Do I need an approval?
When you need an approval
The following activities require an approval from Council:
Commercial use of local government controlled areas and roads means the use of a local government controlled area or road for soliciting or carrying on the supply of goods and services (including food and drink) for profit.
If the activity involves the use of a state government controlled road, approval will be required from both Council and the Department of Transport and Main Roads.
When you do not need an approval
The following activities do not require an approval from Council:
- a business on part of a road if the person carrying on the business is authorised by an approval under the Land Act 1994 to occupy the relevant part of the road for carrying on the business
- use of a road for a particular purpose if the use constitutes development under the Planning Act
- the provision of a public passenger service under the Transport Operations (Passenger Transport) Act 1994.
- a business that a person is authorised to carry on under the Transport Infrastructure Act 1994
- operation of a temporary entertainment event
- undertaking a regulated activity on a local government controlled area or road where the activity is the holding of a public place activity
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 is not required for a roadside vending approval.
- 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 $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.
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
There are no transfer provisions for this approval, follow the above approval process for a new application if you are taking over an existing roadside vending business.
Process for making changes
If you need to amend details on your approval, contact Council. Changes to the location of your site will require a new application with Council.
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.