The Permit
City of Darwin grants to the permit holder the right to operate a mobile food vending facility on the days and times shown on the permit, in the location defined on the permit. The permit is valid for the period determined by the commencement date and the expiry date indicated on the permit.
The permit holder covenants and agrees to operate the stall safely in accordance with written directions that may be given from time to time by City of Darwin or any other relevant authority.
Fees
The permit holder shall pay to the City of Darwin the permit fee as set out on the permit. Permits will be issued once applications have been approved, and an invoice raised for the permit.
Legislative Compliance
The permit holder shall at his/her own cost and expense observe, comply with and direct all things to ensure that his employees/contractors, agents, invitees and customers comply with all present and future legislation affecting the operation of the stall and its employees/contractors, agents, invitees and customers comply with all statutory or public authority notices served by City of Darwin including but without limiting the foregoing:
- Local Government Act and any Regulations or By-Laws made thereunder,
- the Health Act and any Regulations made thereunder,
- the Fire Service Act and any Regulations made thereunder, and any permits, licenses or authorities granted to the permit holder or which the permit holder may be obliged or required to maintain and any directions, requirements and stipulations made and given under any of the aforementioned Acts or Regulations.
No Offensive Use
The permit holder shall not use or suffer or permit any obnoxious, immoral noise or offensive manner or permit to be done anything which in the opinion of the City of Darwin may or become a nuisance, disturbance or the cause of damage to any member of the public or to the occupier of any adjoining property.
Alcohol
The permit is for the sale of food and/or non-alcoholic drinks only. Pop Up Bars are not permitted as part of the Street Food Program.
Single Use Plastics
The permit holder shall at all times adhere to Councils Single Use Plastic Policy and must make all efforts to use compostable products.
Waste
The permit holder shall during the period of this permit or during any use of a public place by the permit holder or its employees/contractors, agents, invitees or customers:
- Define and execute a waste management plan in accordance with relevant legislation.
- The waste management plan must reflect that reasonable effort will be undertaken to ensure that all litter generated by the issue of this permit be removed by the permit holder.
- No sullage water is to be discharged or be permitted to discharge into any street.
- Failure to comply may result in the cancellation of the permit and/or may incur extra charges for cleaning. Future permits may also be jeopardised through the failure to maintain a satisfactory level of public amenity.
Indemnity
The permit holder indemnifies and agrees to keep indemnified City of Darwin from and against all actions, suits, claims, demands, losses, damages, costs and expenses whatsoever arising from loss, damage or injury to property or persons caused or contributed to by the permit holder, its employees/contractors, agents, invitees, customers or other persons.
Insurance
The permit holder shall effect and maintain in respect of this permit a public risk policy of insurance in the sum of not less than twenty million dollars ($20,000,000) for any one occurrence with a reputable insurer approved by City of Darwin, together with such other insurance (including but without limiting the generality of the foregoing any insurance required under and pursuant to the Work Health Act) that the permit holder shall be required by law to hold and maintain in force.
The permit holder shall, as City of Darwin may from time to time require a reasonable increase, increase the amount of the cover under the said policies of insurance and shall pay all premiums in respect of the said insurances and shall forthwith upon execution hereof and upon the renewal or extension of any such policy of insurance produce and deliver to City of Darwin the policy in respect of the said insurance and receipts for payment of the premiums thereunder.
Notices
If the permit holder receives any notice from any statutory or public authority relating to the operation of the stall, it shall forthwith give notice thereof in writing to the City of Darwin.
Default
This agreement may be terminated by the City of Darwin upon the permit holder failing for a period of 14 days to pay the permit fee herein provided or failing to observe or perform any covenant or agreement on the part of the permit holder herein contained and such failure continues for a period of 14 days.
Waiver
Any waiver by City of Darwin of any breach of any provisions herein contained or implied shall not operate as a waiver of any other breach of same or of any other provision herein contained or implied.
Service of Notices
Any notice, consent, requirement or other communications to be given to the permit holder or served hereunder shall be deemed to have been duly given or served if handed to the permit holder personally or left at or sent in a prepaid registered letter addressed to a place of business or e-mail address of the permit holder. A notice sent by post shall be deemed to have been given or served 48 hours after the time of posting.
No Assignment
The permit hereby granted is personal to the permit holder and the permit holder shall not assign or attempt to assign the benefit thereof or any part thereof to any person without the prior written consent of City of Darwin. Such consent shall not be unreasonably withheld notwithstanding the City of Darwin shall retain the right to review the fee upon permission to assign the benefit hereof.
Cancellation of Permit
This agreement may be terminated by either party giving to the other party notice of such termination in writing and without being obliged to assign any reason therefore such termination to be without prejudice to any rights or obligations of either party that may have accrued prior to such termination.