Council's Community Living Local Law Number 1 2018, clause 4.2 states:
A person must not, without a permit, on any road or Council land:
- erect or place a vehicle, caravan, trailer, table, stall or other similar structure for the purpose of selling or offering for sale any goods or services; and/or
- sell or offer to sell goods or services.
Itinerant Trading Permit
To apply for a permit to display Goods or Services or to operate as an Itinerant Trader on any road or Council land, please submit the following to Council:
- Completed application form
- Payment of the Application Fee
- $20 Million Public Liability Insurance Certificate of Currency
Itinerant Traders Policy
Once Council has received the completed permit application, an authorised officer will arrange a site visit to determine if the permit(s) can be approved. If approved, the permit(s) will be subject to a number of conditions, including, but not limited to:
- The permit holder must comply with the Itinerant Traders Policy at all times.
- Ensure the site and surrounding area is left in a clean and tidy condition.
- The permit holder pays to the Council all application and permit fees.
- All sales are to be made from the side of the food van facing the footpath only.
- Any power cords that may provide power to the food van be taped to the ground to prevent a tripping hazard (subject to Council approval).
- This permit does not cover advertising signage. If you wish to have signage on show, an Advertising Sign Permit must be applied for.
- The vehicle must not cause any obstruction or annoyance to any member of the public or vehicles. It must be positioned to the satisfaction of an Authorised Officer of the Council.
- The Permit Holder shall at all times during the agreed Permit Term;
- be the holder of a current Public Liability Policy of insurance in respect of the activities specified herein in the name of the Applicant providing coverage for a minimum sum of $20,000,000 (twenty million dollars or more); and
- supply Council with a copy of the current Certificate of Currency as evidence of the public liability insurance at all times; and
- if the Public Liability policy will expire during the Permit Term, supply Council with a reviewed Certificate of currency at least 5 working days prior to the expiry of the insurance kept by Council; and
- The Permit Holder must ensure that Council has a current certificate of currency (Public Liability) as proof of cover at all times during the agreed Permit Term;
- The Public Liability Policy shall be effected with an insurer approved by the Council.
- The Certificate of Currency will be the only document accepted as proof of insurance and must be attached / included with the permit application form.
- The Public Liability Policy shall cover such risks and be subject only to such conditions and exclusions as are approved by the Council. These conditions shall extend to cover the Council against all actions, costs, claims for personal injury, property damage, charges, expenses, penalties, demands and damages whatsoever which may be brought, made or claimed against them in connection with the Permit Holders performance or purported performance of its obligations under this Permit and be directly related to the negligent acts, errors or omission of the Permit Holder.
- The permit holder must have a current Food Vehicle Registration with a Council and have a copy of the registration with the food vehicle at all times.
- An Authorised Officer of the Council can at any time, change or withdraw any permit including if there are adverse reports from any agency (Victoria Police or VicRoads).
- The Council reserves the right to change any or all of these conditions including the addition of any other condition.
- Failure to comply with the requirement of a permit or of the conditions attached to the permit may result in an infringement notice being issued. The penalty for an infringement notice is 2 penalty units ($200.00).
- Power (if supply is approved) must be paid for at Welsford St office weekly.
- All permits will expire 30 June of that financial year unless cancelled or revoked earlier.
- The Permit is automatically cancelled if the date of expiry listed on any Certificate of Currency supplied to Council has lapsed.
- The permit in non-transferable and cannot be reassigned. In the event the business is sold or subleased, the permit becomes invalid and a new permit must be entered into.
Notice to Comply
If you have received a Notice to Comply from an authorised officer, please ensure that you complete the required work by the specified date. Failure to comply may result in legal action being taken including $200 on-the-spot infringements, court action, and any item may be impounded by Council. For more information, please contact Council.