A failure by Tauranga City Council to communicate changes to mobile trader rules is being blamed for two businesses missing out on most of the summer.

Papamoa couple Ricky Lee and Anna Lawrence's business Dutch Queen has been forced off the road over a disagreement on the meaning of the council's Mobile Shops Policy bylaw.

OFF THE STREET: Anna Lawrence and Ricky Lee in their mobile trader Dutch Queen.

'The problem was they did this bylaw change last September and didn't notify anybody,” says Anna.

'And their excuses were like, ‘It's not their field to update the website'. It hadn't been updated so no information was available to people like us who were setting up new businesses.”

Ricky and Anna spent seven months and 'tens of thousands of dollars” on the custom fit out of the caravan, plus a lot of market research and what they thought would be their full time summer business.

The council pulled the pin on December 27, saying Dutch Queen cannot operate on a roadway, and they were not successful in their tender for a high foot-traffic car park.

Ricky's had to find other work and they are reduced to only bring the Dutch Queen, which sells drinks, hot chips, ice-creams and German sausages, out for events.

Another mobile trader Brooklyn Reardon also spent months setting up a new business selling natural flavoured ice cream and she got less than a month's trading out of it, says Anna.

'And they were so awful that she sold it.

'Basically anyone who has got a mobile shop licence can't really use it unless they are in a tendered position, which we did apply for.

'We've tried every avenue, it's just that our tender was, - I don't think we put enough financial emphasis on it.”

Guidelines in the council bylaw voted in on September 10, 2013, state tender prices 'are to at least equal or exceed the base licence fee.”

The licence fee is about $600. The tender fee is about $1257, with the top tender paid for a car park at the Mount Main Beach this summer is believed to be in the region of $3700.

There were 15 traders tendering for the six positions. At a recent meeting with a group of mobile traders the council staff conceded they had handled the whole thing badly.

'We've had a different story form everyone we speak to and they had had massive communication problems and they didn't offer any solution,” says Anna.

After losing out on the parking lot tender, they learned the new bylaw prevents them from trading anywhere else due to council's definition of 'roadway”.

The council bylaw's roadway definition states ‘the portion of the road used or reasonably useable for the time being for vehicular traffic in general'. They take that to mean the two laned traffic area, and not the car parks. Council staff take it to mean no car parks.

In September council changed the bylaw meaning mobile food outlets could only park in a residential area for 15 minutes instead of an hour. However, council failed to update its website with the details.

'They've got this new 15 minute rule which they said overruled our licence conditions,” says Anna.

'One of the things coming back from the meeting is they can't do that. We can keep our 60 minute trading, but the biggest problem is they are considering the roadway kerb to kerb so basically you can't trade on any road even if it's a parking space. It's the biggest area of confusion because they have previously allowed it down past Mount Drury.”

As the Dutch Queen cooks food, Anna says there is no way they could operate with even a one-hour limit.

'None of them are communicating with each other. None of them are communicating with us. Our first visit from one of them was on the 27th of December, which was obviously very bad timing for us. If they were going to bring up any issues they could have dealt with it a bit better you know.”

The new bylaw passed on September 10 2013, can be found in the meeting files, the Strategy and Policy Committee meeting of September 10, 2013.

TCC advises the Mobile Shops Policy is available on the mobile shops and fundraising page and policy page.

TCC says the correct policy has been on both of those pages since the policy was changed. It was the supporting brochure that was incorrect and this has now also been fixed.

Mayor Stuart Crosby says a number of street traders attended the meetings and discussion, so the new terms including the 15 minute limit are no surprise to all mobile traders, just some.

'That change was not put on our website so that's a staff mistake, a communication issue that needs to be addressed,” says Stuart. 'I understand it is on the new licences.”

He's not sure how it's to be resolved but is happy to talk with those who have been inconvenienced.

'I would rather sit round the table with them and discuss what the options are rather than dragging in lawyers.”

It also depends on the number of people that are actually affected. A number of traders were aware of the new bylaw despite the communication lapse.

'So it's not all it's just a few, and we need to find out who these few are, and I'm happy to have a conversation with them about moving forward.”