PERMIT TO OPERATE A MOBILE FOOD VAN ON COUNCIL LAND – APPLICATION FORM

This Permit allows a Permit Holder to operate a mobile food van on Council land and is issued pursuant to clause 83.1 of Wyndham City Council’s Community Amenity Local Law (2023).

Privacy Statement

Your personal information is being collected by Wyndham City Council for the purpose of assessing your application for a permit to operate a mobile food van on Council land. Your information will be stored in Council’s Customer Database and used to identify you when communicating with Council and for delivery of services and information to you. For further information about how your personal information is handled, visit Council’s Privacy Policy.

APPLICANT’S DETAILS

Business/company name (required)

ABN/ACN (required)

Registered business address (required)

Given Name (required)

Family/Surname (required)

Position title

Preferred Contact Number Type (required)

Home

Work

Mobile

Preferred Contact Number(required)

Email Address (required)

PROPOSED TRADING HOURS

Select the location you are applying to operate at (required)

Baden Powell Reserve, Tarneit

Presidents Park, Werribee

Riverwalk Park, Werribee

Webster Street Park, Point Cook

FOOD VAN REGISTRATION

Streatrader number (WYN####) (required)

Food van vehicle registration number (required)

REQUIRED DOCUMENTS

Copy of certificate of currency for public liability insurance (must be for an amount of at least $10 million per single event) (required)

One file only.
5 MB limit.
Allowed types: jpg, png, pdf, doc, docx, ppt, pptx, xls, xlsx.

Copy of your COVIDSafe Plan (required)

One file only.
5 MB limit.
Allowed types: jpg, png, pdf, doc, docx.

DECLARATION

I confirm that I have authority to submit this application form for a Permit to Operate a Mobile Food Van on Council Land (‘Permit’) on behalf of the business/company named above. (required)

I acknowledge and agree that if my application for a Permit is successful, I will be required to: (a) pay a non-refundable permit fee of $942.00 prior to the Permit being issued; and (b) comply with the Permit Conditions set out below, which I confirm that I have read and understood. (required)

