Hawkers

By-law No 6 made under Section 145 of the Local Government Act 1993 to provide for licensing of Hawkers.

Licensing of Hawkers

• A person must not sell goods or wares within the Break O'Day municipal area without a licence
• A person must not sell goods or wares in contravention of a licence issued under this By-law or any licence conditions.

Application for a licence

A person is to make written application to the Council for a licence under this By-law by completing and returning the application form together with:-

1. the names and addresses of three residents of the Break O'Day municipal area who support the applicant being granted a licence;
2. a list of goods or wares the applicant proposes to sell or offer for sale;
3. a list of places within the Break O'Day municipal area where the applicant proposes to sell goods or wares;
4. in the case of a Hawker who proposes to sell foodstuffs, a certificate from an Authorised Officer certifying that the proposed method and manner of selling is satisfactory;
5. payment of the prescribed fee set by the Council under section 205 of the Local Government Act 1993.

Duration of licences

A licence issued under this By-law remains in force until June 30 next, unless it is previously revoked.

Allow inspection of licence upon request

A person must produce a current licence for inspection to an Authorised Officer, Officer of the Tasmanian Police or any person to whom the person offers goods or wares upon request.

Vehicles used for food purposes

A hawker must not use a vehicle for the sale, delivery, or carriage of food unless that vehicle:

1. has been certified by an Authorised Officer as suitable for that purpose; and
2. is maintained in a hygienic condition for that purpose.

Hawking in a Business District

A person must not conduct business as a hawker in the Business District, without a licence including a specific condition allowing the hawker to sell goods or wares in the Business District.

Offences, Notices and Penalties

1. A person who contravenes or fails to comply with a provision of this By-law is guilty of an offence.
2. A person who by act or omission commits an offence under this By-Law is liable to a penalty as specified in the By-law for that offence.

Infringement Notices

An Authorised Officer may:

1. issue an infringement notice complying with Section 149 of the Local Government Act 1993 to a person who commits an offence under the By-law; and
2. issue one infringement notice in respect of more than one offence by the same person; and
3. impose a fine for an offence of which the infringement notice is issued equal to the penalty specified in the By-law for that offence.
4. A fine is a penalty payable to Council as an alternative to prosecution and any penalty imposed due to prosecution.
5. A person may avoid prosecution for the offence or offences identified in the infringement notice by paying a fine of 0.5 penalty units to the Council within 14 days of the date of issue of that notice to that person.

Payment of fine

A fine under this By-law may be paid to the cashier at the Council or may be paid to the Council by post.

1. an infringement notice may be served by:
2. • personally serving the notice upon the alleged offender; or
   • sending the notice by certified mail addressed to the alleged offender at their last know place of residence or business.
3. If not more than 21 days after an infringement notice is issued, an Authorised Officer decides that the infringement notice should be withdrawn, the Authorised Officer may withdraw an infringement notice.
4. The withdrawal of the infringement notice will not prevent Council from prosecuting the person who was given the infringement notice for breach of this By-law in the future.

Hawker Application Form (20 kb)