Guidelines for Mobile Food Vending Vehicles in the City of Ryde

Guidelines for

Mobile Food Vending Vehicles

in the City of Ryde

19 June 2018

Contents Background ...... 3 Purpose...... 3 Scope ...... 3 Types of Mobile Food Vending Vehicles ...... 3 Food Vans ...... 3 Food Trucks ...... 3 Framework for Operation ...... 3 1. Operating a food van in the City of Ryde ...... 3 a. Food vans trading in the public domain ...... 3 b. Food vans trading on private land ...... 4 c. Food vans trading as part of an event ...... 4 i. Food vans trading as part of an event in the public domain ...... 4 ii. Food vans trading as part of an event on private land ...... 4 2. Operating a food truck in the City of Ryde ...... 5 a. Food trucks trading in the public domain ...... 5 b. Food trucks trading on private land ...... 5 c. Food trucks trading as part of an event ...... 6 i. Food trucks trading as part of an event in the public domain ...... 6 ii. Food trucks trading as part of an event on private land ...... 6 3. Trading with development consent in the public domain or on private land ...... 6 Application Process ...... 7 Category 1 – Food Van Approval ...... 7 Category 2 – Food Truck Approval ...... 7 Category 3 – Public Event Approval ...... 8 Approval Fees ...... 8 Issuing of Approval ...... 8 Inspections ...... 9 Inspection Fees ...... 9 Penalties ...... 9 Responsibilities ...... 9 Definitions ...... 10

City of Ryde - Guidelines for Food Truck Trial Page 2 Updated 19 June 2018

Background Globally, there is a trend to encourage mobile food vending vehicles, particularly food trucks, to vend in public places independently of organised events. Food Trucks activate spaces, bring people together and provide an exciting range of food choices in areas with limited options.

The City of Ryde supports the operation of mobile food vending vehicles to enliven the City of Ryde Local Government Area and encourage diversity in food options. The operation of mobile food vending vehicles supports the outcomes of City of Ryde’s Community Strategic Plan as well as the City of Ryde Economic Development Plan. Purpose The purpose of these Guidelines is to provide a framework for the operation of mobile food vending vehicles in the City of Ryde.

The Guidelines aim to encourage mobile food vending vehicle businesses to operate in the City of Ryde whilst complying with relevant legislation and existing Council policies. Scope These Guidelines apply to mobile food vending vehicles within the City of Ryde Local Government Area. Types of Mobile Food Vending Vehicles The City of Ryde recognises two types of mobile food vending vehicles.

Food Vans A food van is a mobile food vending vehicle that serves food that is not potentially hazardous, or that involves low risk practices. This may include frothing milk, ice creams, coffee, pre-packaged sandwiches, soft drink or the like. An example of a food van may be Home Ice-Cream, Mr Whippy or a coffee cart.

Food Trucks A food truck is a mobile food vending vehicle that serves food where there is no restriction to the type of food served. Food trucks typically have kitchen facilities and sell ready to eat take-away foods such as dumplings, pasts, tacos, grilled meats, stir-fry noodles, fish and chips, or other similar foods. They may also sell food that is prepared food in a kitchen facility that is off site. Food truck activity fits within four modes of operation: Framework for Operation 1. Operating a food van in the City of Ryde

a. Food vans trading in the public domain In the City of Ryde, with approval, a food van may trade in the public domain by making brief intermittent on- street stops of up to 15 minutes. Food vans must adhere to current road and parking rules and must not trade within 200 metres of any business selling the same of similar products.

To trade on public land, the food van business must: • Make an application for a Food Van approval using Application for approval to operate mobile food vending vehicle. This includes vehicle and food premises inspection requirements. • Pay the relevant fee in alignment with Council’s Fees and Charges; • Comply with City of Ryde Mobile Food Vending Vehicle Guidelines; • Comply with Guidelines for Mobile Food Vending Vehicles published by the NSW Food Authority; • Comply with the Food Act 2003 (NSW).

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b. Food vans trading on private land Mobile food vending vehicles can operate on private land in alignment with relevant state and local planning controls. These controls include: • Consent of the land owner required; • A limitation of one mobile food vending vehicle on the land.

For example; a mobile food vending vehicle operating regularly on a commercial premises providing lunch or morning/afternoon tea services.

