Do I need an approval?
When you need an approval
The following activities require an approval from Council:
Anyone selling or supplying goods from a public place, road, roadside or reserve needs an approval. This includes selling or supplying from a stall, booth, stand, table, food van or food truck. A local law permit is required for both roadside stalls and mobile itinerant vending vehicles.
Some examples include but are not limited to
- roadside flower seller
- roadside seafood, fruit or vegetable seller
- mobile pie or smoko van
- mobile ice cream van
When you do not need an approval
The following activities do not require an approval from Council:
A food vendor selling food on private property. For example, a smoko van that visits private property in a commercial precinct to sell food. In this example even though the smoko van doesn’t require a roadside vending permit it may still require a licence as a mobile food van.
How to apply
To apply for a Roadside Vending approval, you will need to submit a complete application to Council. The following information will assist you in ensuring your application is complete and that you consider other applications that may be required for your business.
- Do you intend to or already sell food? If so, refer to the food business licensing information.
- Do you intend to, or already have any advertising signs/devices erected? If yes, refer to the advertising signs information.
- Do you intend to, or already discharge trade waste to Council’s sewer system? If yes, contact Council.
- If you are registering a new business name you will need to contact the Australian Securities and Investments Commission (ASIC).
You may need to submit a site plan with your application.
Public Liability Insurance
You must take out public liability insurance to a minimum value of $20 million and name Council as an interested party. A copy of this document must be submitted before your application is given approval.
You should also research all options regarding your other business insurance requirements.
How to submit an application
Applications can be submitted (with the relevant fee) in person at Council offices or by surface mail.
The applicant for a licence 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 licence holder.
Process for new roadside vending
- You are responsible for ensuring the roadside vending approval application is complete.
- You will be contacted should additional information be required to process the application.
- You will be notified when a decision has been made regarding your application.
- When approved, you can then carry out roadside vending in accordance with the approved application.
- Council will inspect the site on a regular basis.
Process for taking over existing roadside vending
Process for making changes
- As a new operator you are responsible for ensuring the application for transfer of licence/permit is complete.
- You may apply for a search to confirm that there is a current approval and to ascertain the current level of compliance. This process may require written permission from the vendor.
- Alterations to the site may require Development and or Building Approval. Contact Council prior to the lodgement of your application as plans may be required.
- You will be contacted should additional information be required to process your application.
- When approved and there are no alterations to the premises, you can commence operation. If you are undertaking alterations to the premises you must contact Council for an inspection to check compliance with development approval conditions. When approved, Council will issue your approval allowing you to commence operations.
- Council will inspect the premises on a regular basis.
How to comply
Your council does not have any specific information on roadside vending.
Regulation (Inspection process)
Council is required to monitor roadside vending and this is achieved through a routine inspection program.
If you are conducting roadside vending you must have a current approval and comply with the conditions on your approval.
If you have difficulty complying, contact Council.
Failure to comply with your approval conditions may result in one or more of the following enforcement actions:
- a warning notice being issued
- a legal notice being issued requiring action to be taken or work to be conducted
- prescribed infringement notice (PIN) or on-the-spot fine
- suspension of an approval
- cancellation of an approval
- seizure of roadside vending items
Council has a duty to investigate and respond to complaints received.
A complaint may result in an inspection of your operations to ensure you are complying.
You will be notified prior to the expiration of your current approval.
If you need to amend details on your approval or require a copy of your approval, contact Council.