Temporary Trading on Shire and Private Land

Kojonup loves its markets, fetes, pop-up stalls, food trucks and community events. Whether you are a commercial trader, a community group or a private landowner hosting a market, there are a number of approvals and requirements you need to be aware of before setting up. The Shire of Kojonup is here to help you navigate the process so your event or trading activity runs smoothly and legally.

What is Temporary Trading?

Temporary trading covers any short-term commercial or community activity where goods or services are sold or offered from a temporary location. There are three common types of public trading activity — a street trader offering goods or services in a public place, a stallholder displaying goods from a movable or temporary structure, stand or table, and a hawker going from place to place offering goods or services. 

Do You Need a Permit?

The short answer is — usually yes. Whether you are trading on Shire-managed land or on private property, there are rules that apply.

Trading on Shire Land (Public Places)

Public trading permits are required if you intend to trade or conduct business activities in a public place such as Council land, footpaths, thoroughfares and parks. "Trading" includes selling, hiring, soliciting, displaying or offering goods or services.

A Stallholders Permit is required prior to conducting a stall on any public place. A stall is defined as a moveable or temporarily fixed structure, stand or table in, on or from which goods or services are sold, hired or offered for sale or hire. 

Trading on Shire-managed land without a permit is not permitted and may result in the trader being directed to cease and leave, or an infringement being issued.

Trading on Private Land

If you are operating from or hosting a market or trading event on private property, you still have obligations. Land owner consent to trade must be provided with an application where the trade is proposed to occur on private land or other land not under the Shire's control and management. Where a temporary food stall or food truck is involved, registration under the Food Act 2008 is also required regardless of whether the land is public or private.

Food Stalls & Food Trucks — Additional Requirements

If your temporary trading involves selling or handling food, additional requirements apply under the Food Act 2008 (WA) and the Australia New Zealand Food Standards Code.

All temporary food businesses are required to comply with the Food Act 2008, the Food Regulations 2009 and the Food Standards Code. The food business must be registered under the Food Act 2008 through the local government where the stall or vehicle is stored or garaged.

Commercial food traders operating from a stall, stand or food vehicle must be registered as a food business under the WA Food Act 2008, and a Certificate of Registration issued by the relevant local council must be provided. 

For not-for-profit and community groups such as sporting clubs and charities running a sausage sizzle or low-risk food stall, an application for a Temporary Food Business (Fundraising) form is required to be completed, along with a food stall diagram showing adequate hand washing and dishwashing facilities and meeting minimum Food Safety Standards. 

Applications for temporary food trading should be submitted to the Shire's Environmental Health team at least four weeks before the intended trading date to allow time for assessment.

Public Liability Insurance

Public liability insurance must be maintained for the duration of the permit. Organisers will be required to pay for any damages arising from any activity.

If the event organiser is not providing public and product liability for all stalls participating in the event, then each stall is to submit proof of its own public liability insurance. Most insurers offer specific market stall or stallholder insurance packages for single events or annual cover.

Event Organisers — Your Responsibilities

If you are organising a market, fair, fete or community event — whether on Shire or private land — you are responsible for ensuring that all traders operating at your event hold the required permits, registrations and insurance. You should contact the Shire well in advance to discuss event approvals, site requirements, traffic management, waste disposal, noise and any other relevant considerations.

Where an application for a permit is made seeking to trade at an event which requires the Shire's approval, a permit will not be granted until such time as the event itself has been approved.

Temporary Food Premises Application

Event Application Form

Accessible Events Checklist of Communities

What You Will Generally Need

Before trading temporarily in the Shire of Kojonup, you should ensure you have:

  • A Stallholders or Trading Permit from the Shire (for public land) or written landowner consent (for private land)
  • Food business registration under the Food Act 2008 (if selling or handling food)
  • A current Public Liability Insurance certificate
  • A food stall layout plan (if preparing or handling food)
  • Any relevant event approval if trading as part of a larger event

Charitable & Community Exemptions

Some charitable and not-for-profit activities may be exempt from certain permit fees or food registration requirements. The local government may waive any fee required to be paid by a charitable organisation that does not sublet space to or involve commercial participants in the conduct of a stall or trading, and where any assistants are members of that charitable organisation.  Contact the Shire to discuss whether your community activity qualifies for an exemption.

Apply Early

Processing times for temporary trading permits vary depending on the nature of the activity. We strongly recommend contacting the Shire at least four to six weeks before your planned trading date to allow sufficient time for assessment, especially if food is involved or if the event is on public land.

Contact Us

To apply for a temporary trading or stallholder permit, or to discuss your event, contact the Shire of Kojonup:

  • Phone: 08 9831 2400
  • Email: council@kojonup.wa.gov.au
  • Office: 93-95 Albany Highway, Kojonup
  • Office Hours: Monday to Friday, 8:30am – 4:30pm