Selling goods in a public space

To sell any goods from a stall, stand or vehicle in a public place, you will need Council approval. 

Examples of activities that require approval include: 

  • Selling goods from a vehicle or stand 
  • Temporary food stalls that remain stationary for a maximum of 15 minutes at a time and do not trade within 200m of another hospitality business.

Council manages the commercial use of our public spaces to ensure they can be used safely, maintained adequately, and enjoyed by all.

How to apply

If you intend to trade in a public space or street for a maximum of 15 minutes at a time and do not trade within 200m of another hospitality business selling similar products, i.e. an ice cream truck, you must apply for approval by completing a Hawkers-Licence-Application-Form and submitting it to Kempsey Shire Council.

Council is required to assess applications under the conditions set out in the Local Government Act 1993 (NSW)

 

If you operate a business in a public space, including at a beach, park or reserve, for more than 15 minutes at a time you need a Commercial Activities on Council Owned or Managed Land Annual Licence.

In Kempsey Shire, many commercial activities are conducted on land that Council owns and manages, including:

  • water-based activities
  • learn to swim/run and multisport classes
  • hire of recreational equipment
  • tourism tour operators or visitor attractions
  • semi-permanent food or mobile food vendors i.e. food vans that trade in a public space for longer than 15 minutes at a time. 

Fees

An inspection fee will apply. Once assessed, you may choose to pay your approval/licence fee on an annual basis.

For details of current fees, see Council's Schedule of Fees and Charges. Fee information is listed in Section 4. Approval/inspections fees and Section 14: Events and Commercial Activities on Land Owned, Managed or Controlled by Council.

Location

If you wish to trade in some locations owned or managed by Council, a Crown Land approval or Native Title Assessment may need to be conducted. This may require an additional application form and fee. Approval may take up to four weeks.

Food businesses

Specific requirements also apply to food businesses - see Food safety information

Before you apply for Food Premises Registration for a mobile food van or outdoor trading, we advise you to discuss your plans with an Environmental Health Officer by phoning 6566 3200 or emailing ksc@kempsey.nsw.gov.au. The Environmental Health team can also provide you with application forms.

More information

Kempsey Shire Council policies and procedures

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