THE USE OF PUBLIC ROADS FOR BUSINESS PURPOSES POLICY (Mobile Food, Icecream Vendors & Roadside Trading)

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1 THE USE OF PUBLIC ROADS FOR BUSINESS PURPOSES POLICY (Mobile Food, Icecream Vendors & Roadside Trading) ADOPTED BY COUNCIL 9 MARCH POLICY PURPOSE The purpose of this policy is to ensure that no person uses public roads for business purposes unless authorised to do so by a permit issued by Council and that such authorised use is conducted in such a manner that supports the principles of free trade without compromising the safety and health of the general community. 2. PRINCIPLES This policy will be developed and executed in accordance with the requirements of the Local Government Act This policy relates to but is not limited to, the operation of food vending vehicles and roadside traders. 3. BACKGROUND In the past ice cream vendors were issued a permit to operate within the Mid Murray Council area. Roadside traders have also from time to time been authorised to trade in specific locations. This policy has been developed to incorporate all mobile food vendors and roadside traders e.g. ice cream vans, food vans and roadside food vendors. The policy contains general conditions and specific requirements for each activity. This policy does not apply to the selling of goods from private property adjoining roadsides nor does it apply to farm gate sales. 4. POLICY OBJECTIVES To ensure that any business activities on public roads are carried out in an orderly and appropriate manner. To effectively control the operation of business activities on public roads in respect to public, environmental health and food safety issues. 5. LEGISLATION AND REFERENCES Section 222(1) of the Local Government Act 1999 provides that a person must not use a public road for business purposes unless authorised to do so by permit. This policy determines the manner in which public roads may be used for business purposes pursuant to Section 222 of the Act

2 6. DEFINITIONS AND PROCEDURES Interpretation In this Policy, unless the contrary intention appears Council means the Mid Murray Council Permit Holder means the operator of the approved business activity to which the permit refers Road means a public or private street, road or thoroughfare (inclusive of all section of road reserve) to which public access is available on a continuous or substantially continuous basis to vehicles or pedestrians or both and includes a bridge, laneway or walkway. Permits (a) (b) A person must not use a public road for business purposes within the area of the Mid Murray Council unless authorised to do so by permit issued by Council. A permit may grant rights of exclusive occupation in relation to part of a public road and may be granted for a particular occasion or for a term stated in the permit. Application for a permit must be made in writing, in a form as determined from time to time by Council and accompanied by the required application fee. Inspection Before a permit can be issued for any vehicle intended to be used for business purposes on public roads within the area of the Mid Murray Council an application must be submitted to Council, and an authorised officer of Council must examine the respective vehicle. A permit may be issued only if Council is of the opinion that the vehicle or structure is fit for the purposes for which the permit is sought and subsequently approves the application. Issue & Cancellation of Permit Permits issued pursuant to this policy: (a) (b) Shall be in a form as determined from time to time by Council and may have general and specific conditions, attached thereto. Shall remain in force for such time as stated within the permit and will expire on the 30 September each year

3 Issue & Cancellation of Permit Cont d (c) May be revoked by Council if it is satisfied that the vehicle or other structure is not fit for the purpose for which the permit was issued or that the holder of a permit breaches any condition of such permit or if public liability insurance is not current. However, before Council cancels a permit, Council must give the holder of the permit a written notice of the proposed cancellation stating the grounds on which it proposes to act and allow the holder a reasonable period to make written representations to the council on the proposed cancellation. Council must then consider any representations made in response to the notice. N.B. The period allowed under this clause must be at least one month unless Council determines that a shorter period should apply to protect the health or safety of the public, or otherwise to protect the public interest. Permit Fee Council shall not issue a permit until it has received payment of the appropriate permit fee as determined by Council. If any permit is issued for a period of less than twelve months, the fee shall be the sum of one twelfth of the annual fee payable for each calendar month of the duration of the permit. Council at its discretion can reduce or waive the permit fee on request of the applicant. GENERAL CONDITIONS The following general conditions apply to all permits issued pursuant to the Mid Murray Council The Use of Public Roads for Business Purposes (Mobile Food, Ice Cream Vendors and Roadside Trading) Policy. 1. Indemnification and Release 1.1 The Permit Holder agrees to indemnify the Council from and against all actions, costs, claims and damages, which may be brought or claimed against the Council arising out of or in relation to the granting of this Permit. 1.2 The Permit Holder agrees to release the Council from any liability or claim resulting from any accident, damage or injury occurring in the Area. 1.3 The Permit Holder agrees that the Council will have no responsibility or liability for any loss or damage to the Permit Holder s fixtures or fittings or personal property. 2. Public Risk Insurance The Permit Holder must take out and keep current a public risk insurance policy in the name of the Council and the Permit Holder. The policy must insure for the maximum amount of TEN MILLION DOLLARS ($10,000,000) per claim and must cover injury, loss or damage to persons or property arising out of the activity carried out under this Permit or the granting of this Permit by the Council

