Bylaws

You are here > Home > Council Documents > Bylaws > Bylaw 2008 Part 12: Trading in Public Places

Bylaw 2008 Part 12: Trading in Public Places

Licensing of Street Traders

The purpose of this part is to regulate trading in public places to ensure appropriate standards of convenience, safety, visual amenity, and civic values are maintained.

1. Authority

1.1 This part is made under:
a) Sections 145 and 146 of the Local Government Act 2002; and
b) The Local Government Act 1974.

2. Purpose

2.1 The purpose of this part is to regulate trading in public places to ensure appropriate standards of convenience, safety, visual amenity, and civic values are maintained.

3. Exclusions

3.1 This part does not apply to:
a) Any service delivery vehicles; or
b) With the exception of clause 6, any premises registered under the Food Hygiene Regulations 1974 or any
subsequent amendments; or
c) Any busker; or
d) Any person soliciting subscriptions or donations; or
e) Any market, stall or stand which has a current approval under any other bylaw, enactment, food premises registration, licence, or a resource consent.

Note: See Part 5: Public Places New Plymouth District Council Bylaw 2008 for rules on busking, soliciting subscriptions or donations.Return to top

4. Interpretation

4.1 This part shall be in addition to the provisions of Part 1 Introductory and if this part is inconsistent with Part 1 Introductory then the provisions of this part shall prevail.

4.2 In this part, unless the context otherwise requires:
Goods means any product or service.

Hawker means any person who carries or takes about any goods, for sale or hire not in pursuance of any invitation to call or solicits the custom of any other person but does not include any person who uses any vehicle as a mobile or travelling shop.

Mobile or travelling shop:
a) Means a vehicle whether self-propelled or not:
i) From which goods are offered or exposed for sale or hire in a public place; or
ii) From which goods may be ordered in a public place (whether or not in pursuance of any invitation to call
with the goods); but
b) Does not include any vehicle on or from which food is sold.

Market means any open air market located in a public place for the purpose of selling goods to the public.

Mobile food premise means a vehicle whether self-propelled or not from which food is sold.

Public Place means a place that is under the control of the Council and open to or being used by the public, whether admission is free or on payment of a charge and includes a road.

Stand or stall means, in relation to the area where a person stands or occupies any portion of a public place, or places or maintains on any portion of any public place, any stall, structure, or contrivance from which goods are offered or exposed for sale or hire, but does not include any stand or stall from which food is sold.

Service delivery vehicle means any vehicle being used for the purpose of delivering goods to the premises of any business or organisation and does not involve the sale of the goods from that vehicle to the general public in any public place.

Voluntary organisation means any charity, club, society, association, school or community group, where the profits are wholly retained for charitable or community purposes.Return to top

5. Licence required for hawkers and for trading in public places from stands, mobile shops or stalls

5.1 No person being a hawker, the owner of a mobile shop, or the operator of any stand or stall may engage in any public place in the sale or hire of any goods unless that person has:
a) Obtained a licence to trade in a public place from an authorised officer; and
b) Subject to clause 5.6, paid the relevant fee prescribed by the Council.

5.2 Every application for a licence to trade in a public place must:
a) Include the following details:
i) The name, address and telephone number of the applicant;
ii) The location/site (where appropriate);
iii) Duration of trading (where appropriate);
iv) Proposed signage;
v) The type of goods for sale;
vi) The type of vehicle(s) and registration (if applicable);
vii) Evidence of permission from Transit New Zealand (if applicable); and
viii) Evidence of consultation with adjacent property or business owner (other than for a mobile shop).

b) Be made at least 21 days before the applicant desires to begin trading.

5.3 A licence to trade in a public place is subject to such terms and conditions that the authorised officer thinks fit. The terms and conditions may include (without limitation) any of those terms and conditions set out in Appendix 1 of this part.

5.4 It is the responsibility of the applicant to ensure that all appliances used in connection with the sale or hire of goods comply with any other relevant licensing and safety regulations.

5.5 Nothing in this clause limits any requirement in any enactment (including any other bylaw) relating to food safety or the sale of food.

5.6 A voluntary organisation or school, where the profits from any trading are retained wholly for charitable or community purposes are exempt from paying any fees under this clause.

5.7 Any person wishing to trade on any reserve must, when applying for a licence under clause 5.1, seek approval of an authorised officer. The authorised officer may grant approval in whatever form subject to
any terms and conditions that the authorised officer determines is appropriate.Return to top

6. Specific conditions for mobile or travelling shops and mobile food premises

6.1 Subject to clause 6.3, unless prior permission is obtained from an authorised officer, no person shall trade from a mobile or travelling shop or mobile food premise on a public place for a period exceeding one hour without moving on at least 100m.

6.2 Permission granted under clause 6.1 to exceed the one hour limit is subject to whatever terms and conditions the authorised officer thinks fit for the relevant location.

6.3 Nothing in this clause applies to any mobile or travelling shop or mobile food premises that has a current approval to occupy a public place under any other enactment, encroachment licence or licence to occupy, or resource consent.

7. Right of appeal

7.1 If an applicant under clause 5.1 is dissatisfied with the decision of the authorised officer to refuse the application for the licence or is dissatisfied with any condition imposed, the applicant may, within 21 working days of receiving the decision appeal the decision to the Council.

7.2 The Council must consider the application afresh and may confirm, modify or reverse the authorised officer's decision.

7.3 The Council must give notice of the decision on the appeal, and the reasons for the decision, to the applicant as soon as possible after having made its decision.

8. Display of licence

8.1 Any person holding a licence under clause 5.1 must when engaged in the sale of goods, carry the licence and show the licence to an authorised officer on demand.

9. Licence not transferable

9.1 A licence under clause 5.1 is not transferable to any other person.

10. When licence may be suspended or cancelled

10.1 The Council may suspend or cancel a licence under clause 5.1 in the following cases:
a) Without notice if urgent action is required to protect the public from unhygienic, unsafe or hazardous conditions, or urgent works are required in the public place where the licence applies.
b) On the giving of 48 hours notice to the person or operator of the market who holds the licence if the activity will interfere with intended road works, a special event or with the public's normal right of passage.
c) There are repeated breaches of the terms or conditions of the licence.Return to top

APPENDIX 1

This appendix is for information purposes only. It does not form part of the New Plymouth District Council
Bylaw 2008.

Terms and Conditions of Licences under Clause 5:

Duration of the licence.
Location.
Types of goods for sale.
Area available for sale.
Hours of trade.
Persons entitled to sell.
Safety and hygiene requirements including location of toilet facilities.
Use of signage.
Restrictions on the use of musical chimes or other audible devices for attracting customers.
Removal of rubbish from the site.
Name and address to be conspicuously displayed on stall, stand or vehicle.

Return to top