To trade on private land, the food business must: • Have the consent of the land owner; • Notify Council of mobile food vending vehicle activity by completing the Notification of Food Business form; • Comply with the Ryde Local Environmental Plan 2014; • Comply with the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008; • Comply with Guidelines for Mobile Food Vending Vehicles published by the NSW Food Authority; • Comply with the Food Act 2003 (NSW).

c. Food vans trading as part of an event Upon invitation, and with the appropriate approval, mobile food vending vehicles may trade at events in the public domain and on private land.

i. Food vans trading as part of an event in the public domain For a mobile food vehicle to trade at an event that is being held in the public domain, you need to have approval under Section 68 of the Local Government Act. This includes public and private events being held in parks, sportsgrounds, plazas and other public spaces.

To trade as part of an event on public land, the mobile food vending vehicle business must: • Be invited by the event organiser to participate (this includes Council run events and may involve a fee); • Make an application for a Public Event Approval using Application for approval to operate mobile food vending vehicle; • Comply with Guidelines for Mobile Food Vending Vehicles published by the NSW Food Authority; • Comply with the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008; • Comply with the Food Act 2003 (NSW).

ii. Food vans trading as part of an event on private land More than one mobile food vending vehicle may trade on private land as part of a community event (as defined by Ryde Local Environment Plan 2014). Events for community and fundraising do not require development consent. As a guide, community events on private land:

• Must not be attended by more than 250 patrons; • Must not exceed 1 day; • May not occur more than 2 days per year; • May only operate between 8.00 am and 9.30 pm; • Must have portable water and toilet facilities within 200m; • The noise level of any open air entertainment must not exceed the background noise level by more than 5dB(A) when measured at the nearest residential boundary; • Must provide adequate artificial lighting, if necessary, to permit safe movement of patrons; • Must have adequate and suitable waste containers for the removal of waste at the conclusion of the event.

If the event does not meet these criteria, approval must be sought through development consent.

City of Ryde - Guidelines for Food Truck Trial Page 4 Updated 19 June 2018

To trade as part of an event on private land, the mobile food vending vehicle food business must:

• Be invited by the event organiser to participate (for Council run events, there may be a fee associated); • Have the consent of the land owner; • Notify Council of mobile food vending vehicle activity by completing the Notification of Food Business form; • Comply with the Ryde Local Environmental Plan 2014; • Comply with the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008; • Comply with Guidelines for Mobile Food Vending Vehicles published by the NSW Food Authority; • Comply with the Food Act 2003 (NSW).

2. Operating a food truck in the City of Ryde

a. Food trucks trading in the public domain In the City of Ryde, with approval, a food truck can operate in locations listed below • ANZAC Park, West Ryde • Blenheim Park, North Ryde • Cottonwood Crescent, Macquarie Park • Fontenoy Park, North Ryde • Kissing Point Park, Putney • Memorial Park, Meadowbank • Putney Park, Putney • Yamble Reserve, Ryde

To trade in the public domain, the food truck business must: • Make an application for a Food Truck Approval using Application for approval to operate mobile food vending vehicle. This includes vehicle and food premises inspection requirements; • Pay the relevant fee in alignment with Council’s Fees and Charges; • Comply with City of Ryde Mobile Food Vending Vehicle Guidelines; • Comply with Guidelines for Mobile Food Vending Vehicles published by the NSW Food Authority; • Comply with the Food Act 2003 (NSW).

b. Food trucks trading on private land Mobile food vending vehicles can operate on private land in alignment with relevant state and local planning controls. These controls include: • Consent of the land owner required; • A limitation of one mobile food vending vehicle on the land.

For example; a mobile food vending vehicle operating regularly on a commercial premises providing lunch or morning/afternoon tea services.

To trade on private land, the food business must: • Have the consent of the land owner; • Notify Council of mobile food vending vehicle activity by completing the Notification of Food Business form. • Comply with the Ryde Local Environmental Plan 2014; • Comply with the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008; • Comply with Guidelines for Mobile Food Vending Vehicles published by the NSW Food Authority; • Comply with the Food Act 2003 (NSW).

