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Application to Display Goods or Advertising Boards on a Footpath

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					                                                   East Gippsland Shire Council

        Postal Address                                                                                Corporate Centre
        PO Box 1618                                                                                   273 Main Street
        Bairnsdale Vic 3875                                                                           Bairnsdale Vic 3875
        Website www.egipps.vic.gov.au                                                                 Telephone: 03 5153 9500
        Email feedback@egipps.vic.gov.au                                                              Facsimile: 03 51539576
                                                                                        Residents Information Line 1300 555 886



Application to Display Goods or Advertising Boards on a Footpath in
             accordance with the Footpath Trading Code
                                                      General Local Law 2000

                             Annual fee applies. Fee Payable: $85.00 Per Square Metre

I/We the undersigned hereby apply to the East Gippsland Shire Council for a permit to display
goods /advertising boards on a public footpath.
 Application Date: _____/_____/_____

Applicant:
 Last Name: __________________________                           First Name: ___________________________

 Phone No: ______________________ Trade Name: _______________________________

 Postal Address: ______________________________________________________________

 ___________________________________________________________________________

 Full Address of Location: _______________________________________________________

 ___________________________________________________________________________

 Type of Goods or Advertising Board: _____________________________________________

 Area required: _______________________________________________________________
                                                       (Length x Width)

I, the undersigned hereby agree to abide by the conditions set out in the prescribed Footpath
Trading Policy and attached document:
 Signature of Applicant: ________________________________________________________

PLEASE NOTE: Proof of your Public Liability Insurance is required before this permit can be
issued. (Minimum $10 Million dollar cover)
 Office Use Only:
 Licence Ref No: LC/LL/PP_________ Method of Payment:                         Cash        Cheque          Credit Card
 Receipt Date: _____/_____/_____ Amount Paid: $ _________ Receipt Number: ________________


Privacy Statement
The East Gippsland Shire Council collects personal information to levy rates, issue permits and licences, and provide a variety of
community services. The information collected in this form is used only for the purposes contemplated by the form (primary
purposes) and is not passed on to third parties. In some instances however, disclosure is required by law or is necessary for the
protection of persons or property. Where this occurs, Council will take every reasonable step to ensure your privacy is protected in
accordance with the Information Privacy Act 2000 (Vic). You may obtain further information about Council’s Privacy Policy by
contacting our Information and Privacy Officer on 5153 9500 or e-mail feedback@egipps.vic.gov.au

                                                                                                          AS-F12.JUL10
                                         East Gippsland Shire Council

      Postal Address                                                                  Corporate Centre
      PO Box 1618                                                                     273 Main Street
      Bairnsdale Vic 3875                                                             Bairnsdale Vic 3875
      Website www.egipps.vic.gov.au                                                   Telephone: 03 5153 9500
      Email feedback@egipps.vic.gov.au                                                Facsimile: 03 51539576
                                                                        Residents Information Line 1300 555 886



                                                  Conditions
This permit is conditional on the permit holder complying fully with these conditions and any other
statutory obligation associated with the activity.

   General

      1. You must supply a copy of your current public liability insurance policy to Council to the value of
         10 million dollars for the duration of the permit.

      2. That the licence is set at an annual fee per square metre, no pro-rata accepted.

      3. The permit must be renewed by April 30th each year.

      4. The tables, chairs, A frame advertising sign, goods/food displays and screens/planter boxes must
         be positioned at kerbside of footpath allowing a minimum of 0.75 metre clearance from the kerb.

      5. An unobstructed minimum of 1.8 metres wide pedestrian corridor is required along the footpath
         parallel to the premises property line.

      6. Failure to comply with these conditions or any directions given by Councils Authorised Officers
         may result in the said goods being impounded, the permit being revoked, and an on the spot
         $100.00 fine being issued or prosecution action before the Magistrates Court.

      7. All items must be removed at the cease of trading each day.

      8. Council reserves the right to refuse and cancel any application.

      9. Any tables, chairs, A frame advertising sign and saleable goods, which in the opinion of Councils
         Authorised Officer, detract from the aesthetic appearance of the building or streetscape, will not
         be permitted.

      10. Operators must take all necessary steps to ensure no noise or other disturbance or emanates
          from their kerbside activity, which causes a nuisance to others or causes detriment to the amenity
          of the neighbourhood.

          a.      No sound amplification equipment, juke boxes or loud speakers shall be placed used in
                  the kerbside seating area for the purpose of announcement, broadcast, playing music or
                  similar purposes.

          b.      No live entertainment is permitted without the written permission of the Authorised
                  Officer.

