FAQs

As a result of proposed new amendments to the Local Government Act 1999, all specific provisions in the Act and the General Regulations in respect to Mobile Food Vendors (MFV) will be removed.

These amendments remove the:

• requirement for Councils to issue a permit to a mobile food vendor business consistent with their Location Rules.
• requirement for Councils to prepare and adopt rules setting out locations within the council area in which MFV may operate;
• requirement for a permit relating to a MFV business to be subject to conditions that are consistent with the council’s location rules;
• offence associated with a breach of a permit for a MFV business; and
• special statutory rules relating to cancellation of a permit for a MFV business.

The Roadside Trading Policy which was last reviewed in April 2018 and adopted on 1 September 2018 achieved the following:

1. established how applications are to be assessed and permits issued for mobile food vendors.
2. permit system intended to guide how public road verges are to be used for business purposes.
3. ensure an appropriate balance between the interests of the Council, street traders, residents of the Adelaide Hills Council, and visitors to the Adelaide Hills region.

Eight pre-approved locations were endorsed for mobile food vendor businesses to apply to operate from. These being:

• Upper Sturt Dog Off Leash Area, Upper Sturt
• Tregarthen Reserve, Summertown
• Centennial Park, Lenswood
• Evelyn Halliday Reserve, Stirling
• Bridgewater Playground, Bridgewater
• Gilman Road Parking Bay, Oakbank
• Paracombe Oval, Paracombe
• Lion Rest Park, Woodside.

As a result of proposed new amendments to the Local Government Act 1999, Council has reviewed the Roadside Trading Policy and in particular the pre-approved sites. It has been determined that the following amendments to the pre-approved sites should be made:

1. Tregarthen Reserve, Summertown and Centennial Park, Lenswood will be assessed on a case by case basis, as these locations are declared “highways” and not public roads. Any permit on these roads requires the approval of the Department of Infrastructure and Transport as well as Council.
2. The approved sites at “Upper Sturt Dog Off Leash Area” and Evelyn Halliday Reserve, Stirling do not sit within the road verge area, but on Council owned land, and thus do not fall under Section 222 of the Act and should be removed.
3. The Bridgewater Playground approved site is partially located on Crown Land and requires the consent of the Crown Land Department for every permit approval and should be removed
4. The Lion Rest Park in Woodside will no longer be able to be utilised for mobile food vendors due to development on the adjacent land and the area being required for street access and egress and should be removed.

Given the above, out of the 8 pre-approved locations only 4 will remain:

1. Gilman Road Parking Bay, Oakbank
2. Paracombe Oval, Paracombe
3. Tregarthen Reserve, Summertown
4. Centennial Park, Lenswood

Under the current location rules, mobile food vendor businesses are not permitted in township areas (except for approved events) due to the potential conflict with local business however consideration to locations other than the approved locations is available.

If a mobile food vendor seeks an alternate site (outside of the approved sites), this would be assessed by administration staff in the first instance before being brought to Council for a decision.