Bylaws Part 12: Mobile Shops and Traders
This Bylaw controls trading in streets, reserves, recreation grounds and public places to ensure appropriate standards of convenience, safety and civic values are maintained. The Bylaw provides the framework for control and approval procedures, and is made pursuant to the Local Government Act 2002.
Trading in streets and public places includes the following activities:
- Mobile Shops
- Long term and intermittent street traders
- Hawkers
- Stalls and stands
An effective control system is necessary to ensure appropriate standards are maintained.
1.0 Short title and commencement
1.1 The title of this
bylaw is the Hastings District Council Mobile Shops and Traders Bylaw
2008, being part 12 of the Hastings District Council Bylaws.
This bylaw comes into force on 19 June 2008 and the Mobile Shops and
Traders Bylaw being Part 12 of the former Hastings District Council
Consolidated Bylaws 1995 is repealed.
2.0 Scope
This Bylaw is made under the authority of Sections 145 and 146 of the Local Government Act 2002.
The Council is empowered by the Local Government Act 2002 to make Bylaws. So far as they are applicable, and are not contrary to the provisions of this Bylaw, the provisions of the Introductory Bylaw 2005 are incorporated into and form part of this bylaw.
3.0 Definitions
COUNCIL means the Hastings District Council or a duly authorised officer of Council.
HAWKER includes any person who carries or takes about any goods, wares, or merchandise, (which includes but is not limited to printed books, pamphlets or magazines) door to door for sale or hire not in pursuance of any invitation to call with, or of any previous order or request for such goods and includes any person who exposes for sale or hire any goods, wares or merchandise carried or taken about by him, or solicits the custom of any other person but does not include any person who uses any vehicle as a mobile or travelling shop.
KEEPER in relation to any mobile shop, or stall means the person by whom or on whose behalf business is carried on by means of that mobile shop or stall.
MOBILE SHOP means a vehicle whether self propelled or not, from which goods or services are offered or exposed for sale or hire in the street or any public place, or from which goods or services may be ordered in the street or any public place (whether or not in pursuance of any invitation to call with the goods or services), but does not include any vehicle used for the purpose of transporting goods pursuant to a prior order placed for the delivery of the goods.
PERMITTED EVENT means an event that is permitted to occur under the Hastings District Plan and /or has been approved by Council.
STALL includes any stand or table capable of being moved on or from which goods are sold or exposed for sale.
4.0 Licensing of mobile shops and hawkers
4.1 No person, whether acting on their own account, or as the servant of another person, shall engage in the trade or calling of or carry on business in any manner or to any extent as a hawker or keeper of a mobile shop, without having first obtained a licence from the Council to do so.
4.2 Every person desirous of obtaining a hawker's, or keeper's licence shall make application to the Council, in the form prescribed, and shall with such application, furnish such evidence of good character as the Council may require, and in the case of an application for a keeper's licence shall state the number of vehicles to be used.
4.3 Every application under the last preceding clause shall also state whether the applicant intends hawking, or selling from a mobile shop, articles of food for human consumption and whether with or without other goods, wares, or merchandise. In any such case where a motor vehicle is to be used the application shall specify the registration number of that vehicle.
4.4 If the applicant wishes to hawk or sell articles of food for human consumption such application shall be accompanied by all licences which the applicant may be required to obtain under the provisions of any Act, Regulation or Bylaw relating to the regulation of certain trades and businesses.
4.5 Before issuing any licence for a hawker or keeper of a mobile shop, the Council shall satisfy itself that any motor vehicle to be used in connection with hawking or selling food for human consumption and any premises to be used for the storage of such food are suitable for the purpose.
4.6 The Council may issue licences to trade and carry on business as hawkers or keepers of mobile shops and every such licence, at whatever time of the year the same may be issued, shall terminate one year after the date of issue.
4.7 A fee for every licence shall be paid to the Council of an amount such as the Council may by resolution from time to time prescribe for that particular class of licence.
4.8 The Council may at its discretion issue temporary licences upon payment of such fee whether per day or otherwise, and subject to such conditions as the Council may imposed.
4.9 Every licensed hawker or keeper of a mobile shop shall at all times when hawking, or selling from any mobile or travelling shop, carry the licence, and shall show the licence to any police constable or authorised officer of the Council who shall demand production of the licence.4.10 Every licensed hawker or keeper of a mobile shop shall while hawking or selling from the mobile or travelling shop have his or her name legibly displayed in letters not less than 25mm in height in a conspicuous place on the exterior of any vehicle or container in which goods are carried.