4 GENERAL CONDITIONS CONT D 3. Disclosure and Evidence of Policy 3.1 The Permit Holder must not commence trading until evidence of the public risk insurance policy is given to the Council. The policy must bear an endorsement from the Insurer indicating the Insurer accepts the indemnity given by the Permit Holder. 3.2 A copy of the policy and evidence of payment of the premium must be provided to Council before the Permit is effective. 4. Standards During the period in which this Permit is current the Permit Holder must comply with any applicable industry or health and safety standards. The Permit Holder must ensure that the activity permitted to be carried out by this Permit is conducted in a safe and responsible manner. 5. Permit Not Transferable This Permit is not transferable. 6. Compliance with Statutory Requirements 6.1 The Permit Holder must comply with any Act of Parliament, regulation or by-law relating to the use of the Area. 6.2 Wherever there is any cost involved in complying with the preceding requirement, the Permit Holder will be responsible for payment of those costs. 7. Authorised Use The Permit Holder is not to use or allow the Area to be used for any purpose or activity other than that authorised by this Permit. 8. Notification of Damage 8.1 The Permit Holder must take all reasonable precautions to avoid damage to the Area and any improvements and structures located in the Area. The Permit Holder must immediately notify the Council of damage to the Area or any Council owned property located within or adjacent to the Area. 8.2 The Permit Holder must repair any damage and reinstate the Area at its own expense caused by its use or misuse of the Area to the reasonable satisfaction of the Council. 9. Alterations The Permit Holder may not alter or remove any of the existing fixtures and fittings within the Area nor install any structures or items within or adjacent to the Area without the Council s prior approval

5 GENERAL CONDITIONS CONT D 10. Breach 10.1 If the Permit Holder breaches a provision of this Permit, the Council may give the Permit Holder written notice to remedy the breach and the notice will indentify that failure to remedy the breach will result in cancellation of the Permit If the Permit Holder fails to remedy the breach within a time specified in the Council s notice then, the Council may cancel this Permit Before the Council cancels this Permit pursuant to Clause 10.2 of this Permit the Council will give the Permit Holder written notice of the proposed cancellation stating the ground which the Council proposes to act and allowing the Permit Holder one (1) month to make written representations to the Council on the proposed cancellation and the Council will consider any written presentations made in response to the Council s notice given pursuant to this Clause 10.3 of this Permit The Council will, within one (1) month after receiving any written representations pursuant to Clause 10.3 confirm in writing to the Permit Holder: that the Council is satisfied by the Permit Holders written representations that the breach can be remedied by the Permit Holder (to the Council s satisfaction) and this Permit will not be cancelled; or that the Council will cancel this Permit effective immediately The Council may determine that the period, allowed under Clause 10.3 of this Permit, to the Permit Holder to make written representations to the Council on the proposed cancellation, shall be less than one (1) month to protect the health or safety of the public of otherwise to protect the public interest. 11. Execution of Permit This Permit will not be effective until the Permit Holder has received a copy of the Permit signed by the Council. 12. Contractual Rights Only 13. GST Unless specified this Permit does not confer on the Permit Holder any exclusive right, entitlement or interest in the Area. The amount payable for any supply made under or in accordance with this Permit shall be increased by the GST imposed on or in respect of that supply. Supply means a taxable supply as defined in A New Tax System (Goods and Services Tax) Act

6 GENERAL CONDITIONS CONT D 14. Permit Availability A copy of the Permit issued by Council must be available for inspection at all times when trading. 15. Occupation of Food Vehicle Sleeping in or overnight occupation of any food vehicle authorised by this Permit is prohibited. 16. Miscellaneous General Conditions 16.1 The Permit Holder, its agents and servants are only to operate between 10.00am and sunset, or 8.00pm, whichever is first This Permit does not authorise the Permit Holder to conduct the activity authorised by the Permit upon reserves or parks within the Area The Permit Holder, its agents or servants, shall not operate within one kilometre of existing shops selling similar food products within the Area All waste generated from an activity authorised by Permit under this Policy shall be contained and removed on completion of trading

