Definitions Are Making My Head Spin.....

Business By noahsmummy Updated 20 May 2010 , 5:43am by noahsmummy

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noahsmummy Posted 19 May 2010 , 5:47am
post #1 of 8


i have just spent the afternoon on the phone with my council. And im left even more confused then when i started... =/ I would like to have a home business selling a few cakes for a little bit of extra money.. not a huge business, or anything.. and id mostly be selling to family and friends, so i rang council to see if this was possible, several people have told me yes(from council), then one who also said yes said to go and check this document and see the definition. so i did. but now im confused... =/

GG 13.10.00
Home occupation means an occupation carried on in a dual occupancy dwelling,
dwelling-house or a dwelling in a residential flat building by the permanent residents of
the dual occupancy dwelling, dwelling-house or dwelling which does not involve any of
the following;
(a) the registration of the building under the Factories, Shops and Industries Act,
(b) prostitution;
(b1) bed and breakfast accommodation;
(c) the employment of persons other than those residents;
(d) interference with the amenity of the neighbourhood by reason of the emission of
noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste
water, waste products or grit, oil or otherwise;
(e) the display of goods, whether in a window or otherwise;
(f) the exhibition of any notice, advertisement or sign (other than a notice,
advertisement or sign exhibited on or in the curtilage of that dual occupancy
dwelling, dwelling-house or dwelling to indicate the name and occupation of the
resident which does not exceed 1 metre square);
(g) the sale or hire of items (whether goods or materials) or the exposure or display
or offer for sale or hire of items, by retail or rental and the like;
(h) the generation of significant additional traffic or car parking or the creation of, or
increase in, a condition of ribbon development on any road, adversely affecting
the capacity and safety of the road.

its left me confused.. anyway, was just hoping someone else may know what to do? i still need to speak to the health department, but they werent in when i called.

thankyou for your help. =)

7 replies
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carmijok Posted 19 May 2010 , 6:14am
post #2 of 8

It looks like you can't build a factory or emit noxious fumes (don't burn your cake!),don't have a storefront or signage or display windows--or have cars parking in front of your house. And you can't run a whore house or bed and breakfast (one and the same? icon_lol.gif ), Don't quite understand that 'sale or hire of items, either goods or services' thing. I mean you are selling something after all. That is what a business is supposed to do, right? Good luck! Especially if you were wanting to sell your cakes out of a house of prostitution. That's definitely a no-no. icon_twisted.gif
(although the advertising might be buns for sale!)

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Bluehue Posted 19 May 2010 , 7:44am
post #3 of 8

Your best bet is to go down to your Council Chambers and speak person to person -
Truely, unless you do that you will be given the run around and told to read clause xx/y paragraph 3 of some incidential piece of paper that is probably outdated.

Every Council is different - and nine times out of ten the people you speak to are just picking up a ringing phone via an extension....and are tooooo busy wondering whats for afternoon tea instead of what you are asking.

If you want sense - go down do not have to give your name and address to make an enquiry -

First time i ever rang i was put through to *Jennifer* and after 6 minutes of listening to her woffle on - i eventually found out that she was actually in the *Land Rates* department - icon_rolleyes.giftapedshut.gif
I twigged she had no clue with all her ummmming and arrrring.

Sorry i can't be of more help - but again - every single Council is different to what they will allow and what they won't.
Its painful - i know -
I guess its toooo simple to make things uniform - but thats our councillors for you - tooo busy looking busy instead of being clear.


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Bunsen Posted 19 May 2010 , 8:16am
post #4 of 8

It sounds like that clause is to stop you using the building as a shop, but it will depend on how the council interpret it - there is a big difference between selling 100 cupcakes to 100 customers and selling 100 cupcakes to 1 customer in terms of the impact on your neighbours etc. Every business is selling something, it's just a matter of where they draw the line on the amount of physical product that is considered "retail" - in terms of impact on the neighbourhood what is the difference between a boxed up cake leaving a building and entering a vehicle parked outside and a rolled up tube of architects drawings?

I agree with Bluehue, best to go in and talk to them face to face - and then get something in writing. I was told over the phone that I can't run a business from my house - now the house 3 doors up has a planning application going through council to turn the house onto a hairdressers!!

Good luck, hope you can get through the red tape - the hassle of going through all this has put me off for now, I've decided to wait until the kids are in school then find a kitchen to set up in rather than work from home.

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noahsmummy Posted 19 May 2010 , 11:12am
post #5 of 8

thanks for your help! im going to call again to speak to hgealth inspectors and see what they have to say, then i may plan a trip down to council.. may bring some cakes to "sweeten" the deal. icon_biggrin.gif lol.

but there is a lady about 5 houses down from me who advertises seeling her cakes and things. ive looked all over for a business permit or something.. havnt seen im hoping thaT means its all good, and i will be able to do it. =)

and thanks ill need it! i as going to wait as well, but people have been asking for cakes and ive been telling everyone no because im so scared of getting caught... theres also no one in my area who really does the extravagant cakes either. =) (lady down the street is more of a buttercream gal from what ive seen. )

Thank you again. =)

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leah_s Posted 19 May 2010 , 12:06pm
post #6 of 8

I don't know how things work in Australia, but over here, if you brought cakes to the local authorities who might be providing you with a "yes" or "no" answer on your business, you'd be in serious trouble.

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KHalstead Posted 19 May 2010 , 10:41pm
post #7 of 8

(g) the sale or hire of items (whether goods or materials) or the exposure or display
or offer for sale or hire of items, by retail or rental and the like; Confused

Almost sounds like you can't rent or sell equipment? Cake stands? that would be odd!

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noahsmummy Posted 20 May 2010 , 5:43am
post #8 of 8

yeah, ive sent them off an email today, hoping that way ill get it all in wirtting at least and hopefully it will get to the right person. everytime i have called the health inspector hasnt been in.. oh well, enrolled in a good and hygiene course today, which even if im not able to start my business now, im sure it will come in handy a few years down the track when i can...=)

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