Kelly Stothard and Kaden Heber-Stothard were shocked by the council’s email.
Photo: 612 ABC Brisbane / Kenji Sato
By Kenji Sato, Craig Zonca and Loretta Ryan, ABC
Kelly Stothard was flabbergasted when she received a letter from Brisbane City Council threatening her with fines over her children’s cupcake stand.
On Monday, the council informed Stothard it had received a complaint of “food being manufactured and sold” from her address without a food business licence.
The letter said the Stafford Heights mum had 24 hours to submit a food business licence application, or she could be penalised.
“A review of council records and an investigation into the above premises indicates that you are operating a food business without a food business licence,” the letter read.
“The operation of a … food business without a current food business licence is an offence under section 49 of the Food Act 2006 and can result in an on-the-spot fine or prosecution.”
Stothard said she was astonished that somebody had dobbed her children in to the authorities.
Kelly Stothard and Kaden Heber-Stothard say they were not doing anything wrong.
Photo: 612 ABC Brisbane / Kenji Sato
“I remember doing those sorts of things as a kid, so I was very shocked that someone went that far to complain,” she said.
“Back in the 80s and 90s kids used to be out all the time doing door-knocking sales, playing out on the street, but these days they’re inside on tablets.
“I support the kids when they want to get outside and do things and earn a bit of extra pocket money.”
Her son, Kaden Heber-Stothard, said the cupcake and lemonade stand was a joint idea by several children in the neighbourhood.
“I feel a bit bad that we got dobbed in for having a lemonade and food stand,” Kaden said.
“We’re not doing anything wrong.”
Live and let live
Brisbane Lord Mayor Adrian Schrinner told 612 ABC Brisbane that the council would not be taking the complaint any further.
Schrinner said an anonymous resident had sent a complaint to Queensland Health, which in turn asked the council to investigate.
However, Schrinner said they would be following a “live-and-let-live” policy in this instance.
“Technically by the letter of the law, you can’t just do that, but my view is – c’mon, let’s not complain about kids selling cupcakes,” he said.
“The state government does set the rules when it comes to food safety. Yes, those rules exist for a reason, but in this case, let’s not go over the top in terms of a response.
“I’m not suggesting people break the law, but the reality is we’ve got to have a bit of flexibility here.”
Stothard said she was pleased that her children would be able to continue their cupcake stand.
– ABC