7 SPECIFIC CONDITIONS FOR ICE CREAM VEHICLES (PACKAGED ICE CREAM) In addition to general conditions of this policy, the following specific conditions apply to the selling of packaged ice cream and associated products from a vehicle: 1. The vehicle shall have the Permit Holder s name and address conspicuously marked thereon. 2. The vehicle must be designed and constructed to protect food from being contaminated during transport. 3. The walls and ceiling of the vehicle must be able to be effectively cleaned and to the extent that is practicable, be unable to provide harbourage for pests. 4. The floor of the vehicle must be able to be effectively cleaned; be unable to absorb grease, food particles or water; and to the extent that is practicable, be unable to provide harbourage for pests. 5. Adequate refrigeration must be provided for the storage of ice cream and ice confection. 6. All fixtures, fittings and equipment within the vehicle must be designed, constructed, located and installed so that there is no likelihood that they will cause food contamination; they are able to be easily and effectively cleaned; are made of materials that will not contaminate food; and to the extent that it is practicable, they do not provide harbourage for pests. 7. The vehicle and its fixtures, fittings and equipment are not to be used for any other purpose and shall be kept clean. 8. The following noise control provisions shall apply: (a) (b) (c) (d) (e) (f) Any compressor unit or generator should not exceed 45dB(A) when measured at 7 metres from the unit. The use and broadcast of chimes or bells or recorded music is permitted providing the noise emitted does not exceed 60dB(A) when measured at 7 metres from the unit. Chimes, bells or recorded music should be used only between the hours of operation as stated in the permit. Chimes, bells or recorded music shall not be used for any more than 10 seconds on any occasion. Chimes, bells or recorded music shall not be used more frequently than twice within any 1 minute time period. Chimes, bells or recorded music shall not be used when the vehicle is in a stationary position. 9. The Permit Holder, its agents or servants, shall not linger or loiter in the Area, nor occupy any fixed stand therein (unless so authorised), but shall, except when actually serving a customer, keep moving along the street or road on the side thereof situated left hand at a walking pace of not less than two kilometres per hour, and shall not travel the same route more than once within the period of one hour. 10. The vehicle is to display a sign at all times, warning of children likely to be in the vicinity. This sign is to be clearly readable at a distance of 50 metres from the vehicle

8 SPECIFIC CONDITIONS FOR ICE CREAM VEHICLES (UNPACKAGED ICE CREAM) In addition to general conditions of this policy, the following specific conditions apply to the selling of unpackaged ice cream (e.g. soft serve) and associated products from a vehicle: 1. The vehicle shall have the owners name and address conspicuously marked thereon. 2. A sign is to be displayed on the rear of the vehicle in a visually unobstructed location stating CAUTION CHILDREN, DRIVE SLOWLY. The lettering is to be not less than 150mm in height, red in colour on a white background and to be clearly legible. 3. The internal surfaces of walls, ceilings, doors, sliding partitions and those parts of walls formed by built-in fittings must be finished so as to provide a smooth even surface; be unable to absorb grease, food particles or water; be able to be effectively cleaned; and to the extent that is practicable, be unable to provide harbourage for pests. 4. The floor of the vehicle must be constructed of materials that are able to be effectively cleaned; are unable to absorb grease, food particles or water and finished in such a manner that to the extent that is practicable, be unable to provide harbourage for pests. 5. All intersections of walls with floors must be coved to a radius of 25mm and be effectively sealed. 6. All fixtures, fittings and equipment must be designed, constructed, located and installed so that there is no likelihood that they will cause food contamination; they are able to be easily and effectively cleaned; and to the extent that is practicable, they do not provide harbourage for pests. 7. The area of all serving openings must be designed to assist in excluding dust, fumes and insects. 8. A fixed hand basin of a size that allows easy and effective hand washing must be provided and supplied with soap and disposable paper hand towels and be clearly designated for the sole purpose of washing hands, arms and face. 9. An adequate sized fixed sink unit should be provided for the cleaning of utensils and other equipment. 10. A mechanical or electric pump shall supply both the hand basin and sink with potable water from an adequately sized supply tank fitted to the vehicle. 11. Waste water is to be piped to a properly installed waste water sealable vessel/sump, suitably vented to the outside of the vehicle. The vessel/sump is to be of greater capacity than the supply tank and be capable of being easily emptied. 12. Adequate refrigeration must be provided for the storage of ice cream and ice confection

