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Overview

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Council regulates roadside vendors to ensure these activities are carried out in a safe manner for road users and pedestrians. This activity means the commercial supply of goods or services on a road. Roadside vending can involve travelling from place to place on a road and the waving down of the person operating the roadside vending by a customer (mobile roadside vending) or the activity being established in one place (stationary roadside vending).   This approval does not apply to footpath dining activities.

If your specific questions are not answered on this site, contact Council.
The applicant for an approval must be a legal entity, for example, person(s) or a company.
Note - a business name or shop name is not a legal entity and cannot be the approval holder.
The following activities require an approval from Council:
  • Itinerant vending (mobile roadside vending);  and
  • Standing stalls (stationary roadside vending)

       Itinerant vending

Anyone wishing to undertake itinerant vending (travelling from place to place on the road and being waved down by customers, eg ice cream vans) is required to hold a permit.  Standard permit conditions include:    

  • a licence under the Food Act 2006 (where relevant)
  • the permit holder must not sell on any Local Government land other than the road without prior approval
  • a 30cm x 20cm sign, with lettering 100mm min. shall be displayed on the drivers side door of the vehicle displaying the name, address, permit no and FOOD TRANSPORT VEHICLE
  • food vending is restricted to warming and heating of prepared food only. 
  • the permit holder must dispose of any waste (including waste water) generated as a result of the activity and ensure that it does not cause a nuisance
  • the permit holder must not vend on a road or public place within 500m of an existing business selling the same or similar product.
  • amplified sound is only permitted between 7am -7pm on a business day or Saturday, and 8am - 7pm any other day, and must not cause a nuisance. 

Standing stall

Persons wishing to set up a stall or vend from a vehicle on a Banana Shire Council roadside are required to hold a permit with Council. 

Council's Standard permit conditions include: 

  • permit holder must dispose of any waste generated as a result of the activity (including waste water) and ensure that it does not cause a nuisance
  • the site must be suitable from a traffic safety perspective and meet with reasonable aesthetic requirements
  • permit holder must hold public liability insurance of not less than 10 million dollars 

Vending on a main road will require approval from the Dept. of Transport and Main Roads.    Their website provides a number of information sheets on roadside vending on state-controlled roads, and contact details if you need further assistance. 

    

The following activities do not require an approval from Council:

This permit does not apply to the following activities, however other permits/approvals may still be required:

  • the provision of a public passenger service under the Transport Operations (Passenger Transport) Act 1994
  • a business on part of a road if the person carrying on the business is authorised by a permit under the Land Act 1994 to occupy the relevant part of the road for carrying on the business
  • a business that a person is authorised to carry on under the Transport Infrastructure Act 1994
  • using a road for a particular purpose if the use constitutes development under the Planning Act