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Footpath Trading Conditions

To apply for a permit there is an application fee and an annual permit fee. If you apply for a permit and it is not approved, the application fee covers the cost of the application and administration. The permit obtained will be valid until 31 December each year. If you have any queries relating to the footpath trading application process, or if you wish to renew an existing permit, please do not hesitate to contact Council’s Community Safety team on 1300 BCOAST (226 278).

Footpath Zones
Council manages footpath trading in to provide a safe environment by ensuring pedestrians have unobstructed passage, in particular those who may be physically or vision impaired, and to ensure the visual amenity of the area is not impacted.
In order to assess application for the Display of Goods, the footpath is divided into three zones. Consideration has been given to the requirements of the Disability Discrimination Act 1992 (DDA) and the Pedestrian Council of Australia’s recommendations when determining minimum widths of zones.

Accessway:
The Accessway (or pedestrian zone) is the area of footpath that extends from the building line or shopfront of business premises and is for the exclusive use of pedestrians.
Accessways allow a clear, safe and consistent pathway which meet the needs of a range of users including parents with prams, pet owners and people of all ages and abilities.
This zone is to remain clear of any obstructions at all times and in all weather conditions. No items are permitted to be placed along the building line or shopfront of the business premises for a minimum of 1.8m-2.0m.
No items may extend into this zone at any time including items overhead below a height of 2.2m.

Trading Activity Zone:
The Trading Activity zone is the only area where footpath trading is permissible. This area may be utilised for placing an advertising sign, display of goods for sale or for use as an outdoor dining area.
It is the area left between the Accessway and Kerbside zone and may vary from street to street, town to town depending on the width of the footpath.
Where business premises are adjacent to an intersection, the Trading Activity zone must not extend past the building line.

Kerbside Zone:
The Kerbside zone is a buffer from the kerb of a minimum of 70cm to ensure access to and from parked vehicles.
Where there is a Disabled Parking bay or a loading zone the setback from the kerb will be at least 1.5m to ensure access for disabled persons, and for delivery and/or loading of goods.
Exclusion areas: in addition to the above three zones a 50cm exclusion zone applies around items such as litter bins, bike racks, phone boxes and public seating. For outdoor dining permits this exclusion zone is 1.0m.

Breach of Conditions

Council reserves the right to do any of the following should there be any breach of the above conditions and/or any relevant Local Laws.

1. Send the permit holder a Notice to Comply

2. Issue an infringement

3. Request immediate removal of all items on the footpath

4. Impound the items with all associated costs needing to be paid, prior to reclaiming items

5. Revoke the footpath trading permit

A-Frame Permit Conditions

1. Permit holder must provide Council with a current copy of their Public Liability Insurance detailing cover of $10m. Public Liability must remain valid for the life of the permit.

2. Permits are valid per calendar year from 1 January to 31 December or any part thereof

3. All application and permit fees are non-refundable

4. Services such as gas, power, water, fire plugs, fire hydrants and telecommunications must not be covered or obstructed by any footpath trading item at any time

5. The outside placement of an advertising sign must be in accordance with the approved site plan/photo as submitted with the application form

6. Only one advertising sign is permitted to be displayed per business premise.

7. Advertising signs must be no larger than 1.2m high and 60 cm wide, with a span of 60 cm unless otherwise approved by an authorised officer

8. Advertising sign must be removed at the conclusion of business each day

9. Advertising signs must not be placed within 50cm of council infrastructure - ie litter-bins, bike racks, phone boxes, public seating and the building line of adjoining premises

10. Advertising signs must only be placed within the Trading Activity zone in front of the business premises it advertises

11. Advertising signs must not be affixed to any footpath, building, street furniture, pole or other structure, nor may they be tied to trees or other vegetation

12. Advertising signs must be weighted so they do not move

13. Inflatable signs, portable electric signs, illuminated, revolving, spinning or flashing signs, flags and banners are prohibited from the footpath

14. These conditions are to be read in conjunction with Council’s Local Law No 1 – Neighbourhood Amenity 2012

Display of Goods Permit Conditions

1. Business owner must provide Council with a current copy of their Public Liability Insurance detailing cover of $10m. Public Liability must remain valid for the life of the permit.

2. Permits are valid per calendar year from 1 January to 31 December or any part thereof

3. All application and permit fees are non-refundable

4. The outside placement of goods must be in accordance with the approved site plan as submitted with the application form

5. Services such as gas, power, water, fire plugs, fire hydrants and telecommunications should not be covered or obstructed by any footpath trading item at any time

6. Goods must only be placed on the footpath during normal or authorised trading hours, and must only be displayed 7.00am and II.00pm on each trading day

7. Goods must be displayed on stable stands approved by an authorised Council Officer and must be able to withstand adverse weather conditions

8. Stands must be secured in a manner that ensures adverse weather conditions will not create a risk for pedestrians, property and passing traffic

9. Stands and goods must not cause any damage to the footpath;

10. Stands and displays are prohibited to exceed a height of 1.5m or overhang this zone

11. Buckets, boxes, loose and/or freestanding items are not permissible

12. Displays must not be affixed to any footpath, building, street furniture, pole, tree or other structure

13. Any awnings to protect goods must be noted on the application site plan and must be securely fixed by an appropriate means to the ground. All retractable awning must be retracted at close of business

