Selling food - Mobile food premises

Mobile shop means a vehicle (whether self-propelled or not) from which:

  • goods are offered or exposed for sale; or
  • goods may be ordered; or
  • services are offered for sale.

It does not include any vehicle:

  • from which food is sold for consumption in or at the vehicle; or
  • used for the purpose of transporting and delivering (ordered) goods

Operating a Mobile Food Premise

For advice on operating a mobile food premise, please contact the Council before proceeding. The following departments can assist:

  • Environmental Health Unit - For information on legislative requirements regarding mobile shops and Market/Event stall applications
  • Bylaws Officer - For advice on public place trading
  • Parks and Recreation - For advice regarding sites in parks or reserves and Council organised events

An operator needs to comply with the Public Places Bylaw and any other legislation. You should apply to the Bylaws Officer for a public place trader licence should you wish to trade in a public place or street that is under council control.

Applying for a Mobile Food Premises Licence

Please refer to Selling food – Businesses for guidance on registering a food business under the Food Act 2014.

Conditions of a Mobile Food Premises Licence

  • Licence must be displayed for inspection at any time while trading.
  • The licensee or operator shall, when requested by any Police Officer or authorised officer of the Council, alter his position or move from place to place on any road or public place as directed.
  • No mobile shop shall stop for the purpose of business within 200 metres of any shop then lawfully open for sale of similar goods.
  • No mobile shop is permitted to be operated for business on any public street or road:
    • Between the period half an hour after sunset on one day and 8.30am the following morning; or
    • Any other time when there is not sufficient daylight to render clearly visible a person or vehicle at a distance of 100 metres.
  • No mobile shop shall stand or operate within 50 metres of any intersection, or curve in the roadway where visibility could be reduced or restricted.
  • Council reserves the right to prohibit traders from carrying on business in any street or part thereof or the type of merchandise offered for sale.
  • Musical chimes or other audible devices may be operated. No such chimes or audible devices shall be operated within 300 metres of any place of worship while a service is in progress or any hospital or similar institution licensed under the Health Act 1956.
  • The licensee or operator shall remove any litter from the surrounding area of the mobile shop which has been generated by the activities of its operation.
  • The licensee is to supply a copy of written approval from a registered craftsman gasfitter, relating to an annual inspection of all LPG equipment.
  • The licensee or operator shall remove any wastewater that has been generated by their operation of the mobile shop. Wastewater is not to be discharged to any ground or public drain and is to be disposed of at an identified waste dump site, or as approved by an authorised Environmental Health Officer.