      11. The placement of items on the footpath must allow for free access to public transport stops, water
          hydrants, pedestrian crossings, bins, seats, post boxes and all other facilities provided within the
          footpath reserve.

      12. Advertising signs, goods, chairs and tables should have a contrasting colour to their background
          to assist the vision impaired. Applicants need to consider heritage overlays, existing streetscapes
          and any design or colour themes agreed amongst trader associations when selecting furniture.


                                                                                         AS-F12.JUL10
                                   East Gippsland Shire Council

Postal Address                                                                  Corporate Centre
PO Box 1618                                                                     273 Main Street
Bairnsdale Vic 3875                                                             Bairnsdale Vic 3875
Website www.egipps.vic.gov.au                                                   Telephone: 03 5153 9500
Email feedback@egipps.vic.gov.au                                                Facsimile: 03 51539576
                                                                  Residents Information Line 1300 555 886


A Frames

1. Any temporary sign must not exceed 0.6 metre in width or 1.0 metre high, and may only be
   displayed outside the premises to which they relate, and only at times during when the premises
   are open to the public.

2. The maximum number of signs allowed per premises is two.

Displays (Goods / Food)

1. Goods for display other than food shall not exceed a height of 1.2 metres or 0.75 metre in width.
   Goods may only be placed outside premises to which they relate and must be confined within the
   property boundary and must not be affixed to any footpath, building, street furniture, pole or other
   structure. Sandbags or similar devices should be used to prevent disturbance by wind.

2. Food display units must be of solid construction and capable of bearing the weight of the
   proposed display; secured in place so that it can not move due to wind; have a total maximum
   height of 2.1 metres, width 2.0 metres and depth of 1.0 metre; and the underside of any roof or
   canopy on the unit must be a minimum of 1.9 metres from the footpath level and be able to be
   removed from the footpath (including ornaments and any other item attached to the unit) within
   ten minutes of a request by an Authorised Officer.

3. No goods may be stored on the footpath under or beside the unit.

4. The display of fresh fruit and vegetables, tinned and dry packaged foods are permitted subject to
   such displays being in units specifically designed for that purpose.

5. The feet or wheels of all items placed on the footpath must be covered and maintained with a
   suitable rubber stopper/tyre or other device to protect the footpath to the satisfaction of the
   Authorised Officer.

Tables / Chairs / Umbrellas

1. No chairs are to back on to the kerb unless a screen or planter box separates them.

2. Umbrellas may be provided for tables on the condition that there is a minimum of 2.1 metres
   height clearance from the underside of the umbrella to the footpath and they are securely
   weighted or fastened. The umbrella must not extend into the 1.8 metres pedestrian corridor.

3. Where service of food to tables on footpath is permitted, operators must clear away litter, cigarette
   butts, food scraps and other rubbish left on the site and deposit it within the operator’s own bins
   that are kept inside the premises. The operator must not sweep or deposit any dirt, litter, cigarette
   butts or other rubbish left on site into the gutter.

4. No food or drink is to be prepared, cooked or heated at the kerbside seating. The preparation,
   handling and serving of food and drinks to patrons at tables and chairs is to be in accordance with
   Food Act 1984, Codes of Practice and any requirement as specified by Councils Environmental
   Health Department.

5. The permit holder is responsible for the conduct of patrons at tables and chairs and ensuring
   patrons do not rearrange tables and chairs to obstruct the footpath.


                                                                                   AS-F12.JUL10
                                   East Gippsland Shire Council

Postal Address                                                               Corporate Centre
PO Box 1618                                                                  273 Main Street
Bairnsdale Vic 3875                                                          Bairnsdale Vic 3875
Website www.egipps.vic.gov.au                                                Telephone: 03 5153 9500
Email feedback@egipps.vic.gov.au                                             Facsimile: 03 51539576
                                                               Residents Information Line 1300 555 886


Screen / Planter Boxes / Display Units

1. The maximum height for screen or planter boxes (including plant height) is 1.0 metre and each
   planter box or screen must not exceed a length of 1.8 metres.

2. Screens, planter boxes and display units must have a space of 0.75 metre between each. Where
   adjoining businesses have the same, there must be a minimum of 0.75 metre space between
   units at the property boundary, thus providing a total of 1.5 metres pedestrian access.

3. Depending on its merits, the maximum number of planter boxes allowed will be four, and the
   permit holder is responsible for the care, maintenance and replacement of planter tubs/boxes and
   any plants there in.




