Navigator, log in as an existing customer.

Get started with My Business Navigator  or  Log in to My Business Navigator

If you’re not ready to use the My Business Navigator, read the following information on this page to learn more about planning a café, restaurant or small bar in NSW.

Before you invest time and money into setting up your business by registering and applying for the right business licences, make sure you put together a business plan and carefully consider how viable your business is. Many businesses fail when these things aren't considered. Get in touch with the Office of the NSW Small Business Commissioner or an industry association to get advice specific to your area.

Before starting a small business, it's important you choose the best structure for your business type. The most commonly used business structures are sole trader, company, partnership, and trust.

Set up as a sole trader
Operating as a sole trader is the simplest and cheapest business structure you can set up. You control and manage the business, and although you 'trade' on your own, you can still employ people to work for you.

  • Cost: free, but $34 for 1 year, $78 for 3 years to register your business name
  • Time: varied

Register a company
If you've decided a company structure is best for your business, you'll need to register your company with the Australian Securities and Investments Commission.

  • Cost: between $382 and $463, depending on the company type
  • Time: about a week to organise all the necessary documents

Register a limited partnership
If you’ve decided a limited partnership structure is best for your business, you’ll need to register the limited partnership with the NSW Fair Trading’s Registry Services.

  • Cost: $381
  • Time: about a week to organise all the necessary documents

Set up a trust business structure
A trust is an obligation imposed on one person or entity – the trustee, to hold property for the benefit of another – the beneficiary. The trustee can be an individual or a company, the latter providing some asset protection.

  • Cost: varied, but expensive
  • Time: varied

Register a co-operative
If you've decided a co-operative is best for your business, you'll need to register the co-operative with NSW Fair Trading's Registry Services. 

  • Cost: $365
  • Time: about a week to organise all the necessary documents

Register an Australian Business Number (ABN)
You don't have to register for an ABN, but an ABN will let you claim Goods and Services Tax credits, energy grants credits, register an Australian domain name, plus more.

  • Cost: free
  • Time: about 15 minutes

Apply for an Administrator AUSkey
An AUSkey is a unique secure login linked to an Australian business number (ABN), which allows you to access and send business information to government online

  • Cost: free
  • Time: about 30 minutes

Register a business name
You'll need to register a business name, unless you're a sole trader or partnership and your business name is exactly the same as your or you and your partner's first and last names. You'll need an ABN or ABN application number to register your business name. If you're intending to serve liquor at your business, keep in mind that there is a legal requirement that the name of your licensed premises (which may or may not be the same as your business name) must not be objectionable, inappropriate, or misleading. Make sure your name meets these requirements before you order signage for your business.

  • Cost: $34 for 1 year, $78 for 3 years
  • Time: about 10 minutes

Register your business for Goods and Services Tax (GST)
You must register your business for GST if your GST turnover is $75,000 or more.

  • Cost: free
  • Time: about 20 minutes

Apply for a business Tax File Number
If you've decided a company, trust, or partnership structure is best for your business, you'll need to apply for a business Tax File Number.

  • Cost: free
  • Time: about 1 hour

Help with leasing business premises
You can find out about retail and commercial leasing on the NSW Small Business Commissioner website.

  • Cost: free
  • Time: about 1 hour to read through the documents

Apply for development consent
You may need to get consent from your local council before you can carry out development work on your business premises. As part of this process, you may need to notify certain stakeholders about your application, and the notifications may affect the way you apply for any liquor licences. For example, if you notify NSW Police and the Secretary of the Department of Justice within 2 days of lodging your development consent, you won't need to complete a Community Impact Statement when you apply for a liquor licence. Make sure you read the notification requirements for your local council carefully.

  • Cost: varied, depending on your local council and the work
  • Time: varied, depending on your local council and the work

Prepare and lodge a complying development application
You may be able to use the Electronic Housing Code (EHC) system to investigate, prepare, lodge and track a complying development. The EHC can also be used to find out if your proposed building works are considered an exempt development.

  • Cost: free to use the EHC system, plus varied fees for assessment depending on your local council or accredited certifier
  • Time: about 30 minutes to prepare your application

Apply to install a street awning or a business sign
Before you install any street awnings or business signs at your premises, you may need to apply for permission from your local council.

  • Cost: varied, depending on your local council
  • Time: varied, depending on your local council

Apply for a zoning certificate
To find out about any controls, requirements and restrictions on a property, apply to your local council for a zoning certificate (Section 149 planning certificate).

  • Cost: varied, depending on your local council
  • Time: varied, depending on your local council

Apply to make changes to a heritage listed place
If you want to make changes to a heritage listed place, you may need to seek approval from your local council or the Heritage Council of NSW. 

  • Cost: varied, depending on your local council or the Heritage Council of NSW
  • Time: varied, depending on your local council or the Heritage Council of NSW

Apply to operate a business on reserved land
You’ll need approval from the Office of Environment and Heritage to operate a business on reserved land, such as a national park. 

