Issue 5: Food trucks on private property

Current Situation

Food vans on properties zoned Commercial 2 or Activity Centre (including food vans operating on vacant land or warehouse parking areas) are able to sell food and drink without requiring a Planning Permit. All food trucks must be registered with Streatrader and comply with food safety legislation. There are no clauses in the Community Amenity Local Law 2015 that apply to movable food vans.

There are currently 124 number of food vans registered to operate within Wyndham, and since roadside trading is prohibited in Wyndham, it is assumed that the majority are operating on private land.

Proposed Local Law Provision (if determined to be necessary)

Change section 150 in the current Community Amenity Local Law to include food trucks/vans by adding the bolded section: Unless permitted to do so under a Planning Scheme applicable to the land, a person must not, without a permit: erect or use on any land a temporary structure, building, or food truck or trailer for the sale of goods. Permit conditions could then impose requirements on food truck operators to protect safety and amenity.

Potential impacts

Compliance obligation

The obligation placed on food trucks on private land would likely be moderate-significant. If food trucks were unable to comply with permit conditions around safety and amenity, they would be unable to obtain or renew a permit and therefore would need to cease trading at their location. If they are able to find an alternative suitable location, they may be able to apply for a permit at the new location.

Council could also decide not to issue permits to Food Trucks on private land, however any decision to do that must be weighed carefully as it would have a significant detrimental effect on food truck business owners in Wyndham. Alternatively, Council could ‘grandfather in’ existing food truck business on private land and refuse any new permit applications.

Appropriate penalty

The nature of non-compliance does not immediately present a risk to the safety of others and the penalty should only be sufficient to encourage compliance or as a deterrent to non-compliance. On that basis, the penalty amount will be in line with other amenity clauses in the Local Law, which is currently 2 penalty units ($200).

Resources required

Additional administration and Authorised Officer resources would be required to administer and enforce a permit system for food trucks on private land. It’s estimated that a part-time Business Support Officer and an additional part-time Local Laws Officer would be required, at an estimated cost of $65,000 per year. These costs could be offset by revenue of $34,844 from permit application fees.