Street and public places trading
Street trading is how we generally describe the sale of goods and services in public places. It includes, but isn't limited to, markets and street stalls, hawking, mobile shops, dining on the footpath, and amusement devices.
To make sure street/public places trading in Auckland is well managed and consumers have a level of protection, we issue licenses to traders and check that they follow our guidelines.
These guidelines are currently set out in local bylaws for different regions of Auckland.
A review is currently underway to replace these bylaws with a single region-wide bylaw. For more information, please refer to the Bylaws under review.
If you are proposing to operate your activity on a local or sports park you will also need to gain landowner approval for this activity from the Local and Sports Park unit. This process will be managed by the Licensing and Compliance staff, who will liaise with Parks staff. You will be required to provide additional information on how your activity may impact on the park. Please refer to the following link for further details on this additional information requirement: How to apply for a permit to carry out commercial activities on parks and reserves, such as mobile vendors.
Central Auckland
Applying for a street trading licence
If you are applying for a street trading licence in the Auckland central area you will need to follow the guidelines set out in Bylaw No. 20 Public Places 2008.
For more information and an application form, please contact us or visit our Graham Street service centre.
Special guidelines for street trading
There are also some special guidelines for certain street trading activities as follows:
Outdoor dining and drinking facilities in public places
With a warm climate, especially in summer, Auckland has many opportunities for al fresco or outdoors dining. Businesses in the Auckland central area can apply and pay for a licence from the Council that allows them to use part of the footpath in front of their building to seat customers outside. The terms of this licence also require the business to:
- avoid compromising street amenity and local character
- allow pedestrian flow
- comply with appropriate health and safety regulations.
For advice on how to follow these guidelines, or to apply for a licence, please contact us.
Giving away goods in public places
Sometimes organisations use free giveaways to promote a product or service. We have a policy for this that applies to organisations and individuals operating in the Auckland central area. The terms for getting this licence also requires you to:
- avoid compromising street amenity or local character
- allow pedestrian flow
- comply with appropriate health and safety regulations.
For advice on how to follow these guidelines, or to apply for a licence, please contact us.
Sale of goods and services in public places
Our guidelines for sale of goods and services in public places, including markets and street stalls, is currently being finalised. Please contact us.
Food and street stalls
See Food stall registration.
North Auckland
Rodney District
Bylaws for street trading in the Rodney District area cover a number of different activities.
To apply for a street trading licence, please contact us.
For food and street stalls, see Food and street stall licences.
For all other street trading licences and permits in the Rodney District, including the operation of amusement devices and commercial activities in parks or reserves, please contact us.
North Shore
Bylaws for street trading in the North Shore area cover a number of different activities. Refer to the Trading in Public Places Bylaw.
Food and street stalls
See Food stall registration.
West Auckland
Under the former Waitakere City Council Bylaw No. 4 Public Places 2010, all hawkers, mobiles shops and stalls or stands need to get a Street Trading Licence from Council before they set-up.
Applying for a street trading licence
To apply for a street trading licence in the former Waitakere City Council area, please contact us.
Special guidelines for street trading
There are some prohibited streets and public places in the former Waitakere City Council area where hawkers, stalls or stands or mobile or travelling shops are not allowed to operate. There are also some exceptions and more detail for each type of activity contained within the bylaw as follows:
Hawkers
In simple terms a hawker is a door-to-door-salesman undertaking 'cold' sales e.g. a bun-runner.
In legal terms a hawker is defined as 'any person who carries or takes about any goods, wares, or merchandise for sale not in pursuance of any invitation to call with, or of any previous order of request for, such goods, and includes a peddler and any person who exposes for sale any goods, wares, or merchandise carried or taken about by him, or solicits the custom of any other person; and whether any such person shall carry any such goods, wares, or merchandise or not, but does not include any person who uses any vehicle as a mobile or travelling shop'.
Mobile shops
A mobile or travelling shop is defined as 'a vehicle, whether self-propelled or not, from which goods, wares, or merchandise are offered or exposed for sale in the street, or from which goods, wares, or merchandise may be ordered.(whether or not in pursuance of any invitation to call with the goods, wares, or merchandise) or from which services are offered for sale in the street. This does not include any vehicle on or from which food is sold for consumption in or at the vehicle, or any vehicle used for the purpose of transporting and delivering goods, wares or merchandise pursuant to a prior order placed for the delivery of goods, wares, or merchandise'.
Mobile or travelling shops, such as ice-cream or fruit vans, may not stop on any public road or public place for any period greater than 10 minutes, unless Council has issued them a stall licence.
Stalls and stands
See Food stall registration.
South Auckland
Manukau
The Events and Trading in Parks and Public Places Bylaw details the type of trading activities that are allowed, those which require permission from the council and those which are prohibited.
Franklin District
The Trading in Public Places Bylaw 2008 regulates the sale of goods from mobile or travelling shops and hawkers.
For more information about food stall trading in South Auckland, see Food stall registration, or contact us.
See also Street performance and busking.