Using Council Land

The installation of advertising devices means the temporary installation, erection or display of an advertising device that is visible from a road or other public place.

Download the Application for a Permit for an Advertising Device (PDF 411.3KB) and submit to council with the required supporting information detailed on the form.  Payment of the applicable fee will also be required before the application can be assessed for approval.

The types of 'goods' which may be permitted to be displayed for sale on a footpath include:

• wares;
• merchandise;
• stone;
• timber;
• metal;
• fluid; and
• any other article, substance or material and also includes an animal.  

Download the Application for Permit for Use of Footpath (Commerical Use) (PDF 885.9KB) and submit to council with the required supporting information detailed on the form.  Payment of the applicable fee will also be required before the application can be assessed for approval

Businesses can acquire a permit to place tables and chairs on Council footpaths for use by customers of their food business.

You do not need a permit to have customers eat and drink outside your food business premises if the outdoor area is  on private property. For example, food premises within shopping centres do not need a permit if the area used is owned by the shopping complex.

Download the Application for a Permit for Use of Footpath (Commerical Use) (PDF 885.9KB) and submit to council with the required supporting information detailed on the form.  Payment of the applicable fee will also be required before the application can be assessed for approval

1. Introduction

Council supports Roadside Vending where it provides a positive benefit for the community, is supportive of fixed local businesses and products, and does not adversely affect the amenity of the area or environment.

Council aims to ensure that roadside vending does not impact on the viability of our commercial fixed business areas.

2. Legislation

Local Law No.1 (Administration) 2011 defines the “Commercial Use of Local Government Controlled Areas & Roads” as a “Prescribed Activity” (Schedule 2). The local law requires that a person obtain approval from the local government to undertake a “Prescribed Activity”.

Local Law No.1 (Administration) 2011 states in:

Section 6 (2) A person must not undertake the prescribed activity without a current approval granted by the local government

Any standing vehicle, stall, stand, tables or chairs (or both) set up or used in or on any local or state-controlled road for the purpose of, or connected with, the carrying out of any business requires approval from Council.

The Transport Infrastructure Act 1994 also requires a permit to conduct roadside vending on State Controlled Roads (SCR’s) from Department of Transport & Main Roads (TMR) or local government under an agreement with the TMR regional office.

3. Definitions

• Stationary Roadside Vending means an operator soliciting or carrying on the supply of goods or services (including food or drink) for profit in circumstances where –

1. The operator carries on the activity from
   1. A specified place; or
   2. A number of specified places; but
2. The activity is not footpath dining.

• Mobile Roadside Vending means an operator soliciting or carrying on the supply of goods or services (including food and drink) for profit in circumstances where-

1. The operator travels from place to place; and
2. The operator supplies the good or services to a customer in response to the customer waiving down the operator (e.g. ice cream vendor)

4. General Requirements

• A roadside vendor permit must be obtained from Council prior to trading;
• Public Liability Insurance of twenty million dollars ($20,000,000.00) in the name of the permit holder and nominating SDRC as an interested party for the period of approval – this cover must insure all structures within the road corridor associated with the business (e.g. advertising signs);
• The vehicle/stall cannot be located within the road reserve, must be at least ten (10) metres clear of the nearest traffic running lane and at least fifty (50) metres clear of the nearest intersection;
• A permit will be issued to a single individual for a single nominated vehicle at a single specified location. The vehicle must be registered in that individual’s name;
• Food vending (including fruit & vegetables) is to be conducted from a mobile registered vehicle &/or trailer only. The vehicle must be equipped with facilities as required by the Food Safety Standards and the vehicle must have regard for the environment and amenity of the area. The business must hold a food licence if required by state laws;
• There must be a public demand for the prescribed activity in respect of which the approval is sought;
• Mobile and standing stalls are to be kept in a state of good repair;
• Signage is not to be affixed to trees or Council property;
• Clearing of vegetation is not permitted;
• Pay expenses incurred by local government for rectifying any damage caused by the activity;
• Do not interfere with, paint, permanently mark, damage or remove any buildings, structures, fixtures, fittings or facilities provided by local government;
• Do not erect any permanent or temporary buildings, signs or structures upon the permitted activity area unless specifically permitted under the permit;
• Ensure the area is left in a clean and tidy condition, and litter and waste collected and removed. Provide a rubbish receptacle for customers;
• Do not engage in cleaning, maintaining or repairing any vehicle or other equipment except for emergency repairs;
• Comply with all legislation including the Public Health Act 2005, Food Act 2006, Workplace Health & Safety Act 2011, Environmental Protection Act 1994, Transport Infrastructure Act 1994, Transport Operations and Road Use Management Act 1995 as well as Council’s Local Laws and Subordinate local Laws;
• Ensure the activity does not adversely obstruct the movement of vehicles and pedestrians, cause a danger or nuisance to neighbouring residents or users of the road or property or interfere with existing services;
• Comply with all reasonable directions of an authorised person;
• All mobile vehicles, stalls and equipment must be removed at the end of the operations for the day;
• All waste water to be captured on site in a built for the purpose sealed tank and disposed of daily in an appropriate facility such as a caravan dump point.

5. Applications

Applications must include:

1. Details of the nature, time and place of the prescribed activity for which the approval is sought;
2. If the applicant wants to use a particular part of a local government-controlled area or road for serving food and drink or for other business purposes—a plan showing the relevant part of the local government-controlled area or road;
3. If the prescribed activity is to be operated from a site, stall or vehicle—specifications for the site, stall or vehicle which is proposed to be used in the operation of the prescribed activity;
4. Details of the name, street address, telephone number, facsimile number and email address of the person responsible for the operation of the prescribed activity;
5. A copy of the current registration certificate for each vehicle proposed to be used in the operation of the prescribed activity.

Details of the operation of the prescribed activity including:

1. if goods or services are to be supplied—the nature of the goods and services to be supplied; and
2. if the goods or services are to be supplied at particular times—the times during which the goods or services will be supplied; and
3. if goods or services are to be supplied—the method of sale of the goods or services; and
4. a copy of each policy of insurance of the applicant which relates to the operation of the prescribed activity; and
5. how the applicant proposes to dispose of waste, including waste water, generated by the operation of the prescribed activity; and
6. if signage is intended to be displayed – details of the signage and how the signage will be secured whilst displayed.