                                                                                AS-F12.JUL10
Footpath
Trading

 Policy
 Adopted by Council

   October 2006




                      AS-F12.JUL07
                             EAST GIPPSLAND SHIRE COUNCIL

                                  FOOTPATH TRADING POLICY
CONTENTS
1.     POLICY OBJECTIVE .............................................................................................. 1
2.     POLICY STATEMENT............................................................................................. 1
3.     INTRODUCTION ..................................................................................................... 1
4.     PERMITS ................................................................................................................. 1
5.     GUIDELINES ........................................................................................................... 2
     5.1       PART A – OBJECTIVES AND PERFORMANCE STANDARDS....................... 2

               5.1.1     General ........................................................................................... 2
               5.1.2     Physical Safety ............................................................................... 2
               5.1.3     Advertising ...................................................................................... 2
               5.1.4     Community Safety .......................................................................... 3
               5.1.5     Food Safety .................................................................................... 3
               5.1.6     Amenity........................................................................................... 3
               5.1.7     Urban Design.................................................................................. 3
               5.1.8     Emergency Services and Special Events ....................................... 3
     5.2       PART B – MANDATORY REQUIREMENTS..................................................... 4

                5.2.1           Tables and Chairs – Kerbside Eating ............................................. 4
                5.2.2           Advertising Signs on Footpath (“A” Frame Signs) .......................... 6
                5.2.3           Loading Zones ................................................................................ 6
                5.2.4           Disabled Parking Spaces................................................................ 6
                5.2.5           Goods Displays (other than food – see Section 5.2.4) ................... 6
                5.2.6           Food Displays ................................................................................. 7
                5.2.7           Planter Displays (exclusive of kerbside café activity) ..................... 8
6      CONDITIONS APPLICABLE TO ALL PERMITS ................................................... 8
7      SERVICE AUTHORITY WORKS AND SPECIAL EVENTS.................................... 9
8      PUBLIC LIABILITY INSURANCE AND INDEMNITY ............................................. 9
9      APPLYING FOR A PERMIT.................................................................................. 10
10          DECISION MAKING .......................................................................................... 11
11          PERMIT FEE AND PERIOD OF PERMIT.......................................................... 11
12          ENFORCEMENT................................................................................................ 12
13          ENQUIRIES........................................................................................................ 12
14         DIAGRAMS......................................................................................................... 13

           14.1      Diagram 1 – Placement Of Tables .......................................................... 13
           14.2      Diagram 2 – Placement of Chairs............................................................ 13
           14.3      Diagram 3 – Placement of Umbrellas...................................................... 14
           14.4      Diagram 4 – Placement of Screens/Planters........................................... 14
           14.5      diagram 5 – Placement of (non food) Goods Displays ............................ 15
           14.6      Diagram 6 – Placement of “A” Frame Signs and Planters....................... 15
           14.7      Diagram 7- Placement of food Displays .................................................. 16
           14.8      Diagram 8 – Food Display Stands........................................................... 16



                                                                                                              AS-F12.JUL10
1.    POLICY OBJECTIVE

This policy has been prepared to provide guidance for Council and the Community and
direction for Council Officers.

2.    POLICY STATEMENT

To provide a safe environment for people who use the footpaths throughout the East
Gippsland Shire and to provide a clear path for all people to move along those footpaths.

3.    INTRODUCTION

Council has a legal responsibility under the Disability Discrimination Act 1992 –
Section 23 Access to Premises, to ensure safe and equitable usage of footpaths for
people with a range of disabilities.

The Human Rights and Equal Opportunity Commission recommends that in order for
local government to fulfil its responsibilities under the Disability Discrimination Act 1992,
footpaths should as far as possible allow for a continuous accessible path of travel that
extends from the property line at least 1.8 metres wide and 2.0 metres high with no
obstructions or projections, in order to provide the best possible guidance line for all users
including people with disabilities.

With this in mind, the East Gippsland Shire Council’s Footpath Trading Policy has been
developed.

Having regard to Council’s responsibilities and feedback received from the community,
the following guiding principles were used in developing this Policy: -

Guiding Principles – Footpath Trading Policy (in order)

(a)    To provide a clear, safe and unobstructed access for all users along the Shire’s
       footpaths in accordance with Council’s statutory responsibilities;

(b)    The need for a simple user-friendly policy for traders;

(c)    Council support for the long-term viability and sustainability of retail business.

4.    PERMITS

For the Policy to be effective, Council has a permit system in place to standardise the
placement of items on footpaths – tables and chairs, “A” frame signs; and goods displays,
etc.

