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Mobile Food Vendors

MOBILE FOOD VENDOR GUIDELINES

Permission

Prior permission from Council is required in order to operate a Mobile Food Vending business within any area of the District Council of Yankalilla district, other than on privately owned land.

There are 3 options for obtaining permission:

  • Council supported Event Permit
  • Community Land Permit
  • Public Road Related Permit

Permission not required

The permission of Council is not required if:

  • The catering (by invitation) is for an event on community land or road related area where a permit has already been issued to the Event Holder in accordance with Council’s Event Permit Procedure.
  • A Mobile Food Vendor permit is not required for trading on privately owned land in accordance with the 5(2)(ab) in schedule 3 of the Development Regulations 2008.

On privately owned land, development approval is not required if the mobile food vendor can satisfy clause 5(2)(ab) in Schedule 3 of the Development Regulations 2008, which reads:

  • the use of any land or building for the display and sale of food produce if:
    • the total floor area of the display does not exceed 30 square metres; and
    • the use of the land for the display and sale of food produce does not have a significant detrimental effect on the amenity of the locality or any part of the locality.

Permission - Event

A Mobile Food Vendor operating on public land or public road as part of a Council supported event will be included within the Event Permit obtained from Council by the Coordinator of that event.

It is the responsibility of the Event Coordinator and the Mobile Food Vendor attending the event, to ensure that they have fulfilled their legislative obligations and any operational requirements stipulated by the Event Coordinator.

Permission – Community Land

A Mobile Food Vendor intending to operate from a portion of Community Land is required to lodge a formal proposal with Council requesting such use.

  • The proposal is to include:
    • A completed Food Business Notification (FBN) Form.
    • Images showing the Mobile Food Vendors vehicle registration number, design and branding.
    • Documented evidence of current Police clearance.
    • The period for which the permit is sought.
    • A copy of the Mobile Food Vendors current Public Liability insurance policy of at least $20,000,000.
  • The request is to be considered by the Council.
  • The Council is not obligated to provide consent.
  • The request is to be administered as a Permit.
  • The fee is set by Council for use of Community Land for business purposes, in accordance with Council’s Annual Fees and Charges.
  • Partial or full rebates for use of Community Land for mobile food vending purposes are not offered.

Permission – Public Road

  • A Mobile Food Vendor intending to operate from a Public Road is required to complete a Mobile Food Vendor Permit Application Form and lodge the application a minimum of 21 days prior to the commencement of the Permit.
  • The Council is prohibited from imposing a condition restricting the kind of food that may be sold.
  • The application must include:
    • A completed Food Business Notification (FBN) Form.
    • Images including the Mobile Food Vendors vehicle registration number, design and branding.
    • Documented evidence of current Police clearance.
    • The period for which the permit is sought.
    • A copy of the Mobile Food Vendors current Public Liability insurance policy of at least $20,000,000.
  • The Council is obligated to provide consent, subject to the Act and the Location Rules.

Mobile Food Vendor Permits

Please note this page provides information on the permits issued by Council with regards to Mobile Food Vendors operating in the District.  For either public roads or community land.

Obtaining a Permit

Complete this form and submit to council@yankalilla.sa.gov.au or mail to PO Box 9, Yankalilla, SA 5203.

Where can Mobile Food Vendors Operate?

Mobile Food Vendors can apply to operate on a public road as long as its operation does not unduly interfere with:

  • other vehicles (being driven or parking/standing on the roads)
  • parking areas for people with disabilities
  • bus, taxi or bike zones or lanes, and
  • road related infrastructure and infrastructure designed to give access to roads, footpaths and buildings

Mobile Food Vendors can apply to operate on Community Land and are to specify their permit requested under the Short-Term Use of Community Land Policy.

IMPORTANT NOTES: 

The District Council of Yankalilla has many areas which may be a popular option for Mobile Food Vendors, however are NOT PUBLIC ROADS and Mobile Food Vans are NOT permitted to operate there.

Mobile Food Vendors wishing to operate on Community Land are to obtain a Short-Term Use of Community Land permit from our Compliance Team.  The above application form will confirm permit fees.

To assist, the following popular areas are Community Land or Private Land:

  • Normanville Foreshore (Community Land)
  • South Car Park, Carrickalinga (Community Land)
  • North Bay Car Park, Carrickalinga (Community Land)
  • Rapid Bay Jetty Car Park (Community Land)
  • Cape Jervis Lookout (Private Land)
  • Cape Jervis - all parking and road areas around foreshore (Private Land)
  • Rapid Bay Camp Ground (Private Land)
  • Second Valley Foreshore Car Park (Community)
  • HMAS Hobart Lookout (Private Land)

Council is unable to issue a permit for business operations on private land (ie: HMAS Hobart Lookout, Cape Jervis Lookout)

Location Rules

Mobile Food Vans are NOT to operate WITHIN 500 METRES of a fixed, bricks and mortar food business whilst that business is open and operating.

What Requirements Must a Mobile Food Vendor comply with?

All Mobile Food Vendors must comply with the requirements under:

  • the Food Act 2001
  • the South Australian Public Health Act 2011
  • the Environmental Protection Act 1993
  • the Local Nuisance and Litter Control Act 2016
  • The Motor Vehicles Act 1959 and Road Traffic Act 1961
  • any law relating to gas or electrical installations/appliances, and
  • any other relevant law or provision relating to health, safety or the environment

Maps of District

Our location rules, along with the areas of community land and privately owned land in the area, clearly inform where the Mobile Food Vendors are not permitted to operate.

These maps are intended to advise of the land UNAVAILABLE to mobile food vendors as the land is either community land or private land.

Expiations

The Compliance Team will expiate any non-compliant Mobile Food Vans and Mobile Food Vans found to be, or to have been, operating:

  • within 500 metres of an open bricks and mortar food business
  • on Community land without a permit
  • on Private Land (non-compliant with land use)
  • are non-compliant to the permit conditions
  • are non-compliant with legislative conditions

If you are in doubt of whether the location you are using is covered under the permit you have - CHECK WITH OUR COMPLIANCE TEAM (if they are unavailable - move elsewhere until information obtained)

Contact Us

Any queries should be directed to The Compliance Team by email council@yankalilla.sa.gov.au or by phone on 8558 0200