  • Cost: varied, depending on the site and type of business
  • Time: varied, depending on the site and type of business

Apply for a Construction Certificate
Before you start any building work, you need to apply for a Construction Certificate from your local council. This certificate confirms the construction plans are consistent with the development consent and other requirements. 

  • Cost: varied, depending on your local council
  • Time: varied, depending on your local council

Appoint a Principal Certifying Authority
After being issued with development consent or a Construction Certificate, and before you start any approved construction, you need to appoint a Principal Certifying Authority to oversee the building work. 

  • Cost: varied, depending on contact appointed
  • Time: varied, depending on contact appointed

Apply for a Fire Safety Certificate
You’ll need to have a final Fire Safety Certificate from your local council before a final Occupation Certificate can be issued for a new building or an existing building that’s changed use. 

  • Cost: varied, depending on contact appointed
  • Time: varied, depending on contact appointed

Apply for a Compliance Certificate
After your building work is complete, you may need to apply to your local council for a Compliance Certificate to confirm the development meets council and regulatory requirements. 

  • Cost: varied, depending on your local council
  • Time: varied, depending on your local council

Apply for an Occupation Certificate
Before moving in to your premises, you’ll need an Occupation Certificate from your local council to occupy or use a new building, or change the use of an existing building. 

  • Cost: varied, depending on your local council
  • Time: varied, depending on your local council

Apply to discharge commercial trade waste water
You may need approval from your water provider to discharge commercial trade waste water into a public sewer. 

  • Cost: varied, depending on your water provider
  • Time: about 3 days, but it varies depending on your local council

Register a regulated water system
You need to register a regulated water system, like a water cooling or warm water system, with your local council. 

  • Cost: varied, depending on your local council
  • Time: varied, depending on your local council

Apply to place commercial waste in a public place
You’ll need approval from your local council if you want to place commercial waste, like spoiled food or the contents of a grease trap, in a public place for collection. 

  • Cost: varied, depending on your local council
  • Time: varied, depending on your local council 

Apply for a licence to play music at your business
If you want to play music at your cafe or restaurant, you'll need 2 kinds of licences to cover copyright issues.

  • Cost: varied, depending on your music needs
  • Time: about 40 minutes

Appoint a food safety supervisor
Your food business must have a food safety supervisor.

  • Cost: $30 for the certificate, plus training costs of around $140 (training costs depend on the provider you choose)
  • Time: about 1 day

Prepare for a regular food inspection
Your local council will carry out a food inspection to check that you comply with regulations to serve and sell food.

  • Cost: from $194 per hour, but it varies depending on your local council
  • Time: varied, but about 1 day

Apply to use public land for outdoor dining
You’ll need approval from your local council if you want to use a footpath or public place to serve food or drinks to customers.

  • Cost: from $360, but it varies depending on your local council
  • Time: about 1 week, but it varies depending on your local council

Meet food safety requirements
Your food business must meet Australian New Zealand Food Standards Code requirements.

  • Cost: varied, depending on your business needs
  • Time: about 1 hour to work through the training, then ongoing maintenance

Apply for a Small Bar licence
A Small Bar Licence lets you serve alcohol at a small bar with a limited patron capacity of 100 people. 

  • Cost: $350 to apply, plus ongoing yearly licence fees
  • Time: about 3 to 4 months altogether, including a 30-day submission period after you submit your application and 8 to 12 weeks processing

Apply for Extended Trading Authorisation (small bar)
If you want to extend your small bar’s trading hours, you can apply at the same time as a Small Bar Licence application or at a later stage.

  • Cost: $1250 to $1550 to apply, plus ongoing annual licence fees
  • Time: about 30 to 40 minutes to complete the form, then a 30-day public submissions period, followed by about 8 to 12 weeks' processing

Apply for an on-premises licence (cafe or restaurant)
An on-premises liquor licence lets you serve alcohol with meals at your cafe or restaurant.

  • Cost: $700 to apply, plus ongoing annual licence fees
  • Time: application and consultation about 8 weeks, followed by about 8 to 12 weeks' processing

Apply for Primary Service Authorisation
If you want to serve alcohol at your cafe or restaurant to customers who are not consuming food, you need to apply for a Primary Service Authorisation (PSA).

  • Cost: $100
  • Time: application and consultation about 8 weeks, followed by about 8 to 12 weeks' processing

Apply for a Liquor Approved Manager licence
If the holder of the liquor licence is a corporation, it must appoint a Liquor Approved Manager. If you'd like to work as a Liquor Approved Manager, you must apply to become one.

  • Cost: $100
  • Time: about 1 hour to prepare the application

Appoint a Liquor Approved Manager
If the holder of the liquor licence is a corporation, it must appoint a Liquor Approved Manager and notify ILGA about the appointment.