Council’s General Local Law 2000 Item 2.8 prohibits the placement of items on footpaths
unless a permit has been issued. The permit allows for the placement of items on the
footpath provided business operators comply with the conditions of use.

Applicants are required to submit an application, including the payment of a fee, with a
site plan detailing the proposal and evidence of public liability insurance coverage.

A permit grants limited rights to business operators to place items on the footpath and to
use public space for business and commercial purposes. The permit may specify



___________________________________________________________________________

                                                                                                 1
conditions such as hours of use, period of permit and type of items to be placed. Council
reserves the right to withdraw the permit should the public space be required for any
other purpose and/or if conditions of use are not being adhered to.

It is anticipated that in some circumstances, eg narrow footpaths, Council may not be in a
position to issue a permit. The permit period will normally be twelve months from 1 May
and renewed annually. New applications will also expire on 30 April. Pro-rata payments
may be considered.

5.    GUIDELINES

The Guidelines should assist business operators to make an application to place items on
the footpath and will form the basis of any approval by Council’s authorised officer to
grant a permit. Part A of the Guidelines outlines the objectives and performance
standards that will be considered, and Part B specifies the mandatory requirements that
will need to be met to enable Council Officers to give approval for the granting of a permit.

5.1   PART A – OBJECTIVES AND PERFORMANCE STANDARDS

      5.1.1 General

      The placement of items on the footpath and use of public space may be influenced
      by local conditions including the width of footpaths, proximity to major roads,
      loading zones, clearways, designated parking bays for people with disabilities,
      traffic lights, pedestrian crossings, pram crossings, placement of other existing or
      proposed street furniture, landscaping or the volume of pedestrians using footpaths
      at particular times. All activity must operate within the boundaries that are
      determined by the authorised officer.

      Both Council and individual traders have a duty of care to footpath users and
      consumers and it is most important that kerbside furniture and other items are
      placed in such a way that people with disabilities (independent mobility aids, vision
      impairments), and those with prams or trolleys can move easily along the footpath.
      Similarly provision must be made for people entering or exiting parked vehicles.

      5.1.2 Physical Safety

      The safety of all pedestrians, motorists, cyclists and other footpath or road users
      must be a priority and is one of Council’s major obligations. Pedestrians crossing
      the road should not be faced with a continuous row of screens or planter boxes that
      prevent access to the footpath. Sight lines for users need to be considered in each
      situation and in particular at intersections.

      Where the requirements of these Guidelines cannot be satisfactorily complied with
      and an authorised officer believes the proposal will create a hazard to pedestrians,
      motorists or cyclists, a permit will not be issued.

      5.1.3 Advertising

      The opportunity to place items on the footpath (other than for “A” frame signage) is
      not intended to provide for additional advertising space. Excessive advertising on
      outdoor structures such as chairs, umbrellas and the like, would be considered




___________________________________________________________________________

                                                                                                2
    contrary to the spirit and intent of this Policy. All advertising will need to comply
    with East Gippsland Shire Council’s Planning Scheme.

     Community Safety

    Increased activity such as that provided by kerbside      cafés adds to community
    safety – the sense of seeing and being seen. A             diverse streetscape also
    encourages increased usage of public spaces and has       the potential to strengthen
    our sense of community with strip shopping centres         being seen as important
    meeting places.

  Food Safety

    The proprietor of any business granted an appropriate permit must ensure that food
    is displayed on footpaths in strict accordance with the Food Act 1984, its food safety
    plan and these guidelines.

     Amenity

    Operators must comply with other relevant standards, including the Environment
    Protection Authority’s noise emission controls, and ensure that no noise or other
    disturbance causes a nuisance to others or causes detriment to the amenity of the
    neighbourhood.

    Applicants need to ensure that proposals do not detract from the overall streetscape
    and image of the area. Bulky furniture, excessive signage or goods displays may
    add unnecessary clutter that detracts from the image of a particular street or
    shopping precinct and create a hazard to the vision impaired. The design of
    furniture and items should take account of safety, eg rounded edges on tables;
    provision to withstand windy conditions and the like.

    Operators must clear away litter, food scraps and other rubbish left on the site and
    deposit it within the operator’s own bins that are kept inside the premises.

     Urban Design

    It is not proposed to define or specify the particular design or colour scheme of
    items placed on the footpath. However applicants will need to consider heritage
    overlays, existing streetscapes and any design or colour themes agreed amongst
    trader associations when selecting furniture.

    Food display stands will need to comply with the safety design standards set out in
    these Guidelines (refer Pages 6 and 7).