14. Food displays are not permitted on the footpath without prior written consent from Council

15. These conditions are to be read in conjunction with Council’s Local Law No 1 – Neighbourhood Amenity 2012

Outdoor Dining Permit Conditions

1. Permit holder must provide Council with a current copy of their Public Liability Insurance detailing cover of $10m. Public Liability must remain valid for the life of the permit

2. Permits are valid per calendar year from 1 January to 31 December or any part thereof

3. All application and permit fees are non-refundable

4. Services such as gas, power, water, fire plugs, fire hydrants and telecommunications must not be covered or obstructed by any footpath trading item at any time

5. The outside placement of tables, chairs, screens and any other items must be in accordance with the approved site plan or photo as submitted with the application form

6. Provision of alcoholic beverages is not permitted unless a separate permit for the service of alcohol has been approved

7. Outdoor dining permits will only be issued to premises that are registered with Council’s Health Department and meet the requirements under relevant Acts and Codes

8. Where a business premise exceeds 12m of frontage then a break of 1.0m will be provided at appropriate point to allow access to the Accessway. Access points must be detailed on the site plan of the application

9. No live entertainment or amplification equipment is permitted within the outdoor dining area without the prior written permission of Council

10. These conditions are to be read in conjunction with Council’s Local Law No 1 – Neighbourhood Amenity 2012

Conduct of Patrons & Service Staff
1. The Business Owner is responsible for the conduct of patrons in the outdoor dining area and must ensure that they do not move tables and chairs from their position and obstruct the Accessway

2. The Permit holder must ensure patrons do not allow prams, pets or other personal items to obstruct the Accessway

3. Serving staff should facilitate free access by pedestrians and give pedestrians priority right of way

Use & Maintenance of Outdoor Dining Areas
1. Permit holders are responsible for maintaining the outdoor dining area. A permit will be cancelled or suspended if instances of littering, untidiness or failure to maintain the Accessway are noted

2. Business owners are responsible for cigarette butts, ash and other litter generated by their patrons in the Trading Activity zone and must ensure these are cleared away at regular intervals

3. Adequate provision of trade waste disposal must be available for disposal of waste – trade waste must not be placed in public street bins

4. Litter generated by footpath trading must be picked up and deposited within the permit holder’s bin. Permit holders and or serving staff found sweeping litter into the gutter will have their permit revoked and will incur littering fines

5. The number of tables and chairs permitted within the Trading Activity zone will be dependent upon the size of Trading activity zone determined in the permit. As a guide A 2-person tables requires a minimum of 2sqm, 3 person tables requires 3sqm 4-person tables requires 4sqm

6. Items which are placed on the footpath must be stable enough to withstand wind gusts and of a design approved by Council.

7. Tables, chairs and screens must not damage the footpath. Permit holders will be responsible for reimbursing Council for any reinstatement works as a result of damage to footpath and/or street fixtures or furniture

Heaters, Screens and Umbrellas

1. Outdoor heaters must be licensed as part of a permit and are to be covered by the permit holders’ public liability insurance. Conditions recommended by the Australian Office of Gas Safety will apply to any approval to place heaters on the footpath. It is the permit holders responsibility to obtain a copy of these recommendations

2. Umbrella awning must not exceed 2.2m high at the lowest or protrude over the kerb

3. Umbrellas must not obstruct traffic signals and/or traffic signs

4. When it is raining, water from large umbrellas must be discharged outside the Accessway

5. Umbrellas and screens must be secured in a manner approved by Council and in a way to prevent risk of injury or damage to people and the footpath

6. Any lock in device must be clearly shown on the permit application

7. For safety reasons, screens or screening devices can be placed where there are tables and chairs

8. Screens must compliment local streetscape

Service of Alcohol Permit Conditions

1. Service of Alcohol permit must only be used in conjunction with a valid Outdoor Dining Footpath Trading permit

2. Permits are valid until 31 December each year

3. Service of Liquor Licence holder must be a member of the local Liquor Accord and maintain membership for the duration of the Service of Alcohol permit

4. Liquor Licence holder and/or a representative must attend 4 of 6 Liquor Accord meetings each year

5. Public health and safety must be taken into consideration at all times

Regulatory Control

1. Variation in the trader’s Service of Liquor Licence must be approved by the Victorian Commission for Gambling and Liquor Regulation

2. All conditions, as detailed in trader’s Liquor Licence, are to be complied with at all time

3. No alcohol is permitted to leave the permit area

4. For the period of the permit, the area in the submitted plans and no other areas are exempt from Local Law No. 1 Neighbourhood Amenity 2012 Clauses 62(1), 71, 72 and 73(3)

Service & Patron Behaviour

1. Behaviour of patrons in the permit area, as defined on submitted red line plan, is to be controlled by the management of the licensed premises

Screening & Equipment

1. Licensed area must be screened and/or fenced in accordance with Outdoor Dining permit conditions

2. All screening and/or fencing and equipment is to be removed immediately after closure of business