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 just the Douglas Shire policy on this activity. Mobile food vehicle licences are valid for all local government areas in Qld – Local Laws generally govern roadside vending operations and these may vary in each Local Government area.

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 everything is conducted 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 and be licenced at that location 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 go all over Qld with your van, as long as it is registered, however each local government has their own requirements and restrictions as to where you can and cannot operate. If you are planning to operate the food business out of the truck somewhere in the Douglas Shire other than the Port Douglas or Mossman markets, please contact us to discuss this if this is part of your proposal or supply the details and our Environmental Health Officers will be happy to provide further information.

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

Complete the Fit-Out Application form EHF1 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 will advise of any outstanding requirements that need to be attended to 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

Mobile food vehicle licences are valid for all local government areas in Qld – Local Laws generally govern roadside vending operations and these may vary in each Local Government area.