Brisbane's lord mayor has called for common sense to prevail, despite the council threatening to fine a mother whose children set up a lemonade and bake stall on the city's northside.

Kelly Stothard was shocked to receive a letter from the council regarding a complaint about a "food business" operating from her Stafford Heights home after her three children and their neighbours held a weekend bake sale.

"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 reads.

"The operation of a licensable 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 it was "quite horrifying" to receive a letter threatening possible legal action.

Stafford Heights

"Three years ago, we had a lemonade stand and cupcake stand, and it was a very successful one. So when the children came to me again wanting to raise some money, I suggested we do another one," she said.

Stothard and her three children, Skye, 16, Savanna, 12, and Kaden, 10, spent a week planning and preparing for the weekend bake sale.

"I just think it's a rite of passage for kids to be able to hold a cupcake stall. It's especially important in this day and age because most children are at home on iPads and tablets and computers," she said.

Lord Mayor Adrian Schrinner said the council was forced to investigate after a resident made an anonymous complaint via Queensland Health's website.

"Who would complain about kids selling cupcakes or lemonade? Like, seriously? It's one of those things that we accept has always happened," Schrinner told ABC Radio on Wednesday morning.

Mayor Adrian Schrinner

"Good on the kids for actually being a little bit enterprising and trying to raise money here."

Schrinner conceded it was "technically" illegal to sell homemade cupcakes on the footpath, but "come on, like, let's not complain about kids selling cupcakes".

"It's our responsibility to remind people about what the rules are. Yes, those rules exist for a reason, but you know ... let's not go over the top in terms of a response.

"My view is live and let live here. No one's been hurt by this. Look, if someone had gotten seriously sick because of the cupcake, different story, but that didn't happen. Someone just dobbed on a kid and, you know, let's not do that."

Stothard was relieved to hear the lord mayor confirm no further action would be taken.

Food Act

"We did have a lot of support and positive feedback from this, so the chances are we will run something in the future," she said.

But next time, the family will consider selling plants or homemade wind chimes.

"We might change it up a bit," Stothard said.

Queensland's Food Act 2006 applies to the sale of food, including food sold from temporary stalls such as roadside lemonade or cupcake stands.

The Stothards' stall offered cupcakes, mini cupcakes, vanilla slice, brownies, jam drops and lemonade.

Why it matters

"Certain activities may be exempt from licensing requirements, including some non-profit fundraising events involving low-risk foods," a Queensland Health spokesman said.

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 wider picture

Retail decisions rarely happen all at once. What looks like a sudden change of direction is usually the visible end of months of testing, costing and quiet negotiation behind the scenes.

Key takeaways

  • Brisbane's lord mayor has called for common sense to prevail, despite the council threatening to fine a mother whose children set up a lemonade and bake stall on the city's northside
  • Kelly Stothard was shocked to receive a letter from the council regarding a complaint about a "food business" operating from her Stafford Heights home after her three children and their neighbours held a weekend bake sale
  • "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 reads
  • "The operation of a licensable 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 it was "quite horrifying" to receive a letter threatening possible legal action

What people ask

What should you know about Food Act?

Queensland's Food Act 2006 applies to the sale of food, including food sold from temporary stalls such as roadside lemonade or cupcake stands.

Why does it matter?

Look, if someone had gotten seriously sick because of the cupcake, different story, but that didn't happen.

What happens next?

next time, the family will consider selling plants or homemade wind chimes.

All told

None of this settles the wider question. It does make one thing harder to ignore: the pressure in the food industry has shifted, and others will have to respond to it.