Mobile Food Vehicle Operation – Roadside Vending

Opportunities for roadside vending in the Douglas Shire are extremely limited due to the requirements of –

• The Department of Transport and Main Roads (DTMR) Road Safety Criteria
• Local Laws
• Council’s Roadside Vending Policy and approval by Council resolution

In addition, the majority of our parks and reserves, for example Rex Smeal Park, Market Park, and more, are State owned Trust Land reserved for a particular community purpose (e.g. recreation). The use of such land for ongoing commercial ventures would require ministerial approval from the State Government.

See the fact sheet in the tab on the left outlining the Douglas Shire Council’s policy on roadside vending

Roadside Vending in the Douglas Shire is mostly limited to markets and certain events only, such as Carnivale in May and Taste Festival in August.

It is important to note that this is the Douglas Shire Policy, different councils may have different policies. The Local Laws of each region will govern roadside vending operations which may vary in each Local Government area.

Any applicant wanting to undertake Roadside Vending on a State controlled road, must first seek
approval from the Department of Transport and Main Roads before making application to Council.

To contact the Department of Transport and Main Roads, go to

https://www.tmr.qld.gov.au/About-us/Contact-us.aspx/

To contact the Council to apply for a roadside vending permit, go to https://ablis.business.gov.au/service/qld/roadside-vending-approval-douglas-shire-council/32209

Mobile Food Vehicle Licence

If you are planning on preparing food inside a truck, vessel or other vehicle you may need a food business licence. To be eligible for a mobile food vehicle licence to sell food you must be able to conduct all food handling within a vehicle.

Food vans that are able to produce the foods they sell need only the one food business licence, if all foods are processed within the van. However, if your food van is purely for the sale of items and does not enable the foods to be prepared and cooked then you will need to acquire a commercial kitchen to manufacture the foods which will also need to be individually licenced as well. If you intend to erect an additional temporary marquee to supplement your van, you may also require a temporary licence for that marquee. Please contact us to discuss this if this is part of your proposal or supply the details as part of your Application for Plan Approval.

Mobile food vehicle licences are valid for all local government areas in Qld. Local Laws and DTMR govern roadside vending operations and these may vary in each Local Government area. You can operate your food van anywhere in Queensland (so long as it is legally registered) however, it is recommended that you review the Local Laws for each Local Government Region in which you wish to operate to ensure your compliance. If you are planning on operating a mobile food van within the Douglas Shire, other than the Port Douglas or Mossman Markets, please contact us the Environmental Health department on enquiries@douglas.qld.gov.au or 07 4099 9444 to discuss your plans.

Gas Compliance

Under Section 117 of the Petroleum and Gas (Safety) Regulation 2018, mobile food trucks are considered commercial vehicles and are therefore required to have their gas systems certified for compliance on an annual basis. A copy of the Guideline for Managing Gas Safety at Public Events is attached for your perusal. Ref section 4.2.1 – table 5 – Commercial Vehicle Guidance.

Proper installation and regular inspection of gas appliances are essential to ensuring the safety of you, your staff, fellow vendors, and event patrons. Non-compliant gas installations pose a serious risk and may result in fire, explosion, gas leaks, or other public safety hazards. Holding a current certificate confirms your installation meets the safety standards of AS/NZS 5601.1 (Gas Installations) and AS/NZS 1596 (Storage and Handling of LP Gas.

It is standard practice for Council’s Environmental Health Officers to request their sighting of your current gas compliance certificate, which must have be issued within the past 12 months, during routine food business inspections. Please ensure that a copy of your certificate is retained within your mobile food van and is provided to an authorised officer upon request.

Stage 1 – Prepare the Fit-out Application for your mobile vehicle (EHF1)

One of the first steps for you to complete when applying for your licence is to Complete the Fit-Out Application form EHF1 and pay the applicable fee.

When constructing a new mobile food premises, you must ensure that the design meets the requirements of the Food Safety Standards. Food safety begins at the earliest planning stages which is why it is important to get it right from the start.

Council will assess your kitchen fit-out design and provide you with advice on any additional requirements to ensure the fit- out complies with the food safety standards. Council will provide an approval with conditions which must be met prior to finalising the fit-out of your premises.

Stage 2 – Food Business Licence

Complete the food Licence Application form EHF2 and pay applicable fee. Once you obtain your approval for Fit-Out of a premises, if you have not already done so, you must apply for a food business licence and nominate a Food Safety Supervisor with the appropriate qualifications (see information on Food Safety Supervisors).

Stage 3 – Final Inspection

A final inspection will be carried out by an Environmental Health Officer who will advise of any outstanding requirements that may be needed prior to opening.

Council will organise a time with you to undertake a food safety inspection to determine the suitability of the premises.

If council determines that your application complies with the ​Food Act 2006 ​, you will be issued a food business licence certificate which will need to be displayed when you are operating.

The following are not eligible for a mobile food business licence:

• hot dog cart
• pizza oven on a box trailer
• ice cream cart
• vehicle where you stand outside to handle food