Permit Conditions

1. Grant of Permit

1.1. The permit is valid from the Commencement Date to the Expiry Date.

1.2. The permit enables the permit holder to operate a mobile food service only. No other enterprises may operate under this permit.

1.3. Upon expiry of this permit, the permit holder has no express or implied right to operate a mobile food service at any location.

1.4. The sale of food and operation of a mobile food service is permitted from a vehicle (such as a mobile food van), trailer or removable and temporary structure at the Authorised Location only.

2. Fees

2.1 The permit holder shall pay all applicable permit fees as varied from time to time set out in the City of Darwin Fees and Charges schedule available on its website.

2.2 All permit fees are non-refundable.

3. Extensions of Time for Permits

3.1 Applications to extend this permit must be submitted by written request to City of Darwin at least twenty-eight (28) days before the permit expiry date.

4. Operational Requirements & Compliance

4.1. The permit holder must operate their mobile food service in a safe, responsible, and professional manner.

4.2. The permit holder must provide a continuous and reliable service to the community for the duration of the permit.

4.3. The permit holder must comply with all written directions issued by City of Darwin or any other relevant authority.

4.4. The operation of mobile food service must not interfere with vehicular access along the street or pedestrian access along any footpath.

4.5. When vacating the Authorised Location, you must leave the site in a clean and tidy condition and agree to remove all refuse from the area and any surrounding areas.

4.6. Failure to adhere to operational and compliance standards may result in a suspension or revocation of this permit.

5. Restrictions During Special Events

5.1. This permit is not valid during periods during major events, parades, festivals or special events.

5.2. Vendors will need to apply directly to the event organiser to operate a food service during such events.

6. Amendments & Termination

6.1 City of Darwin reserves the right to amend, suspend, or revoke a permit if the permit holder fails to comply with the terms and conditions outlined in these permit conditions.

6.2 City of Darwin may revise these permit conditions at any time, with 24 hours’ notice provided to affected vendors.

7. Non-Transferability of Permit

7.1 The permit is non-transferable and is granted exclusively to the permit holder. Any unauthorised assignment or transfer shall be deemed invalid.

7.2 The permit holder is strictly prohibited from assigning, transferring, or attempting to transfer any rights or benefits under this permit to another person or entity.

8. Cancellation of Permit

8.1 Either the permit holder or City of Darwin may terminate this permit by providing written notice to the other party.

8.2 Termination may be exercised without obligation to provide a reason.

8.3 Termination does not affect any rights or obligations accrued by either party prior to the termination date.

9. Legislative Compliance

9.1 The permit holder shall, at their own cost, ensure compliance with all relevant legislation, regulations, and permits, including but not limited to:

• Local Government Act 2019 (NT) and applicable by-laws.
• Food Act 2004 (NT) and food safety regulations.
• Fire and Emergency Act 1996 (NT) and any safety requirements.
• Disability Discrimination Act 1992 (Cth) and relevant regulations.
• Work Health and Safety (National Uniform Legislation) Act 2011 and any relevant regulations.

9.2 The permit holder is responsible for ensuring that employees, contractors, agents, and invitees comply with all statutory and regulatory requirements.

10. Prohibited Uses & Conduct

10.1 The permit holder must not engage in obnoxious, immoral, noisy, or offensive conduct.

10.2 Any activity deemed a nuisance or disturbance to the public, adjoining property owners or other permit holders may result in permit cancellation.

11. Alcohol Sales

11.1 This permit is strictly for the sale of food and non-alcoholic beverages.

11.2 Pop-up bars and alcohol sales are not permitted under this permit and may be a breach of Northern Territory liquor laws.

12. Environmental Compliance & Waste Management

12.1 The permit holder must comply with the City of Darwin’s Single-Use Plastics Policy and prioritise compostable and sustainable packaging.

12.2 To the extent that it is applicable, the permit holder must comply with all relevant provisions of the Waste Management and Pollution Control Act 1998 (NT).

12.3 The permit holder must implement a waste management plan that includes:
a. Removal of all litter generated by their operation.
b. Proper disposal of sullage water in compliance with environmental regulations.
c. Keeping the trading site clean and presentable at all times.

13. Indemnity

13.1 The permit holder indemnifies and agrees to keep indemnified City of Darwin against all claims, losses, damages, costs, or legal liabilities arising from:

• personal injury, property damage or any loss (however described) caused by the permit holder’s operations.
• any failure to comply with the terms of this permit.

14. Insurance

14.1 The permit holder must maintain a public liability insurance policy of at least $20 million per occurrence, with a reputable insurer.

14.2 Proof of insurance must be provided upon request and kept valid for the duration of the permit.

14.3 City of Darwin may require an increase in the insurance coverage if deemed necessary.

15. Notices & Compliance with Authorities

15.1 If the permit holder receives any notice from a statutory or public authority regarding their operations, they must notify City of Darwin in writing immediately.

15.2 Any notice or communication under this permit shall be deemed duly served if:
a. Hand-delivered to the permit holder.
b. Affixed to any vehicle, trailer or temporary and removable structure at the permit holders Authorised Location.
c. Sent via registered post to the permit holder’s business address (deemed received after 48 hours).
d. Emailed to the supplied contact email of the permit holder

16. Default & Termination

17.1 City of Darwin may terminate this permit if the permit holder:
a. Fails to pay the permit fee within 14 days of the due date.
b. Fails to comply with any term or condition of the permit.
c. Engages in conduct detrimental to the program, public safety, or community well-being.

17. Waiver

18.1 City of Darwin's waiver of any breach of these permit conditions do not waive any other breach of the same or any other provision.