A trial for mobile food vendors to test relaxed location restrictions and operating hours will commence in October. Photo: Wagga Council.
Mobile food vendors could be allowed to operate closer to existing businesses and into the early hours under a trial being planned by Wagga Wagga City Council.
Council has agreed to trial relaxed restrictions on where mobile food vendors can operate and how late they can trade as part of its 24-hour economy program.
The trial will run from 30 October to 8 November and again from 5 to 13 March 2027.
Under the proposed changes, mobile food vendors will be able to set up within 200 metres of existing businesses when those businesses are closed.
Their permitted trading hours will also be extended, allowing them to operate until 3 am instead of 10 pm.
Council’s Manager City Growth & Projects Ben Creighton said the trial would assess the impact of the changes on existing businesses and the broader city.
“The trial will involve relaxing location restrictions and operating hours,” Mr Creighton said.
“Mobile food vendors will be able to set up within 200 m of existing businesses when those businesses are closed.
“As well, operating hours will be extended from 10 pm to 3 am, allowing catering for late-night users.”
Mr Creighton said council wanted to provide opportunities for smaller operators while avoiding impacts on established businesses.
“Council is keen to give people an opportunity to start businesses with relatively small capital costs, and then hopefully grow those operations into brick-and-mortar businesses within the city.
“But we want to help grow these smaller businesses in a way that doesn’t impact existing businesses in the main street that have capital costs from their location in buildings with established infrastructure.”
A report will be presented to council after the trial, outlining its outcomes and recommending whether any changes should be made permanent.
The current mobile food vendor policy was introduced to regulate where mobile food vendors can operate while considering public safety, community amenity, operational requirements and the interests of established businesses.
“Consideration was given to creating opportunities in areas with limited access to existing food and beverage services and supporting activation outcomes in public spaces,” Mr Creighton said.
“This policy has allowed vendors to be out and about in our suburbs and villages, and at community events and popular parks and public spaces.”
Mobile food vans are regulated through a combination of NSW food safety laws, planning rules and local council requirements.
The NSW Food Authority classifies mobile food vendors as retail food businesses, with operators generally required to notify their local council and comply with the Food Standards Code. Local councils are generally responsible for approving mobile food vending vehicles and can impose additional requirements around where and when they operate.
Planning rules can also apply depending on whether a van operates on public or private land. State planning provisions allow some mobile food and drink outlets to operate as exempt development if specified conditions are met, including obtaining the consent of the relevant landowner or public authority. Local council rules can still regulate the use of public spaces.
Food safety requirements also vary depending on what is being sold. For example, coffee vendors selling only hot drinks and packaged food face fewer requirements than operators preparing and serving unpackaged, potentially hazardous, ready-to-eat food.
Mr Creighton said mobile food vendors would continue to have opportunities to operate outside the council’s permit framework at approved events, private functions and on private land where planning controls allow.
The trial will be used to determine whether the relaxed restrictions should continue beyond the two trial periods.
