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Part 14 Trading in Public Places and Itinerant Traders

The objective of this part of the bylaw is to licence and regulate itinerant traders and to control trading in streets, reserves, recreation grounds and public places to ensure appropriate standards of convenience, safety, visual amenity, and civic values are maintained. This part of the bylaw regulates the conduct of persons selling goods in public places. This part of the bylaw provides the framework for control and approval procedures, and is made pursuant to the Local Government Act 1974.
Trading in streets and public places includes the following activities:

• Mobile shops;
• Long term and intermittent street traders;
• Hawkers;
• Itinerant traders

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

HAWKER includes any person who carries or takes about any goods, wares or merchandise, 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.

ITINERANT TRADER includes any person who, not normally permanently and continuously resident in the district under the jurisdiction of the council for a period of at least six (6) calendar months immediately preceding, or not owning, or not having entered into a binding lease in writing of his or her business premises in such district for a period of at least six (6) calendar months, carries on or engages in any business in such district involving the sale or hire or exposure for sale or hire in any premises in the district, and whether by himself or by any other person employed by him, of any goods, wares or merchandise; but shall not include any hawker or any keeper of a mobile or travelling shop or any bona fide commercial traveller dealing with business firms.

GOODS means any product or service.

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 to the general public in any public place.
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2.0 Licence required
2.1 No person whether acting on their own account or as the servant of another person shall engage in any public place in the sale of goods of any description (including any hawker, person selling raffle tickets, charity stalls) whatsoever (except as provided in clause 9.0 of this part of the bylaw) without having first obtained a licence from the council.

2.2 No person acting in the capacity as an itinerant trader shall sell any goods without having first obtained a licence from the council.

3.0 Application
3.1 Every person who wishes to obtain a licence to sell goods in a public place or who wishes to sell goods in the capacity as an itinerant trader shall make written application to the council. The following information shall be supplied by the applicant in addition to any other particulars required to be provided to enable processing of the application:

• Name and address of the applicant;
• Name and address of the person(s) selling the goods;
• The location/site;
• The telephone number of the applicant;
• The type of goods for sale;
• The time sought for selling;
• The type of vehicle(s) and registration numbers, if applicable;
• Evidence of good character.

4.0 Licence details
4.1 An Authorised Officer in granting any licence may impose conditions. The conditions imposed may include, but not be restricted to, any of the following:

• Time limit and place;
• Duration of the licence;
• Location;
• Types of goods for sale;
• Area available for sale;
• Persons entitled to sell;
• Safety and hygiene requirements;
• Use of signage;
• Use of musical chimes or other audible devices for attracting customers;
• Litter, cleanliness;
• Name and address to be conspicuously displayed;
• Site rental.

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5.0 Fees
5.1 The council may, by resolution, prescribe fees for licences and/or site rentals. Fees may differ for any class of licence as prescribed.

6.0 Production of licence
6.1 Every licence holder shall at all times when engaged in the sale of goods, carry a licence and show the licence to an Authorised Officer on demand.

6.2 Every licence holder shall, notwithstanding the conditions of the licence, upon being requested to do so by an Authorised Officer alter his position for sales to any other position as indicated by an Authorised Officer.

7.0 Conditions of licence
7.1 Every person shall commit an offence who trades not in conformity with any of the conditions of the licence, or who trades without firstly obtaining a licence under this part of the bylaw.

8.0 Licence not transferable
8.1 No licence issued under this part of the bylaw shall be transferable to any other person.

9.0 Exemptions
9.1 This part of the bylaw shall not apply to:
a) Part 4 Fisheries Act 1983;
b) Service delivery vehicles including milk vendors;
c) Any trade or calling that the council has approved by resolution;
d) Any market, stall or stand which has a current approval under any other bylaw, legislation, resource consent or specific approval of the council.
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