City of Ryde - Guidelines for Food Truck Trial Page 5 Updated 19 June 2018

c. Food trucks trading as part of an event Upon invitation, and with the appropriate approval, mobile food vending vehicles may trade at events in the public domain and on private land.

i. Food trucks trading as part of an event in the public domain For a mobile food vehicle to trade at an event that is being held in the public domain, you need to have approval under Section 68 of the Local Government Act. This includes public and private events being held in parks, sportsgrounds, plazas and other public spaces.

ii. Food trucks trading as part of an event on private land More than one mobile food vending vehicle may trade on private land as part of a community event (as defined by Ryde Local Environment Plan 2014). Events for community and fundraising do not require development consent. As a guide, community events on private land:

• Must not be attended by more than 250 patrons • Must not exceed 1 day. • May not occur more than 2 days per year. • May only operate between 8.00 am and 9.30 pm. • Must have portable water and toilet facilities within 200m. • The noise level of any open air entertainment must not exceed the background noise level by more than 5dB(A) when measured at the nearest residential boundary. • Must provide adequate artificial lighting, if necessary, to permit safe movement of patrons. • Must have adequate and suitable waste containers for the removal of waste at the conclusion of the event.

If the event does not meet these criteria, approval must be sought through development consent.

To trade as part of an event on private land, the mobile food vending vehicle food business must: • Be invited by the event organiser to participate (for Council run events, there may be a fee associated); • Have the consent of the land owner; • Notify Council of mobile food vending vehicle activity by completing the Notification of Food Business form. • Comply with the Ryde Local Environmental Plan 2014; • Comply with the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008; • Comply with Guidelines for Mobile Food Vending Vehicles published by the NSW Food Authority; • Comply with the Food Act 2003 (NSW)

3. Trading with development consent in the public domain or on private land A mobile food vending vehicle may operate outside of these modes with appropriate development consent. For example, a regular event with more than one food truck, or an event that is not ‘exempt development’. To seek development consent you must lodge a Development Application.

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Application Process All mobile food vending vehicles require an approval issued by the City of Ryde prior to operate in public places. Approval must be sought by completing and submitting an Application for approval to operate mobile food vending vehicle.

Supporting documentation required as part of this application includes: • Certificate of currency for Public and Product Liability Insurance to the value of $10,000,000; • Certificate of currency for Third Party Property Damage Insurance to the value of $10,000,00; • Approval to operate as food premises (if food is being prepared and/or stored in a location other than on the vehicle); • A copy of the most recent inspection report for your approved food premises (if food is being prepared and/or stored in a location other than on the vehicle); • A copy of a complying inspection report conducted on your mobile food vending vehicle. (It may be necessary for a vehicle inspection to be carried out as part of the application process)

All mobile food vending vehicles must comply with the Guidelines for Mobile food vending vehicles published by the NSW Food Authority, as well as the requirements of the Food Act 2003 and Food Standards Code.

All applications considered and approvals issued will be issued in accordance with the requirements of the Local Government Act 1993.

All applicants must have public liability and third party property damage insurance where the insurance policies must indemnify Council against any loss or claims.

Category 1 – Food Van Approval A Food Van Approval allows on-street vending for a maximum of 15 minutes in any one location. Food vans must adhere to current road and parking rules and must not trade within 200 metres of any business selling the same of similar products. Food vans are limited to serving food which is not potentially hazardous, or that involves low risk practices.

Food vans are not permitted to trade on any of the below listed Prohibited Roads:

• Balaclava Road • Monash Road (between Ryde Road • Blaxland Road and Victoria Road) • Brush Road (between Lawson Street • Pittwater Road and Rutledge Street) • Railway Road • Delhi Road • Rutledge Street • Devlin Street • Ryde Road • Epping Road • Station Street • First Avenue • Talavera Road (between Christie • Goulding Road Avenue and Lane Cove Road) • Herring Road (between Epping Road • Victoria Road and Talavera Road) • Waterloo Road (between Herring • Lane Cove Road Road and Wicks Road) • Lawson Street • West Parade, Eastwood • M2 Hills Motorway • West Parade, West Ryde • Marsden Road • Wicks Road

Category 2 – Food Truck Approval A Food Truck Approval allows vehicles to trade in a specified location for a maximum of 5 hours. Food trucks have no restrictions on their menu.

Council has assessed the below locations as suitable for mobile food vending vehicles to operate. Food trucks can apply to trade in one or more of these approved locations. • Anzac Park, West Ryde • Blenheim Park, North Ryde • Cottonwood Cres, Macquarie Park

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• Fontenoy Park, Macquarie Park • Kissing Point Park, Putney • Meadowbank Wharf, Meadowbank • Putney Park, Putney • Yamble Reserve, Ryde

Council will consider additional locations proposed by an applicant. Applicants are requested to propose specific sites that they would like to operate from.

