Roadside Vending

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.

Do I need an approval?

When you need an approval

The following activities require an approval from Council:

The following activities require an approval from Council.

Anyone selling goods from premises or a vehicle to a person who has not contracted for the supply of goods. A local law licence 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:

No exemptions are applicable for this licence type.

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.

Development Approval

Related Applications

  • 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).

Forms

Application forms are available from Council or you can download here:

Application for Local Law Licence/Amendment/transfer

Plans

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 $10 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.

Council telephone, email, post and office location

Fees

  • Application fees are identified in the Application form

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

Legislation

Education

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.

Enforcement

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
  • prosecution.

Complaint management

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.

Renewal

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.