  • Cost: free
  • Time: about 1 hour to prepare the application

Prepare a Community Impact Statement
Before applying for a liquor licence, you may need to prepare a Community Impact Statement to consult the local community. If you're applying for a Primary Service Authorisation as part of your liquor licence, you must prepare a Category A impact statement. If you're applying for a small bar licence, you won't need to complete a CIS if you've applied for development approval and made the necessary notices – refer to 'What you'll need' on Apply for a Small Bar licence

  • Cost: free
  • Time: about a week, but it needs to be completed 30 days before a liquor licence application

Apply for a National Police Certificate
Before you lodge an application for a liquor licence, you must get a National Police Certificate to determine your suitability to hold a liquor licence. This will include a criminal record check. Your certificate will need to be attached to your Liquor Licence application, or your Liquor Approved Manager application (if you intend to apply as a corporate licensee) and submitted at the same time.

  • Cost: $53.30
  • Time: 2 to 3 hours to prepare the application and attend an interview, plus up to 30 days for processing

Undertake Responsible Service of Alcohol (RSA) training
If you work in a licenced premises that serves alcohol, you must have valid RSA training.

  • Cost: from $70, but varies depending on the training provider
  • Time: 6 to 8 hours, but varies depending on the training provider

Apply for an RSA competency card
Once you have completed RSA training, you must apply for an RSA competency card.

  • Cost: from $70, included in RSA training cost
  • Time: your card will be ordered and sent to you within 3 weeks

Order Liquor and Gaming NSW signage
If you’re licenced to sell liquor at your cafe, restaurant or small bar, you need to display certain signage. 

  • Cost: from $5
  • Time: about 15 minutes

Comply with liquor laws and licence conditions
If you intend to hold a liquor licence, you must ensure you comply with liquor laws and statutory licence conditions and requirements

  • Cost: free
  • Time: ongoing

Comply with Fair Work requirements
If you’re employing staff you must comply with Fair Work requirements like minimum pay and conditions.

  • Cost: varied, depending on your business needs
  • Time: about 1 hour to read through the documents

Comply with long service leave requirements
If you're employing staff you must comply with NSW Industrial Relations requirement to pay long service leave.

  • Cost: varied, depending on your employees' periods of service
  • Time: varies

Paying employees at award rates
You need to make sure that you're providing minimum wages and conditions for your employees. These conditions are covered in the modern awards.

  • Cost: free
  • Time: ongoing

Register for PAYG withholding
You'll need to register for PAYG withholding if you need to withhold tax (on behalf of the Australian Tax Office) from payments you make to employees, contractors, or other businesses that haven't supplied you an ABN.

  • Cost: free
  • Time: varies, depending on your individual circumstances

Register for the superannuation clearing house
If you have 19 or fewer employees or have an aggregated turnover below $2 million, you can register for the small business superannuation clearing house to pay super contributions to your employees in a single online location. 

  • Cost: free
  • Time: ongoing

Use the Superannuation Guarantee Contributions Calculator
Use the calculator to check the super contributions you need to pay your employees.

  • Cost: free
  • Time: about 15 minutes

Comply with work health and safety laws
You must comply with work health and safety (WHS) laws so that people who come into contact with your business (customers, contractors or visitors) are kept healthy and safe.

  • Cost: varied, depending on your business needs
  • Time: about 2 hours to work through the training modules, then ongoing maintenance as required

Apply for a workers compensation insurance policy
If you're going to pay more than $7500 a year in wages, you'll need to have a workers compensation insurance policy.

  • Cost: varied, depending on your business needs
  • Time: about 30 minutes

Register for the small business grant
If you're within the payroll tax threshold, and intend to increase the number of full time, part-time and/or casual workers in your business, you may be able to register for the Small Business Grant.

  • Cost: free
  • Time: varied

Register a trade mark
A trade mark (sometimes called a brand) is the way you show your customers and the public who you are.

  • Cost: from $120
  • Time: about a week to organise all the necessary documents

Register a domain name for your business
With an ABN, you can register a website name that ends with '.au'.

  • Cost: varied, depending on your provider
  • Time: about 10 minutes

Get liability insurance for your business
You can choose to take out public liability, professional indemnity, or product liability insurance.

  • Cost: varied, depending on your business needs
  • Time: about 1 hour

Meet requirements for displaying or advertising prices
You must comply with pricing regulations, and display prices accurately and clearly.

  • Cost: free
  • Time: about 1 hour to read through the documents

Comply with outdoor dining smoke-free laws
You must comply with commercial outdoor dining smoke-free laws.

  • Cost: free
  • Time: about 1 hour

Keep in mind: If you're opening a cafe, restaurant or small bar, you'll need to work closely with your local council. You can find your local council online to get the information relevant to your situation.

Small businesses are important to the NSW economy. Service NSW is trialling services to support one of these key areas – the cafes, restaurants, and small bars industry.

We welcome your feedback on the information provided, and on how we could improve our services. Please Contact us to share your thoughts.

Source url: https://www.service.nsw.gov.au/transaction/open-or-grow-cafe-restaurant-or-small-bar-nsw