     Emergency Services and Special Events

    Service authorities may require access to work on underground services or it may
    be necessary to remove items for annual parades, festivals or special events.
    Reasonable notice will be given where possible.




___________________________________________________________________________

                                                                                             3
  PART B – MANDATORY REQUIREMENTS

  Tables and Chairs – Kerbside Eating

                    Location and Siting

                    (1)   Tables and chairs must be setback a minimum of
                          0.75 metres from the kerb (see Diagrams 1 and 2 –
                          Page 14). Chairs must not be placed so as to back onto the
                          kerb unless a screen or planter box separates them.
                          Setbacks greater than 0.75 metres may be required under
                          some circumstances.

                    (2)   Tables and chairs may only be placed outside the premises
                          to which they relate and must be confined within the
                          property boundary lines (see Diagram 1 – Page 14).

                    (3)   An unobstructed minimum 1.8 metre wide pedestrian
                          corridor is required along the footpath parallel to the
                          premise’s building line (see Diagram 1 – Page 14).

                    (4)   Permission may be granted to extend the placement of
                          tables and chairs beyond the immediate boundary of the
                          operator’s premises.     An application will need to be
                          accompanied by written permission from the proprietor of
                          the premises that fronts the footpath on which the tables
                          and chairs are intended to be placed.

                    (5)   In determining the approval of an application, Council’s
                          authorised officer will need to be satisfied that the intent and
                          requirements of these Guidelines can be adhered to. Such
                          approval may be withdrawn at any time.

                    Advertising

                    (1)   Council encourages innovation in design, however the
                          opportunity of footpath trading should not be used as a
                          basis for creating increased advertising space.

                    (2)   Applicants may feature the name of their business premises
                          or relevant product names on umbrellas or screens in
                          compliance with East Gippsland Shire Council’s planning
                          guidelines. Details of any proposed signage on furniture
                          must be submitted with the application.

                    Screens/Planters/Umbrellas

                    (1)   The maximum height for screens or planters (including plant
                          height) is 1.0 metre. Planters can be used as screens to
                          divide and delineate one kerbside café site from another
                          however must not extend beyond the width of the seating
                          area. They may also be used to separate the seating area
                          from the kerb. Each planter or screen must not exceed a
                          length of 1.8 metres and those parallel to the kerb must
                          have a spacing of 0.75 metres between.
___________________________________________________________________________

                                                                                             4
                   (2)   Umbrellas may be provided for each table on the condition
                         that there is a minimum of 2.1 metres height clearance from
                         the underside of the umbrella to the footpath and they are
                         securely weighted or fastened. The umbrella must not
                         extend into the pedestrian corridor so as to cause a hazard
                         to people moving past the site (see Diagram 3 – Page 15).

                   Hours of Operation

                   (1)   The footpath may be used for trading in accordance with the
                         hours of business currently allowed under the traders
                         planning permit. After closing all items must be removed
                         from the footpath.

                   (2)   Notwithstanding 5.2.1.4 (1) above all tables, chairs and
                         ancillary items must be removed and the footpath kept clear
                         to facilitate street cleaning when required. An authorised
                         officer may direct the removal of items at particular times or
                         on particular days to accommodate this activity.

                   Food Safety

                   (1)   No food or drink is to be prepared, cooked or heated at the
                         kerbside seating.

                   (2)   The preparation, handling and serving of food and drinks to
                         patrons at tables and chairs is to be in accordance with the
                         Food Act 1984, Codes of Practice and any requirements as
                         specified by Council’s public health department.

                   Amenity

                   (1)   The proprietor of the kerbside seating must take all
                         necessary steps to ensure that no noise or other
                         disturbance emanates from the kerbside activity which
                         causes a nuisance to others or causes detriment to the
                         amenity of the neighbourhood.

                   (2)   No sound amplification equipment, juke boxes or loud
                         speakers shall be placed or used in the kerbside seating
                         area for the purpose of announcements, broadcasts,
                         playing of music (whether recorded or otherwise) or similar
                         purposes.

                   (3)   No live entertainment is permitted without the written
                         permission of the authorised officer.

                   (4)   The permit holder is responsible for:

                         (a)   the conduct of patrons at tables and chairs; and

                         (b)   ensuring patrons do not re-arrange the tables and
                               chairs and obstruct the footpath.



___________________________________________________________________________

                                                                                          5
     5.2.2   Advertising Signs on Footpath (“A” Frame Signs)

             (1)    Advertising signs may be displayed a minimum of 0.75 metres from
                    the kerb (see Diagram 6 – Page 16) and must comply with East
                    Gippsland Shire Council’s planning guidelines. Setbacks greater
                    than 0.75 metres may be required under some circumstances.