PERMIT CONDITIONS

PERMITTED ACTIVITY
1.1 The Permit Holder is permitted to undertake the Permitted Activity at the Location during the Permit Period only
1.2 When conducting the Permitted Activity, the Permit Holder must not use any:
(a) tables, chairs, umbrellas or other outdoor dining furniture;
(b) megaphones, amplified music or amplified audio (voice) equipment; or
(c) part of the Location that:
   (i) has been declared as culturally, environmentally or naturally significant;
   (ii) is a memorial or historical site;
   (iii) is a declared dog off-lead area;
   (iv) has been closed (temporarily or permanently) by Council;
   (v) is a stairway, footpath, bike path or shared path;
   (vi) has any trees, play equipment, outdoor fitness equipment, park furniture, or other building or structure located upon it; or
(vii) is within 20 metres of any neighbouring residential property.
1.3 This Permit does not grant the Permit Holder exclusive use of the Location during the Permit Period. The Permit Holder acknowledges and agrees that Council may, acting in its discretion, grant permits and consents for the use of the Location by others during the Permit Period.
LOCATION
Where the Location is within a Council reserve, the Permit Holder:
a) may only access the Location via the approved entry and exit route as advised by Council; and
b) must submit a risk management and/or safety plan with its permit application and comply with the plan as approved by Council at all times when at the Location.
OTHER PERMITS AND CONSENTS
The Permit Holder acknowledges that this Permit only authorises the Permit Holder to operate a mobile food van on Council land and that the Permit Holder may need to obtain other permits or consents from Council, such as a Planning Permit under the Planning and Environment Act 1987 to display signage in connection with the Permitted Activity.
SAFETY
4.1 Immediately prior to undertaking the Permitted Activity each week, the Permit Holder must undertake a safety inspection at the Location and must immediately notify Council of any hazards or risks identified during this inspection.
4.2 The Permit Holder must, as soon as is reasonably practicable in the circumstances, notify Council of any incident, accident, injury, damage or loss that occurs at the Location while conducting the Permitted Activity.
4.3 The Permit Holder must not do or allow anything to be done while conducting the Permitted Activity which, in the opinion of Council, may be a risk to any person or property.
5. DAMAGE AND REINSTATEMEN
5.1 The Permit Holder must not damage, remove or otherwise interfere with Council’s property or assets at the Location. The Permit Holder is responsible for all costs associated with the repair or replacement of any Council property or assets.
5.2 The Permit Holder must ensure that immediately after undertaking the Permitted Activity each week and at the end of the Permit Period, the Location and vicinity are left clean and tidy with all rubbish and materials removed, free from damage and all non-Council items and equipment associated with the Permitted Activity have been removed (‘reinstatement’).
5.3 Where the reinstatement of the Location is not to the satisfaction of Council, Council will advise the Permit Holder of the further reinstatement required and the time period for completion. If such reinstatement does not occur within the time specified, Council will undertake the reinstatement at the Permit Holder’s cost. Any non-Council items and equipment not removed by the time specified will be treated as abandoned and will be disposed of as Council sees fit.
6. RUBBISH DISPOSAL
The Permit Holder is responsible for the removal and disposal of its rubbish and waste from the Location and must not use the public bins at the Location.
7. STREATRADER
7.1 The Permit Holder must be registered with Streatrader (streatrader.health.vic.gov.au) and must provide evidence of its registration with its permit application and otherwise on Council’s request.
7.2 The Permit Holder must lodge a Statement of Trade with Council at least 5 days prior to the start of the Permit Period.
7.3 The Permit Holder must not undertake the Permitted Activity if it has not lodged a Statement of Trade in accordance with clause 6.2.
8. COVIDSAFE PLAN
The Permit Holder must submit a copy of its COVIDSafe Plan with its permit application and comply with it at all times during the Permit Period
9. INSURANCE
The Permit Holder must hold and maintain public liability insurance in a minimum sum of $10 million per single event and must provide a copy of its certificate of currency with its permit application and otherwise on Council’s request.
10. LIABILITY
10.1 The Permit Holder undertakes the Permitted Activity at the Location entirely at its own risk.
10.2 To the extent permitted by law, Council accepts no responsibility for any loss, damage, claim or expense suffered, including property loss or damage, personal injury or death, arising from the Permitted Activity.
11. INDEMNITY
The Permit Holder agrees to hold harmless, indemnify and keep indemnified Council, its Councillors, staff and contractors (‘Council’) against any action, claim, demand, cost (including legal costs) or other liability claimed against or incurred by Council in respect of any accident, damage, injury or loss arising from the Permit Holder’s activity at or occupation of the Location and the Permit Holder’s compliance or purported compliance with these Permit Conditions.
12. BREACH OF PERMIT
In the event of a breach of these Permit Conditions, Council may, acting in its entire discretion, opt to serve the Permit Holder with a Notice to Comply or revoke the Permit.
13. AMENDMENT OR CANCELLATION OF PERMIT
Council may correct, amend or cancel this Permit in accordance with the Community Amenity Local Law (2015).
14.GENERAL
The Permit Holder:
14.1 must ensure the Permitted Activity does not adversely impact surrounding residents or the public;
14.2 must allow Council staff, its contractors, persons authorised by Council and emergency services access to the Location at any time during the Permit Period;
14.3 must follow all directions of Council staff in relation to the Permitted Activity;
14.4 must follow all directions of emergency services;
14.5 is responsible for the conduct and behaviour of its employees, agents and contractors including in respect of their compliance with these Permit Conditions;
14.6 must not transfer this permit to a third party;
14.7 must advise Council of any changes which may affect the Permitted Activity;
14.8 must comply with all laws, regulations, rules and Council policies, including, without limitation, the Food Act 1984, Road Safety Act 1986 and Road Safety Road Rules 2017; and
14.9 must produce a copy of this Permit on request by a member of Council staff or Victoria Police.

Acknowledgement of Traditional Custodians

Wyndham City Council recognises Aboriginal and Torres Strait Islander peoples as the first Peoples of Australia. We acknowledge the Bunurong and Wadawurrung Peoples as Traditional Owners of the lands on which Wyndham City operates. The Wadawurrung and Bunurong Peoples have and always will belong to the Werribee Yalook (river), creeks, stars, hills and red clay of this Country. We pay respect to their Ancestors and Elders who always have, and always will, care for Country and community today and for future generations.