Temporary Street Traders Permit

The applicant must agree to the following Terms and Conditions:

1. The Permit is issued in the name of the applicant and entity and cannot be transferred or leased to another person.
2. The Permit and associated Terms and Conditions must be available to be presented upon request to any officer of the City of Holdfast Bay.
3. A permanent business must maintain a minimum of 250 metres unless the vendor has a written agreement with the permanent trader and provides evidence of such to the Council.
4. Permit Holders of pre-approved locations

a) occupation of each site is per day on a first-in basis;
b) The permit can be used to trade at any of the pre-approved locations;
c) Permit Holders can only park at the pre-approved zones;
d) the approved number of parking spaces at each zone must not be exceeded;
e) The permit is valid for only one parking space;
f) parking spaces must not be reserved;
g) exclusive use of a parking space is not permitted;
h) vehicles must be of dimensions that enable them to easily park in a standard parking space of 2 metres wide and 6.0 metres long;
i) trading must only commence at sunrise and cease trading at sunset, as per times specified by the Bureau of Meteorology;
j) locations only allow for the food vending vehicle. No permanent or temporary structures or fixtures are permitted, including but not limited to umbrellas,
tables, chairs, signage;
k) serving area to be from the footpath side of the vehicle only, and vehicles must not require external power or water connection and be self-sufficient;
l) vehicles must not stay overnight;
m) towing vehicles are not permitted to remain on site.

5. The Permit Holder must effect and maintain at all times during the term of this permit a public liability insurance policy in the amount of twenty million dollars ($20,000,000.00) per claim or such other amount as the City of Holdfast Bay may reasonably require from time to time and such policy must:

a) be with an insurer and on terms approved by the City of Holdfast Bay;
b) be in the name of the Permit Holder and note the interest of the City of Holdfast Bay;
c) have no limit on the number of claims that can be made under it;
d) cover events occurring during the policy’s currency regardless of when claims are made;
e) note that despite any similar policies of the City of Holdfast Bay, the Permit Holder’s policy will be the primary policy; and
f) require the insurer to notify the City of Holdfast Bay if the policy is cancelled, varied or allowed to lapse.

The Permit Holder must not undertake any activity until the Permit Holder has provided to the City of Holdfast Bay a copy of the public liability insurance policy specified above. Evidence of the public liability insurance policy specified must be provided to the City of Holdfast Bay each time that the policy is required to be, and is, renewed.

Indemnity

The Permit Holder indemnifies and releases the City of Holdfast Bay from all liability arising from or in connection with the granting of this Permit, the use or occupation of the location, or the conduct of the Permit Holder’s business by the Permit Holder or any of the Permit Holder’s agents including:

a) any claim by any person for injury, loss or damage arising in any manner;
b) any loss or damage to any property belonging to the Permit Holder or other persons located in the vicinity of the location caused by the Permit Holder or the Permit Holder’s agent;
c) any loss, damage, injury or illness sustained or incurred by the Permit Holder or any of the Permit Holder’s agents;
d) any loss or damage resulting from the exercise of the City of Holdfast Bay’s power to suspend, revoke or alter this permit.

6. It is the Applicant’s responsibility to be aware of and comply with the South Australian Food Act 2001 and associated Food Safety Standards.

a) Food vendors must be notified under the Food Act 2001 with the local Council where they are permanently garaged/housed/located.
b) Food vendors operating from food stalls, e.g. marquees, trading at events, must comply with the Guide for the design and operation of a temporary food stall set-up.

7. Permit Holders must not distribute or supply single-use and other plastic products as required by the Single-use and Other Plastic Products (Waste Avoidance) Act 2020. Options for reusable or compostable alternatives to the banned items can be found here.

8. Designated parking areas, such as disabled, residential, taxi, loading, and bus zones, must not be used, and access to these areas must be maintained at all times.

9. Permit Holders must ensure their activities do not cause a nuisance and comply with the requirements of the Local Nuisance & Litter Control Act 2016, particularly in relation to noise, odours, smoke, and litter control.

10. Permit Holders must ensure the site is left in a clean and tidy condition. Where the City of Holdfast Bay must undertake cleaning as a result of mobile food vendor operations, the Permit Holder will be liable to reimburse the City of Holdfast Bay for the cost involved.

11. Permit Holders are responsible for making good any damage that, in the opinion of the council, that is caused by the activities of the Permit Holder. Trees and street furniture must not be utilised, obstructed, damaged or removed. Damage caused to the City of Holdfast Bay assets, including but not limited to footpaths, roads, reserves, trees, street furniture and infrastructure, will be the liability of the Permit Holder.

12. Repairs, replacements and reinstatements to any City of Holdfast Bay assets are required to be completed consistent with the applicable City of Holdfast Bay standards or guidelines at the Permit Holder’s expense.

13. Food vending vehicles and carts must be kept safe, well-maintained, and clean at all times and must not detract from the area's amenities.

14. The safety of adjoining buildings must not be compromised by restricting access or adding unreasonably to fire potential.

15. Council or the Event Organiser will allocate vendor sites for events, these sites must not be altered without prior approval.

16. All waste and litter (including liquid waste, wastewater and waste oil) must be contained and disposed of appropriately at the end of trading. It is an offence to dispose of any waste, litter or liquid waste on Council land and in the stormwater system.

17. Council does not provide waste services to Permit Holders.

18. Vehicles must be parked in a way that does not obstruct walk/bikeways and/or present a safety risk to the public or traffic.

19. All advertising must be fixed to the food vehicle and not encroach on the public realm.

20. Vehicles and hand-carts are to be suitably constructed for the type of activity and all equipment must be contained within vehicles and hand-carts and must not encroach on the footpath, road and other public land.