             (2)    An unobstructed minimum 1.8 metre wide pedestrian corridor is
                    required along the footpath parallel to the premise’s building line
                    (see Diagram 6 – Page 16).

             (3)    An advertising sign must not exceed 0.6 metres in width or
                    1.0 metre in height. Despite this requirement an authorised officer
                    may approve an existing sign to exceed these dimensions provided
                    the sign is stable, does not cause an undue obstruction and meets
                    all other criteria set out herein.

             (4)    Portable electric signs, illuminated, revolving, spinning or flashing
                    signs are prohibited.

             (5)    Advertising signs may only be displayed outside the premises to
                    which they relate and only at times during which those premises
                    are open to the public.

             (6)    The maximum number of signs allowed per premises is two (2).

             (7)    Applicants wishing to place advertising signs relating to premises
                    that do not have a street frontage may be granted a permit to place
                    an advertising sign on a nearby footpath. Written approval from the
                    adjoining business must be provided.

     5.2.3   Loading Zones

             (1)   Shop fronts facing a loading zone may be permitted under the terms
                   of the permit to place approved furniture or equipment on 50% of the
                   footpath trading zone, provided all other conditions of the Code of
                   Practice are met. Council must ensure that a person loading and
                   unloading can safely access the footpath.

     5.2.4   Disabled Parking Spaces

                   Shop fronts facing a disabled parking space may be permitted under
                   the terms of the permit to place furniture or equipment on 50% of the
                   footpath trading zone, provided that all other conditions of the Code
                   of Practice are met. Council must ensure that the disabled parking
                   space can be accessed safely by people with disabilities in particular.

     5.2.5   Goods Displays (other than food – see Section 5.2.4)

             (1)   Goods for display or sale must only be placed on the kerbside of the
                   footway and must not extend more than 0.75 metres in width. The
                   total maximum height for a goods display, including the stand, goods
                   and any signage/decoration, must not exceed 1.2 metres.



___________________________________________________________________________

                                                                                             6
            (2)   An unobstructed minimum 1.8 metre wide pedestrian corridor is
                  required along the footpath parallel to the premise’s building line (see
                  Diagram 5 – Page 16).

            (3)   Goods or their display stands must not be affixed to any footpath,
                  building, street furniture, pole or other structure. Sandbags and/or
                  similar devices should be used to prevent disturbance by wind.

            (4)   Goods may only be placed outside the premises to which they relate
                  and only at times during which those premises are open to the public.

    5.2.6   Food Displays

            (1)   The display of fresh fruit and vegetables, tinned and dry packaged
                  foods is permitted subject to such displays being in units specifically
                  designed for that purpose.

            (2)   Food must only be displayed on footpaths in strict accordance with the
                  Food Act 1984, the business operator’s food safety plan and these
                  guidelines.

            (3)   The mandatory design requirements for display units (see Diagram 8 –
                  Page 17): -

                  (a)   the display units must be of solid construction capable of bearing
                        the weight of the proposed display;

                  (b)   all unpackaged food must be a minimum of 0.60 metres above
                        the existing footpath level;

                  (c)   the maximum height of displayed food should be 1200mm.

                  (d)   the display units may have a total maximum height of 2100mm,
                        width of 2000mm and depth of 1000mm.                 Maximum
                        measurements will include all handles, ornaments and any other
                        item attached to the display unit;

                  (e)   the underside of any roof or canopy on the unit must be a
                        minimum of 1900mm from the footpath level;

                  (f)   the unit must be capable of being removed from the footpath
                        within ten minutes of a request by an authorised officer. It is
                        therefore preferable that the unit has wheels fixed to it;

                  (g)   the unit must be able to be secured in place so that it cannot
                        move due to wind;

                  (h)   no goods may be stored on the footpath under or beside the unit;

                  (i)   the design of the display unit must be approved by an authorised
                        officer;

                  (j)   if more than one display unit is used there must be a minimum
                        0.75 metre space between units to allow pedestrian access; and


___________________________________________________________________________

                                                                                             7
                  (k)   where adjoining businesses have display units there must be a
                        minimum 0.75 metre space between units at the building line,
                        thus providing a total of 1.5m pedestrian access.

            (4)   On streets with 45, 60, 90 angle parking and parallel parking, display
                  units must be setback a minimum 0.75 metres from the kerb.

