Stationary vehicle/stall and roadside vending (Brisbane) - Queensland

Service summary

This activity means the commercial supply of goods or services on a road. Roadside vending can involve travelling from place to place on a road and the waving down of the person operating the roadside vending by a customer (mobile roadside vending) or the activity being established in one place (stationary roadside vending). This approval does not apply to footpath dining activities.

Any stall, booth, stand tables or chairs (or both) or standing vehicle set up or used in or on any road for the purpose of or connected with the carrying on of any business requires an approval from council.

Itinerant vendors or any stall, booth, stand tables or chairs (or both) or standing vehicle set up or used in or on any road for religious, charitable, educational or political purpose do not require an approval from council.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Definition of terms

Business

means the commercial supply of goods or services (including food, drink or both) but does not include the commercial supply of goods or services for a religious, charitable, educational or political purpose.

Road

includes:

a state controlled road under the Transport Infrastructure Act 1994,
a mall,
a square,
court or other public place under the council's control that is declared under local law policies.

Road

Means:

  1. an area of land dedicated to public use as a road; or
  2. an area that is open to or used by the public and is developed for, or has as one of its main uses, the driving or riding of motor vehicles; or
  3. a bridge, culvert, ferry, ford, tunnel or viaduct; or
  4. a pedestrian or bicycle path; or
  5. a part of an area, bridge, culvert, ferry, ford, tunnel, viaduct or path mentioned in paragraphs (a) to (d); but does not include a state controlled road under the Transport Infrastructure Act 1994, or a public thoroughfare easement.

Eligibility requirements

To obtain this authority, you:
  • must ensure that zoning is appropriate
  • may require a recreational areas licence (see the council).

Local ward councillor's views to be obtained and taken into account.

Vendor to be seen to provide a useful community service to specific disadvantaged vehicle drivers or a useful community service at specified times.

Vehicle to be located to avoid traffic hazards and interruption to free traffic movement.

An application for a site on a declared main road is to be accompanied by a letter from the

State Department of Transport and Main Roads (Main roads and Traffic Division) indicating approval in principal of the proposal.

Any licence will be issued to a single individual for a single nominated vehicle at a single specified location only. (Vehicle must be registered in that individual's name).

Duration

Council determines the length of time this permit remains in effect. The permit is renewable.

Fees

Contact council to determine applicable fees.

Application

To apply you will need to complete the relevant application form and submit it to council with the appropriate fee.


Renew

Renewal of an existing licence involving changes in detail will be dealt with as for a new licence.


Transfer details

Transfer of ownership applications to be in writing and submitted with the appropriate fee.


Additional information

Purpose

The council regulates standing vehicles/stalls to:

  • provide for public safety and the safe movement of traffic
  • protect public and private property, roads and public places.

Standing vehicles

Please note that the State Government may soon stop all vehicles from standing on a road. Check with the council to ensure this practice is still permitted.

State controlled roads

The council cannot grant a permit for a state controlled road unless the Chief Executive of the Department that administers the Transport Infrastructure Act 1994 agrees in writing.

If you are operating on state-controlled roads, contact the Department of Transport and Main Roads for information on the State Government roadside vending policy.

Standard operating conditions

The following conditions apply to the operation of a standing vehicle:

  • council may delete, amend and add further conditions to suit particular cases
  • you should stand the vehicle or stall in the general position described in the permit
  • if you use a vehicle for the sale of food, you must ensure that the vehicle meets the requirements of the Food Regulation 2006 and maintain it in a condition satisfactory to the Director, Food Safety Policy and Regulation Unit, Department of Health
  • prior to obtaining the standing vehicle/stall licence, you must obtain a licence and registration under the Food Regulation 2006
  • you should display both your licence and the appropriate health licence in a clearly visible transparent holder at all times when conducting licensed activities
  • you should only store, display, and sell goods from the vehicle
  • you should mount all advertising signs on the vehicle in a way that will not create a traffic hazard
  • you must restrict your operation to daylight hours
  • you must provide adequate trash receptacles for customers and remove these by the end of days trading
  • you must keep the area in which the vehicle stands clean and tidy
  • you must position the vehicle at least 10 metres from the edge of the nearest traffic running land and at least 50 metres clear of the nearest intersection
  • you must comply with the requirements of all relevant council ordinances.

Applications for licences for standing vehicles will not be approved if:

  • site is located on a road to which abutting property is not permitted access
  • site near a school, shop or other approved standing vehicle or other approved outlet selling similar goods
  • use will create hazardous and / or nuisance situations
  • vehicle is located on a site where or at a time when the standing of a vehicle would be unlawful
  • site is outside the central traffic area and the vehicle cannot be located within the road reserve, at least ten (10) metres clear of the nearest traffic running lane and at least fifty (50) metres clear of the nearest intersection.

Standing vehicles in the central traffic area:

  • vehicle to be parked kerbside so that all custom is obtained from the footpath and none from the road
  • licence holder to obey all reasonable requirements of employees of the Kerbside Management Section
  • after granting of the licence, the licence holder to make suitable arrangements including payment of any further fees with the kerbside management section.

Roadside food vendors City, Fortitude Valley and Paddington suburbs:

  • a limited number of sites have been designated for this purpose.

Administering agency

Brisbane City Council

Local law(s) name

Brisbane City Council - Local Law 14 (Parking and Control of Traffic)

Contact details

Brisbane City Council

Operating address:
Library & Customer Centre, 266 George Street
Brisbane
Queensland 4000
Mailing address:
GPO Box 1434
BRISBANE
Queensland 4001

Phone:

07 3403 8888

Fax:

07 3403 9982

Supporting information

Disclaimer

The information contained on the Australian Business Licence and Information Service (ABLIS) web site, or via packages or other sources is intended for general guidance only.

To the full extent permitted by law, the Federal, State, Territory and Local Governments make no representations or warranties (expressed or implied) in relation to the information, including its accuracy, currency or completeness.

The business information provided does not constitute professional or legal advice, nor is the use of any third party resource an endorsement of the information contained, the associated organisation, product or service. It is recommended that you obtain appropriate professional and /or independent legal advice to ensure that the material provided here is relevant to your particular circumstances.

To the full extent permitted by law the Federal, State, Territory and Local Governments, their employees and agents do not accept any liability for any reason, including without limitation, liability in negligence, to any person for the general information which is provided herein, or in respect of anything, including the consequences of anything done, or not done, by any such person in whole or partial reliance upon the information.