Upon proposal, Council will investigate the site and determine its suitability with respect to safety, traffic, parking, Plans of Management, existing businesses, and the environment. The investigation may include a site inspection and seek further input from the applicant.

If the site is determined to be a suitable location for operation, the approval issued will nominate the site, along with specific conditions that apply to that site. Sites located within a 100 metre radius of an existing food business selling similar take-away food will not be considered.

Category 3 – Public Event Approval A Public Event Approval allows mobile food vending vehicles to trade in a public place as part of an approved event. This includes public and private events being held in parks, sportsgrounds, plazas and other public spaces, including City of Ryde events.

Approval Fees Approval fees will be applicable as outlined in Council’s Schedule of Fees and Charges. In 2018/19, the approval fees are: Food Van Approval $226.00 for a 12 month approval Food Truck Approval $350.00 for a 12 month approval Public Event Approval No fee applicable. Approval issued on a per event basis

Issuing of Approval All approvals issued under these guidelines are issued in accordance with the requirements of the Local Government Act 1993.

When an approval is issued, the conditions and duration will be stated in the approval and must be complied with at all times.

Failure to adhere to any condition stated in the approval and/or legislative requirement may result in modification, suspension or revocation of the approval, in addition to prosecution or the issue of fines.

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Inspections All Mobile food vending vehicle operators must have their vehicle inspected for food safety requirements prior to issue of an approval. City of Ryde will recognise inspection assessments issued by other Councils providing they have occurred within three months of the application date. If no such inspection has been conducted, the applicant will be required to make arrangements for a Council Environmental Health Officer to conduct an inspection.

Additional inspection of mobile food vending vehicles may be conducted by Council’s Environmental Health Officers during trade. These inspections are subject to inspection fees which are charged to the proprietor of the business in accordance with Council’s Schedule of Fees and Charges.

Any separate premises must comply with the Food Act 2003, the Food Standards Code, and AS4674 – Design, Fit Out and Construction of food premises. An inspection report form must be provided with each application that certifies the premises meet these requirements. If no such inspection has been conducted, the applicant will be required to make arrangements for a Council Environmental Health Officer to conduct an inspection. These inspections are subject to inspection fees which are charged to the proprietor of the business in accordance with Council’s Schedule of Fees and Charges.

Inspection Fees Inspection fees as outlined in Council’s Schedule of Fees and Charges will be payable if applicable as part of the approval process. Penalties Penalties under the Local Government Act 1993 apply for non-compliance with an approval. Penalties under the Food Act 2003 apply for breaches of the Food Act 20013, Food Regulation 2015, and Food Standards Code. Penalties under the Roads Act apply for breaches of the Roads Act 1993 and parking offences. Responsibilities The implementation of these Guidelines is the responsibility of the City of Ryde City Activation Team and the Environmental Health and Building Team.

The City Activation Team will respond to public enquiries in relation to mobile food vending activities, assessing the locations proposed by food truck operators, and contribute to the conditions of the approvals. They will also be the point of contact to provide advice and assistance as required.

The Environmental Health Team will issue all approvals and conduct inspections to ensure compliance.

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Definitions For the purpose of this document, the definitions below apply:

Mobile food vending vehicles A mobile food vending vehicle is any registered vehicle used on land that is either self-driven or that can be towed down Council-owned roads and that is used in connection with the sale of food.

Food van A mobile food vending vehicle that serves food that is not potentially hazardous, or that involves low risk practices. This may include frothing milk, ice creams, coffee, cakes, pre-packaged sandwiches, soft drinks, snack foods or the like. An example of a food van may be Home Ice-Cream, Mr Whippy or a coffee cart.

Food truck A mobile food vehicle that serves food where there is no restriction to the type of food served. Food trucks typically have kitchen facilities and sell ready to eat take-away foods such as dumplings, pasta, tacos, flame‐ grilled meats, stir fry noodles, grilled skewers, fish & chips, or other similar foods. They may also sell food that is prepared in a kitchen facility which is off site.

Food Business A person using a mobile food vending vehicle for the purpose of selling food.

Event An organised activity, occupying a public space, recreation reserve, park, foreshore or playing field for more than one hour and is attended by 50 people or more.

On-street Trading Trading from a mobile food vending vehicle whilst parked legally on a public road.

Off-street Trading Trading from a mobile food vending vehicle on Council controlled land (including public car parks or community land) or private land.

Public domain Land that is under the care, control and management of Council that is publically accessible.

Private land Land that is not under the care and control or management of Council.

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