            (5)   An unobstructed minimum 1.8 metre wide pedestrian corridor is
                  required along the footpath parallel to the premise’s building line (see
                  Diagram 7 – Page 17).

            (6)   Display units must not be affixed to any footpath, building, street
                  furniture, pole or other structure.

            (7)   Display units may only be placed outside the premises to which they
                  relate and only at times during which those premises are open to the
                  public, provided that the display unit does not remain on the footpath
                  after 9.00pm.

    5.2.7   Planter Displays (exclusive of kerbside café activity)

            (1)   A permit will only be granted for planter tubs/boxes to be displayed
                  that are setback a minimum of 0.75 metres from the kerb.

            (2)   Planter tubs/boxes must not be fixed to the footpath, poles or any
                  street furniture, although in some cases Council may allow them to be
                  left permanently in position during the life of the relevant permit.

            (3)   While each application will be considered on its merits, normally the
                  maximum number of planter tubs/boxes that will be allowed will be
                  four.

            (4)   The permit holder is responsible for the care, maintenance and
                  replacement of planter tubs/boxes and any plants therein.

            (5)   An unobstructed 1.8 metre wide pedestrian corridor is required along
                  the footpath parallel to the premise’s building line (see Diagram 6 –
                  Page 16).

6   CONDITIONS APPLICABLE TO ALL PERMITS

    (1)     The placement of items on the footpath must allow for free access to public
            transport stops, water hydrants, pedestrian crossings, bins, seats, post
            boxes and all other facilities provided within the footpath reserve.

    (2)     The permit holder must maintain the area in a clean condition and clear
            away litter, food scraps, cigarette butts and any other rubbish left on the site
            and deposit it within their own bins kept inside the premises. Private bins
            cannot be stored on the footpath and public litter bins are not to be used by
            the operator for depositing litter.

    (3)     The operator must not sweep or deposit any dirt, litter (including cigarette
            butts), food scraps or any other rubbish left on the site into the gutter and
            must provide ashtrays for patrons and regularly remove cigarette butts and
            deposit them within bins kept inside the premises.
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    (4)    The feet or wheels of all items placed on the footpath must be covered and
           maintained with a suitable rubber stopper/tyre or other device to protect the
           footpath to the satisfaction of the authorised officer. It is the responsibility of
           the permit holder to ensure any items placed on the footpath do not cause
           damage to Council assets.

    (5)    All outdoor furniture and display items should be safe, structurally sound and
           of a design and construction so as to be able to withstand windy conditions.
           Safety should always be the first consideration. Advertising signs must be
           properly constructed, stable and erected to prevent them being moved by
           the wind. Items must not be permanently affixed to any footpath, building,
           street furniture, pole or other structure. Display stands for goods must be
           properly constructed, stable, kept in good condition and not detract from the
           overall appearance and amenity of the area.

    (6)    Advertising signs, goods, chairs and tables should have a contrasting colour
           to their background to assist the vision impaired.

    (7)    To deter theft or accidental loss of furniture it is recommended that
           identification be marked on the underside of all items.

    (8)    All tables, chairs, goods displays, “A” frame signs and ancillary items must
           be removed and the footpath kept clear to facilitate cleaning between hours
           specified by Council.

7   SERVICE AUTHORITY WORKS AND SPECIAL EVENTS

    (1)    Service authorities or Council will on occasions require the use of a site to
           undertake works. When this or any parade, festival or special event is
           scheduled, it will be normal practice to give at least seven days notice in
           advance. In an emergency, sites may need to be cleared immediately.

           Permit holders will be responsible for the movement of all items and any
           associated costs.

8   PUBLIC LIABILITY INSURANCE AND INDEMNITY

    Indemnity and Release – Public Liability Insurance

    (1)   The permit holder shall at all times during the agreed term provide cover of no
          less than the amount of $10 million for any single occurrence during the policy
          period.

    (2)   The permit holder shall at all times during the agreed term be the holder of a
          current public liability policy of insurance (“The Public Liability Policy”) in
          respect of the activities specified herein in the name of the permit holder
          providing coverage for a minimum sum of $10 million (or more). The public
          liability policy shall be effected with an insurer approved by the Council.

    (3)   The public liability policy shall cover such risks and be subject only to such
          conditions and exclusions as are approved by the Council and shall extend to
          cover the Council in respect to claims for personal injury or property damage
          arising out of the negligence of the permit holder.


