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Have a Say on Mobile Food Vendor Locations

A grey food truck with awning

The State Government has passed new regulations with the intention of providing consistency for food truck operators across local government areas. The legislation has removed the capacity for Council to restrict the number and food type sold by mobile food vendors (food trucks).

On 9 August 2017 the South Australian Parliament passed the Local Government (Mobile Food Vendors) Amendment Act 2017 (‘the Amendment Act’). The Amendment Act, together with the Local Government (General) (Mobile Food Vendors) Variation Regulations 2017 (‘the Variation Regulations’), is expected to come into operation 1 March 2018 (delayed from January at the request of the Local Government Association). It has created a lot of discussion in metropolitan and non-metropolitan communities.

Some are concerned about compromising the viability of existing fixed (bricks and mortar) eateries; increased traffic congestion; waste or noise pollution. Others see the change to regulations as providing new and innovative ways to experience food. They believe food trucks complement existing food and drink businesses; create more attractive destinations and reasons for people to 'look and linger'; and create jobs and commercial opportunities.

Council is required to prepare and adopt location rules that set out where, within the Council area, mobile food vending businesses may operate. These rules must provide for a reasonable distance between mobile and fixed food businesses during the operating hours of fixed food businesses. Council can either (a) specify that food trucks must not operate within a certain distance of fixed food outlets or can (b) identify specific areas where food trucks may operate. In the document library at the right of this screen, is a PDF with maps showing example locations. You might like to review these before commencing the survey.

* Note: ice-cream vans are exempt from the location rules adopted by Council.

The Small Business Commissioner may intervene if the location rules are unreasonably restrictive against food trucks. Similarly, an existing fixed business that is directly adversely affected by the location rules has a right of review against Council's location rules to the Small Business Commissioner.

Council must develop location rules prior to the legislation coming into effect. We want to hear your views on how these mandatory location rules can best be applied to our communities.

The State Government has passed new regulations with the intention of providing consistency for food truck operators across local government areas. The legislation has removed the capacity for Council to restrict the number and food type sold by mobile food vendors (food trucks).

On 9 August 2017 the South Australian Parliament passed the Local Government (Mobile Food Vendors) Amendment Act 2017 (‘the Amendment Act’). The Amendment Act, together with the Local Government (General) (Mobile Food Vendors) Variation Regulations 2017 (‘the Variation Regulations’), is expected to come into operation 1 March 2018 (delayed from January at the request of the Local Government Association). It has created a lot of discussion in metropolitan and non-metropolitan communities.

Some are concerned about compromising the viability of existing fixed (bricks and mortar) eateries; increased traffic congestion; waste or noise pollution. Others see the change to regulations as providing new and innovative ways to experience food. They believe food trucks complement existing food and drink businesses; create more attractive destinations and reasons for people to 'look and linger'; and create jobs and commercial opportunities.

Council is required to prepare and adopt location rules that set out where, within the Council area, mobile food vending businesses may operate. These rules must provide for a reasonable distance between mobile and fixed food businesses during the operating hours of fixed food businesses. Council can either (a) specify that food trucks must not operate within a certain distance of fixed food outlets or can (b) identify specific areas where food trucks may operate. In the document library at the right of this screen, is a PDF with maps showing example locations. You might like to review these before commencing the survey.

* Note: ice-cream vans are exempt from the location rules adopted by Council.

The Small Business Commissioner may intervene if the location rules are unreasonably restrictive against food trucks. Similarly, an existing fixed business that is directly adversely affected by the location rules has a right of review against Council's location rules to the Small Business Commissioner.

Council must develop location rules prior to the legislation coming into effect. We want to hear your views on how these mandatory location rules can best be applied to our communities.