9 SPECIFIC CONDITIONS FOR ICE CREAM VEHICLES (UNPACKAGED ICE CREAM) CONT D 13. The vehicle and all fixtures, fittings and equipment must be kept clean at all times. 14. A waste receptacle with a close fitting lid and disposable plastic liner shall be provided in the vehicle for the temporary storage of rubbish. 15. The vehicle is not to be used for any other purpose. 16. The following noise control provisions shall apply: (a) (b) (c) (d) (e) (f) Any compressor unit or generator should not exceed 45dB(A) when measured at 7 metres from the unit. The use and broadcast of chimes or bells or recorded music is permitted providing the noise emitted does not exceed 60dB(A) when measured at 7 metres from the unit. Chimes, bells or recorded music should be used only between the hours of operation as stated in the permit. Chimes, bells or recorded music shall not be used for any more than 15 seconds on any occasion. Chimes, bells or recorded music shall not be used more frequently than three times within any 5 minute time period. Chimes, bells or recorded music shall not be used when the vehicle is in a stationary position. 17. The Permit Holder, its agents or servants, shall not linger or loiter in the Area, nor occupy any fixed stand therein (unless so authorised), but shall, except when actually serving a customer, keep moving along the street or road on the side thereof situated left hand at a walking pace of not less than two kilometres per hour, and shall not travel the same route more than once within the period of one hour. 18. The vehicle is to display a sign at all times, warning of children likely to be in the vicinity. This sign is to be clearly readable at a distance of 50 metres from the vehicle

10 SPECIFIC CONDITIONS FOR MOBILE FOOD VANS (EXCLUDING ICE CREAM VANS) In addition to general conditions of this policy, the following specific conditions apply to the selling of food products from a vehicle: 1. The vehicle shall have the owners name and address conspicuously marked thereon. 2. The internal surfaces of walls, ceilings, doors, sliding partitions and those parts of walls formed by built-in fittings must be finished so as to provide a smooth even surface; be unable to absorb grease, food particles or water; be able to be effectively cleaned and if necessary, sanitised; and to the extent that is practicable, be unable to provide harbourage for pests. 3. The floor of the vehicle must be constructed of materials that are able to be effectively cleaned; are unable to absorb grease, food particles or water and finished in such a manner that to the extent that is practicable, be unable to provide harbourage for pests. 4. All intersections of walls with floors must be coved to a radius of 25mm and be effectively sealed. 5. All fixtures, fittings and equipment must be designed, constructed, located and installed so that there is no likelihood that they will cause food contamination; they are able to be easily and effectively cleaned; and to the extent that is practicable, they do not provide harbourage for pests. 6. The area of all serving openings must be designed to assist in excluding dust, fumes and insects. 7. A fixed hand basin of a size that allows easy and effective hand washing must be provided and supplied with soap and disposable paper hand towels and be clearly designated for the sole purpose of washing hands, arms and face. 8. An adequate sized fixed sink unit should be provided for the cleaning of utensils and other equipment. 9. A mechanical or electric pump shall supply both the hand basin and sink with potable water from an adequately sized supply tank fitted to the vehicle. 10. Waste water is to be piped to a properly installed waste water sealable vessel/sump, suitably vented to the outside of the vehicle. The vessel/sump is to be of greater capacity than the supply tank and be capable of being easily emptied. 11. All potentially hazardous food must be stored under temperature control (below 5 degrees Celsius or above 60 degrees Celsius). 12. The vehicle and all fixtures, fittings and equipment must be kept clean at all times. 13. A waste receptacle with a close fitting lid and disposable plastic liner shall be provided in the vehicle for the temporary storage of rubbish

11 SPECIFIC CONDITIONS FOR ROADSIDE TRADING In addition to general conditions of this policy, the following specific conditions apply to roadside trading (food products): 1. The site/sites for roadside trading shall be approved by Council prior to the issue of the permit and the commencement of trading. 2. Trading shall only occur at approved sites. 3. The Permit Holder, its agents and servants are only to operate between 10.00am and sunset, or 8.00pm, whichever is first. 4. Roadside trading sites are to be restricted to sites within a 60 km or less speed zone. 5. The Permit Holder or his or her agent shall be onsite at all times during trading. The vehicle/structure shall not be left unattended at any time. 6. Any vehicle/structure used for roadside trading shall be approved by Council. 7. All waste generated by roadside trading shall be contained and removed at completion of trading. 8. No signage other than approved signage adjacent to the vehicle/structure is allowed

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