4.11 Every licensed hawker, or keeper of a mobile shop shall, upon being requested to do so by any police constable, or duly authorised officer of Council, and as often as so requested, move to another part or parts of such street or place, or to any other street or public place indicated by such police constable, or officer of the Council.4.12 The Council may, either upon the issue of any licence to any hawker or keeper of a mobile shop or at any time by notice in writing by a duly authorised officer of Council served on any licensed hawker or keeper of a mobile shop-
(a) Prescribe any condition or conditions in compliance with which such hawker or keeper of a mobile shop must carry on the trade or business, and any hawker or keeper of a mobile shop who fails to comply in all respect with any such requirements within any period specified for compliance commits an offence against this Part of this Bylaw; or
(b) Require such hawker or keeper of a mobile shop to discontinue the use of any vehicle so employed.
It shall be a condition of the licence where a vehicle is to be used for the sale of food for human consumption that no vehicle other than that specified in that licence shall be used for the purpose without the approval of a duly authorised officer of Council.
4.13 No licence issued under this Part of this Bylaw shall be transferable to any other person and no such licence shall authorise any person other than the person named in the licence to carry on the trade or business of a hawker or to keep a mobile shop.
5.0 Stalls
5.1 No keeper of a stall may use or permit a stall to be used in a public place unless:
- A permit has been issued by the Council; and
- The stall keeper is complying with all terms and conditions of the permit.
5.2 Every application for a permit shall be in such form as the Council may
require.
5.3 Every permit issued by Council shall be subject to such conditions as Council may impose and shall state therein the term of expiry thereof, the portion of any public place on which the applicant is permitted to stand, the hours during which they may so stand, and the class of article or goods they propose and are permitted to sell and no person shall stand or sell except in conformity with the terms of such permit.
5.4 Permits for stalls selling or providing food shall meet the general standards set out in the Food Hygiene Regulations.
5.5 For every such permit there shall be payable such fee as Council may by resolution from time to time prescribe.
5.6 No person shall:
(a) Transfer a permit to any other person.
(b) Sell either under the authority of a permit issued to any other person or at a place not mentioned in the permit or as directed by Council.
6.0 General conditions for mobile shops, hawkers and stalls
6.1 No mobile shop, stall or hawker shall be permitted to operate from any rural road or roadside or any of the urban streets specified in the First Schedule attached to this Bylaw.
6.2 No mobile shop shall trade within any area zoned Central Commercial in the Hastings District.
6.3 Clause 6.1 and 6.2 shall not apply to the following activities where they occur in roads listed in the first schedule attached to the bylaw.
- The hawking of goods door to door.
- The setting up of stalls or mobile shops in any area zoned Central Commercial in the Hastings District where specific approval has been given by Council.
- The setting up of stalls or mobile shops in relation to temporary events that have been approved by Council.
6.4 Council may by resolution publicly notified, amend the First Schedule to add, delete or amend the areas to which the provision of the Bylaw shall apply.
6.5 Notwithstanding anything to the contrary in this Bylaw no mobile shop or stall shall operate at any location where in the opinion of a duly authorised officer of Council the presence of a stand or stall or shop is likely to cause an obstruction or danger to traffic.
6.6 No mobile shop shall remain operating in any one location for longer than 60 minutes.
6.7 Every mobile shop shall move a minimum of 200 metres from the previous site occupied by that mobile shop, and no mobile shop shall return to a site previously occupied that day.
6.8 Clauses 6.6 and 6.7 shall not apply to mobile shops authorized to attend permitted events.
6.9 Goods shall be displayed wholly on the vehicle, stand or stall and not on any public place.
6.10 The name, licence, and address of the keeper shall be supplied upon request by an authorised officer of Council.
6.11 Council may cancel any licence if in the opinion of the Council the licence holder is found to be operating in breach of conditions or with any other sufficient cause.
6.12 Signs shall be limited to not more than two (2) signs of 0.5m2 in area each, and shall be placed on the vehicle, stand or stall. Signs shall not be erected on footpaths, roads or any other public place.
6.13 Any chimes, music or other means of audible advertising shall be operated so as not to create a nuisance to surrounding residents.
6.14 Every licensed hawker or keeper of a mobile shop or stall, or any person operating on behalf of such hawker or keeper who takes or carries about any article of food for sale shall keep and maintain every vehicle, box, basket, pack or other container used or connected therewith in a thoroughly clean and sanitary condition to the satisfaction of a duly authorised officer of Council.
6.15 Licence holders must comply with any other relevant Bylaw or Regulation.
7.0 Exemptions
7.1 The provisions of this Part of this Bylaw as to hawkers and keepers of mobile shops shall not apply to the owner or operator of a fishing vessel acting in accordance with the Fisheries Act 1996.
Schedule One
Urban Streets where no mobile shop, stall or hawker shall be permitted to operate from:
- Pakowhai Road
- Maraekakaho Road
- Heretaunga Street
- Omahu Road
- Railway Road
- Karamu Road North
- Southampton Street
- St Aubyn Street
- Hastings - Havelock Road
- Karanema Drive
- Porter Drive
- Columba Way
- Te Mata Road
- The 100km sign into the Havelock North -Village Centre on Napier, Middle and Te Aute Roads.