21. No alcohol is to be served by Food Permit Holders, except if approved by Council for an event.

22. Permit Holders must comply with the policies and processes for Food Vending and Commercial Vending. These policies and processes are subject to change at any time as Council deems appropriate.

23. The City of Holdfast Bay’s Environmental Health Officers have the right to inspect mobile food vehicles and carts.

24. Permit Holders must not disturb, harass, or annoy other people, street traders, business owners, residents, or visitors. They must also not prevent other Permit Holders and business owners from trading. Abusive, offensive, or indecent language or behaviour is prohibited.

25. The permit will be revoked if the Permit Holder fails to comply with any of these Terms and Conditions or as Council deems appropriate.

Temporary Street Trading involves the sale of food & beverages and non-food vending on council/public land.

There are various types of permits:

• Annual Mobile Food Vendor Event Permit Holders can trade at events within the City of Holdfast Bay. They MUST have approval from the event organizer to trade at each event they attend. Vendors will be placed on Council's Approved Vendor List to be considered by event organizers for future events. Permits are valid until the end of the financial year, regardless of when the application is made.
• Day Mobile Food Vendor Event Permit Holders can trade at a single-day event within the City of Holdfast Bay. They MUST have approval from the event organiser to do so.

• Jetty Road, Glenelg Trader Event Permits are only for for existing businesses along Jetty Road, Glenelg. There are no fees associated with this permit. Permits are valid until the end of the financial year, regardless of when the application is made.
  See map for inclusion zones.

• Jetty Road, Brighton Trader Event Permits are only for existing businesses along Jetty Road, Brighton. There are no fees associated with this permit. Permits are valid until the end of the financial year, regardless of when the application is made.
  See map for inclusion zones.

• City Mobile Food Vendor Permit - Pre-approved Locations The permit can be used to trade at any of the pre-approved locations. Occupation of each site is per day on a first-in basis. The maximum number of traders per site must not be exceeded. Vendors will be placed on Council's Approved Vendor List to be considered by event organisers for events within the City of Holdfast Bay. Quarterly and annual permits are available and are valid until the end of the financial year/financial quarter, regardless of when the application is made.
  See map for pre-approved locations.

• Hand-Cart Coast Park Vending Permits Permit holders may engage in the sale of prepackaged food and drink or an approved commercial/non-food activity in the designated zones. One(1) Hand-Cart Food Vendor and one (1) Commercial Vendor is permitted in each zone. Hand-Cart Coast Park Food Vendor Permits are valid until the end of the financial year, regardless of when the application is made. Hand-Cart Coast Park Commercial Vending Permits are issued on an ad-hoc, daily, monthly, or annual basis or as determined between the parties. See map for zones.
• Mobile Ice Cream Vendor Permits are for the primary purpose of selling ice cream or iced confection foods. Vans are permitted to stop to trade only as hailed by customers and primarily service residential homes. Trading along the Esplanade or within 250 metres of a fixed business is not permitted. There are four(4) zones available. Permits are valid until the end of the financial year regardless of when an application is made.. See map for zones.

Applications can be made at any time throughout the year. Please note the following:

• Annual Permits are issued from 1 July to 30 June with no pro rata, and the entire yearly amount is payable before trading commences.
• Quarterly Permits are issued at the beginning of each financial quarter with no pro rata, and the full quarterly amount is payable before trading commences.
• Day Event Permits are issued before the event, and the full daily amount is payable before trading commences.
• Commercial Vending Permits are issued on an ad hoc basis and may be issued daily, monthly, or annually or as determined between the parties.
• Council reviews Fees each year; please refer to the Fees and Charges Register.

• Temporary Street Traders who have notified in their garaged council area
• Fixed food business operators wanting to explore new opportunities

The approved locations will have a zone that the permit holders are able to trade within. There are no specific reserved parking spaces for vendors. Trading at each location is on a first come, first served basis. The approved number of parking spaces at each zone must not be exceeded.

No. Obtaining an Event Food Permit does not guarantee you the automatic ability to trade at events. The allocation of food vendors at events are at the event organiser’s discretion. All holders of the Annual Mobile Food Vendor Event Permit and the City Mobile Food Vendor Permit - Pre-approved Locations will be placed on Council's Approved Vendor List to be considered by event organisers for future events.

• Annual Mobile Food Vendor Events Permits - no restrictions on the number of permits granted.
• Day Event Food Permits - no restrictions on the number of permits granted.
• City Mobile Food Vendor Permits (Pre-Approved Locations) - Currently no restrictions on the number of permits granted; however, Council will monitor how many City Mobile Food Vendor Permits are granted and may place a limit on the number of permits issued in the future. Applicants are able to request the total number of permits issued.
• Hand-Cart Coast Park Vending Permits - One(1) Hand-Cart Food Vendor and one (1) Commercial Vendor is permitted in each zone.
• Mobile Ice-Cream Vendors - One (1) Mobile Ice-Cream Vendor per zone.

For City Mobile Food Vendor Permits (Pre-Approved Locations), vehicles must fit safely in one (1) standard car parking space. Serving area to be from footpath-side of the vehicle only. Vehicles and hand-carts must be suitably constructed for the type of activity undertaken and all equipment must be contained within the vehicles and hand-carts and must not encroach on the footpath, road or any other public land.

For Event permits, the event organiser will determine what type of set up is permitted.

Towing vehicles must not be parked attached to the food vending vehicle or in another car parking bay in the same zone. Only one car parking space is allocated for a permit holder.