If council tells you to stop an event, the first task is to understand exactly what has happened.
A request for information, an oral direction, a compliance notice and an infringement notice are not necessarily the same thing. Start with the actual document or communication.
Identify the Decision
Ask the officer to explain the activity in question and the legal basis for the direction.
Request written confirmation where appropriate. Record the officer’s name, the date and what was said without escalating the situation.
Do not assume that an immediate direction can be ignored while you seek advice.
Preserve the Facts
Keep a single file containing:
- Notices and correspondence.
- Existing licences, conditions and approvals.
- Photographs showing the actual arrangement.
- Site boundaries, leases and landowner consents.
- A chronology of relevant conversations.
- The outcome you want to achieve.
Be precise about the location. An area outside a shop might not be part of the leased or privately owned premises.
For food events, distinguish food licensing from permission to use the site.1
Protect the Deadline
Read each formal document carefully.
The response process depends on the particular power, notice and legislation. There is no universal council appeal form or deadline that applies to every event shutdown.
Do not assume that a complaint, meeting or conversation with a councillor pauses the formal process. Obtain advice promptly if a fine, prosecution risk or review deadline is involved.
Work Towards the Outcome
Ask what would make the activity compliant.
A different location, revised setup, further information or appropriate application may be worth investigating. None should be presented as a guaranteed exemption.
A practical solution and a formal legal response can sometimes be pursued together, provided the relevant deadlines are protected.
Start with the notice, not the argument
Bell & Senior Lawyers can help identify the decision, the available response and a practical next step. Contact our team on (07) 5532 8777.
See Also
- Episode 36: Sausage law and legal problem solving
- Free sausage sizzles and food licences
- Standing to challenge a government decision
- Non-court strategies for government disputes
This page provides general legal information only; it is not personal legal advice. Everyone’s situation is different, so please seek independent legal advice for your own circumstances.
- City of Gold Coast: roadside dining permit
- Food Act 2006 (Qld)
- News.com.au: Council shuts down butcher’s free sausage sizzle
Need Specific Legal Advice?
The answers above are general. For advice tailored to your specific situation, contact our Southport solicitors today.
Enquiry Sent
Thank you. Our team will contact you shortly.
-
Food Act 2006 (Qld), including the separate licensing framework: https://www.legislation.qld.gov.au/view/whole/html/current/act-2006-003 . The power and review process for a particular council notice must be checked separately. ↩︎