If you would like to trade in a public place, you will need a Trading in Public Places licence.  This applies to businesses such as stalls, mobile shops, outdoor display of goods, and micromobility rental operations. 

Trading in public places guidelines

If you would like to trade in a public place, you will need a Trading in Public Places licence.  This applies to businesses such as stalls, mobile shops, outdoor display of goods, and micromobility rental operations.

You do not need a licence for the following activities:

  • on private property, e.g. entering a workplace and offering goods for sale, or a mobile shop located within the boundary of a private property
  • selling or disposal by commercial fishermen of fish in accordance with the Fisheries Act 1996 service delivery vehicles
  • any market, stall or stand which has a current permission under any other bylaw, legislation, resource consent, specific resolution of Council, or written permission by an authorised officer
  • any stall or stand operated by a local or nationally recognised charitable entity, or a not for profit community organisation

Mobile food businesses must comply with the same food safety requirements as any other food operator and are required to have a food registration. Details on how to apply can be found on the selling food page.

If you intend to sell and supply alcohol, you will need the appropriate licence. We recommend getting in touch with our alcohol team to discuss these requirements or refer to the selling alcohol page on this website.

If you intend to set up a mobile business on private land, it must comply with District Plan rules. We recommend getting in touch with our resource management team to discuss any requirements by phoning 0800 732 732 or emailing general@southlanddc.govt.nz

Public places and street sides

  • Can’t remain stationary at any one site for longer than two hours, nor stand on any one site more than twice in any eight-hour period, during daylight hours
  • Can’t trade in the CBD of any town unless it is an approved site

Approved sites

As listed in the Schedule of approved sites, during daylight hours. Full details including site maps and conditions can be found here  

Council reserve land during an organized events

  • If the licence holder obtains permission from the event organiser

Hours of Trade

  • The business shall only be operated during daylight hours. Daylight hours for the purpose of this condition shall be 30 minutes before official sunrise and 30 minutes after official sunset.

Duration of the licence

  • Subject to the requirements of the Bylaw relating to payment of fees, this licence shall expire on the date specified on the current certificate unless it is renewed.

Location

  • Trading locations are limited to those listed on the licence and detailed in the schedule of locations. Trading locations (with specific conditions) are listed under Where can I sell? (see above).
  • This licence permits an activity and does not create any legal or equitable interest. Licence holders do not have exclusive use of any site.  This licence does not give the licensee a right of uninterrupted use of the area covered by the licence. The Council may require the stall to be removed at any time (including during the permitted hours of use) to allow road works or other public activities to occur. The Council will not be liable for any loss of business or other costs caused by any loss of access to the area covered by the licence regardless of the cause of the interruption or its duration.

Type of goods for sale

  • Classes of goods permitted to be sold shall be limited to the following: (as per application)

Obstruction/Hazards

  • No trading shall be made in any street or other public place which would cause congestion, or upset the free flow of traffic or people in those areas.

Relocation on Request

  • The operation must, at all times, be capable of being relocated immediately at any time upon the request of the Council, its authorised Officers or other law enforcement officers, and shall be complied with immediately.

Other Legislation/Food Safety

  • All relevant legislation shall be complied with prior to the commencement of the operation of the business.

Display of Licence & Licensee's Name

  • A copy of the licence shall be visible in or on the business during all operating hours.
  • The licensee's name must be displayed on vehicles used directly in association with the business in such a way that they can be readily identified.

Signs

  • The licensee shall comply with all requests made by the Council, or authorised Council Officers, relating to the size and positioning of signs related to the business.

Audible devices

  • No loud hailers or similar calling devices are to be used. Approval for such use may be requested from Council.  If granted such approval will be endorsed on the licence.  Musical chimes are permitted.

Nuisances

  • The licensee shall take all reasonable steps to prevent a nuisance, especially litter, from occurring as a result of operations. A nuisance for the purposes of these conditions shall generally be the same as that prescribed by Section 29 of the Health Act 1956.
  • The licensee is to provide and service litter containers on and about the trading site and will keep the site and surrounding area (within 30 metres of the trading operation in any direction) clean and free from litter at all times. The licensee may not place trade waste in Council litter bins.
  • All equipment must be removed by end of trading day.

Licence Transfer/Change of Business

  • The licence is not transferable in respect of the licensee or the business. The licensee must have the prior written consent of the Council before it can transfer, assign or part with its rights under the licence, or change the business.

On-Going Compliance

  • For the licence to be valid, all conditions and requirements must be fully complied with. Any breach of conditions without the permission of the Council or its authorised Officers may be held to invalidate and terminate the licence from the date of such breach.

Termination or Alteration of Licence by Council

  • The Council may, at any time, terminate or alter or vary the terms of this licence, for whatever reason, by notice in writing to the licensee at the address stated on the licence. The licensee shall not be entitled to any compensation should the Council use its powers to terminate or alter or vary the licence.

One year unless withdrawn earlier by Council. If the licence holder wants to continue trading in public places beyond this date, a renewal is to be applied for prior to expiry.

Here is a checklist of our requirements:

  1. Complete the trading in public places application form and email it to sdc@southlanddc.govt.nz
  2. Arrange payment of the application fee
    • Refer to our Fees and Charges for the application fee
    • Refer to the application form for instructions on how to make a payment

A full schedule of Southland District Council’s fees and charges is available here

Handy tip - fees and charges that relate to trading in public places can be found on page 13

For advice on applying for a trading in public places licence or making changes to an existing licence please contact the health team by email health@southlanddc.govt.nz or phone on 0800 732 732.

To contact our other teams:

Alcohol
Email alcohol@southlanddc.govt.nz
Phone 0800 732 732

Planning
Email general@southlanddc.govt.nz
Phone 0800 732 732