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      Council’s Indemnity

      (1)   The permit holder agrees to indemnify and to keep indemnified the Council,
            its servants and agents, and each of them from and against all actions, costs,
            claims, charges, expenses, penalties, demands and damages whatsoever
            which may be brought, made or claimed against them, or any of them, in
            conjunction with the permit holder’s performance or purported performance of
            its obligations under this permit and be directly related to the negligent acts,
            errors or omission of the permit holder.

      (2)   The permit holder’s liability to indemnify the Council shall be reduced
            proportionally to the extent that any act or omission of the Council, its
            servants or agents, contributed to the loss or liability.

9    APPLYING FOR A PERMIT

To obtain a permit, applicants need to: -

      (1)   complete and sign the Local Law Permit application;

      (2)   provide a site plan that shows dimensions of the proposed kerbside café,
            goods/food display, planter tubs/boxes or advertising signs etc;

      (3)   indicate total footway width, width of proposed café/display/sign, setbacks
            from kerb, site boundaries and any existing elements, eg tree, light pole,
            rubbish bin etc (see diagrams Pages 14 to 17);

      (4)   provide a copy of the public liability insurance or certificate of currency in
            relation to a public liability policy of insurance, insuring against liability for the
            death of or injury to any person or damage to any property arising out of the
            display that will be authorised by the permit (refer Clause 8 for details);

      (5)   forward the prescribed application and permit fees; and

      (6)   deliver the application form, together with the above information and fee, to
            any of Council’s Business/Library Centres listed below, or mail to:

               East Gippsland Shire Council
               PO Box 1618
               Bairnsdale Vic 3875

               Business/Library Centres

               •       273 Main Street, Bairnsdale
               •       18 Mechanics Street, Lakes Entrance
               •       Day Street, Omeo
               •       Ruskin Street, Orbost
               •       The Esplanade, Paynesville




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10   DECISION MAKING

     (1)   Local conditions will influence where items may be placed. The Council
           cannot permit activity where it would compromise pedestrian or traffic safety.
           Relevant local conditions include the width of the footpath, proximity to major
           roads, loading zones, clearways and trees, angle parking and the number of
           pedestrians at particular times of the day.

     (2)   An authorised officer has the right to consent to an application as submitted or
           with modifications and with or without conditions as set out in the permit.

     (3)   An authorised officer has the right to reject an application or withdraw a permit
           if: -

           (a)   the sight of pedestrians crossing at an intersection or crossing is
                 interfered with so as to obscure oncoming traffic;

           (b)   access for people with disabilities is compromised;

           (c)   the sight of the driver of a vehicle is interfered with so as to not properly
                 see pedestrians, signals or signs;

           (d)   permit requirements have not been met and/or there is continuing failure
                 to comply with directions;

           (e)   the permit holder fails to maintain public liability insurance; and

           (f)   under any other circumstances that the authorised officer believes will
                 create a safety hazard to pedestrians, motorists or cyclists or cause
                 detriment to the amenity of the area.

11   PERMIT FEE AND PERIOD OF PERMIT

     (1)   Fees are assessed at a base rate of $74 per metre square and may vary from
           year to year as determined by Council resolution.

     (2)   Upon written request and notification of discontinuation of use, pro-rata
           refunds will apply based on the following: -

           (a)   permit fees will only be refunded if the amount to be refunded is $30.00
                 or greater;

           (b)   a maximum of 50% of the permit fee may be refunded;

     (3)   Fees will only be refunded in the following circumstances: -

           (a)   single event permits – if request is made at least seven days prior to
                 the event date; or

           (b)   short term permits (eg less than 12 months) – if the request is made
                 prior to 50% of the permit period elapsing.

     (4)   Permits are not transferable. A new permit must be obtained if the
           proprietorship of a business changes or the business relocates to another
           site.
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     (5)   A permit expires also if: -

           (a)   the permit holder ceases to be the proprietor of the business; or

           (b)   the permit holder ceases to maintain public liability insurance.

12   ENFORCEMENT

     (1)   Any items that are placed on the footpath without a permit may be
           impounded. Alternatively, an authorised officer may direct that items be
           removed from the footpath.

     (2)   Any person who places an advertising sign, planter tub/box, goods/food
           display or tables and chairs on a footpath without a permit may incur an
           on-the-spot fine of $100 and/or goods will be impounded. Where offences
           continue, second and subsequent fines or court proceedings may be issued.

     (3)   Permits may be cancelled or suspended for continued failure to comply with
           conditions of issue. Where a permit is cancelled or suspended under these
           circumstances, pro-rate refunds will not be available.

13   ENQUIRIES

Any queries concerning this policy or if further assistance is required, please contact
Council’s Community Laws Department on 5153 9500.




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