A Brisbane mum has been left “flabbergasted” after receiving a stern letter from the local council, threatening fines over her children’s innocent lemonade stand.
The incident has sparked a heated debate, pitting childhood enterprise against bureaucratic red tape, and raising questions about the changing landscape of community and the age-old Aussie tradition of “dobbing in” a neighbour.
For many, the image of a child’s roadside stall evokes a sense of nostalgia, but for Kelly Stothard, it brought the harsh reality of council regulations to her doorstep.
Speaking to the ABC, Ms Stothard said she was astonished when Brisbane City Council informed her they’d received a complaint about “food being manufactured and sold” from her address without a food business licence.
The letter, delivered on a Monday, demanded she submit a food business licence application within 24 hours or face penalties.
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A Brisbane mum has been left “flabbergasted” after receiving a stern letter from the local council, threatening fines over her children’s innocent lemonade stand, which has sparked national debate about childhood enterprises. Source: Kelly Stothard
“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.
It further warned that “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.”
Ms Stothard expressed her disbelief that someone would go to such lengths to report her children.
“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 doorknocking 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.”
The Stothard family’s lemonade and bake stall. Source: Kelly Stothard
Her son, Kaden Heber-Stothard, confirmed the cupcake and lemonade stand was a collaborative effort by several neighbourhood children.
“I feel a bit bad that we got dobbed in for having a lemonade and food stand,” he said. “We’re not doing anything wrong.”
“Live and let live”: Lord Mayor steps in
In a swift and somewhat surprising turn, Brisbane Lord Mayor Adrian Schrinner publicly stated that the council would not be taking the complaint any further.
Speaking to 612 ABC Brisbane, Cr Schrinner revealed that an anonymous resident had initially sent a complaint to Queensland Health, which then prompted the council’s investigation.
Kids across Australia have long enjoyed setting up neighbourhood lemonade stands, including SA local Lachlan, who set up a stall at the TDU finish line in Nairne earlier this year. Picture: Eleni Tzanos
However, Cr Schrinner advocated for a “live-and-let-live” policy in this particular 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 asserted.
“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.”
The great lemonade stand debate
The incident has reignited a broader discussion across Australia regarding the legality and community acceptance of children’s roadside stalls.
Generally, operating a commercial lemonade stand on public land or a footpath in Australia requires a permit from the local council.
Regulations often necessitate registration under the Food Act for selling food or drinks, and trading on council land typically requires a specific permit.
The topic has sparked considerable debate on platforms like Reddit.
Many contributors admitted they had seen posts from eager mothers supporting their child’s first entrepreneurial venture on Facebook, with the general consensus being that “It would take a negative nancy to report this.”
Jesse Lane, who set up shop on an iconic Sydney coastal walk, was also forced to shut his entrepreneurial venture down in 2022.
Another user fired back, “Let a kid sell some lemonade. We always go to our local kids lemonade stall.”
Conversely, others raised legitimate concerns about food safety.
“Food safety isn’t something to scoff at,” one person lamented.
“It exists for a reason.”
The sentiment often boiled down to the observation: “It all depends on how NIMBY your neighbours are.”
One commenter shared a positive local experience.
“As long as the kid isn’t harassing people to buy the drink and you provide them with new disposable cups I don’t really see an issue with it. We have a kid in our area every Sunday morning who sells eggs that his chickens have laid each week. Gotta get in quick as he usually sells out within 20 minutes.”
A recurring Australian saga
Indeed, councils cracking down on children’s lemonade stands is not a new occurrence in Australia.
In 2022, a 12-year-old boy named Jesse Lane, who had set up shop on an iconic Sydney coastal walk, was forced to shut down his entrepreneurial venture.
Jesse had been selling drinks, snacks, and sunscreen in Coogee out of a tent for three years. While many saw the value in what he was doing, some locals complained, ultimately leading to the closure of ‘Jesse’s Shop’.
Randwick City Council confirmed to Yahoo News at the time that they had received “a number” of complaints about Jesse’s business.
Earlier that year, the council had told Jesse he would have to cease operations because he lacked insurance.
Jesse’s shop was shut after “anonymous” complaints.
Despite the determined 12-year-old submitting a formal application with insurance, the council officially rejected it.
Similarly, in 2014, an 11-year-old girl’s cupcake and lemonade stand was shut down by Bunbury city council officers in Western Australia over health and safety concerns.
Chelsea-lee Downes had established a roadside stall in the southwest city, selling homemade lemonade, cupcakes, and lemon meringue pie.
Her stepmother, Marissa, stated that Chelsea-lee was simply trying to earn some money before Christmas and was devastated when council staff closed the stall before it had even opened.
The council was alerted after the Ruderforths promoted the stall on social media several days prior to its set up, leading to a report from a member of the public.
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