Application for Footpath Advertising Sign, Display of Goods for Sale,

Outdoor Eating Facility

Community Amenity Local Law No 2 2016

Ph: 1300 367 700

Applicant Details

First Name / Last Name
Business Name
Address of Business Premises / Post
Code
Business Phone / Private Phone / Mobile

Type of Permit Required (tick whichever is applicable)

Erecting or placing advertising sign (one sign per premises ONLY) / $54.00 permit fee
Roadside Trading – separate application form must be completed
Display of Goods for sale / $54.00 permit fee
Outdoor eating facility - small (up to 4 tables and a maximum of 12 chairs) / $148.00 permit fee
Outdoor eating facility – large (more than 4 tables and over 12 chairs) / $300.00 permit fee
Fees subject to increase on 1 July each year / TOTAL FEE PAYABLE
RECEIPT NO.
Mandatory information for every renewal and new permit application
Details of Public Liability Insurance or attach copy:
Name of Insurance Company:______
Policy Number: ______
Expiry Date: //
Complete the Form of Indemnity on page 2
Outdoor Eating Facilities - You have read and understood Footpath Trading Guidelines regarding Tobacco Act reforms and Traffic Safety
Provide information below or permit number if no change from previous years application / Provide Previous Permit No.
______
Plan or map of the location, pinpointing location of sign, display or facility
Specification of sign, display, furniture (e.g. materials contrasted with, size etc.)

Please note that all of the above is mandatory and your application will not be accepted or assessed until received/attached.

Signature of Applicant

Signature / Date

Notification Statement:

Latrobe City Council is collecting this information solely for its permit database. The information is only for Latrobe City Council for this purpose and will not be disclosed unless required under law. For further information on privacy, please consult Council’s Citizens Confidentiality and Privacy Policy.

Please refer to FOOTPATH TRADING GUIDELINES at end of application form

OFFICE USE ONLY

OFFICE USE ONLY / Ledger No: CL.R58111373
IM & RECEPTION STAMP / HAVE YOU ATTACHED:
All Mandatory Documents Above

Methods of Payment

Mail / Post the completed and signed application together with copies of supporting documents and cheque or money order payable to “Latrobe City Council” to:
PO Box 264 Morwell VIC 3840.
In Person / Bring the completed form and supporting documents with cash, cheque, EFTPOS or credit card to any of our following Service Centres and Libraries:
141 Commercial Road, Morwell
34-38 Kay Street, Traralgon
1-29 George Street, Moe
Philip Parade, Churchill
Saturdays / Monday – Friday 8:30am – 5:15pm
Monday – Friday 8:30am – 6:00pm. Sunday 3:00pm – 6:00pm
Monday – Friday 8:30am – 6:00pm. Sunday 10:00am to 2:00pm
Check website for opening hours at Churchill Hub
Saturday 9am – 12pm (Moe & Traralgon Service Centre & Libraries, Morwell Library)

FORM OF INDEMNITY

THIS INDEMNITY is given the _____ day of ______20___, by______(hereinafter called “the Indemnifier”) to THE LATROBE CITY (hereinafter called “the Council”).

WHEREAS the Indemnifier has applied to the Council for authority to use portion of a road or other public area within the Municipal district under the Council’s streets, roads and other public places Local Law.

NOW THIS INDENTURE WITNESSES that in consideration of the Council granting such authority the Indemnifier INDEMNIFIES and will KEEP the Council INDEMNIFIED against any and for all damage to or loss of any equipment and property owned by or under the control of the Council or in adjacent to the area wherein such permit *______is situated and against any claim arising out of all injuries and damage suffered by any person whatsoever including the Indemnifier or employee or agent or sub-contractor or any customer of the Indemnifier resulting from the use of the said area in the manner and for the purposes aforesaid.

*Insert what the Permit has been applied for.

SIGNED by the Said )

in Victoria ) ______

) Signature of Applicant

OR

THE COMMON SEAL OF )

was hereunto affixed in )

accordance with its Articles )

Association in the presence of )

Director: ______Secretary: ______

ADVERTISING SIGNS PERMIT CONDITIONS

(1) A person without a Permit must not erect or place advertising sign on any part of a road or cause or authorise another person to do so. The sign erected or located on the footpath solely outside the applicants premises providing a 2 metre clear accessible path of travel along the property line and the sign be adequately lit during all times of placement.

(a)  the dimensions of the sign not exceed 700mm in width or 1 metre in height without specific approval of an authorised officer;

(b)  must be constructed of such material and design as not to cause injury to pedestrians or to be moved by wind or to create a hazard to any pedestrian using the footpath;

(c)  no item may be fixed to the footpath and all items must be removed at the close of trading; and

(d)  to be limited to not more that one footpath advertising sign for each applicant’s premises.

(2) Sub-clause (1) does not apply to:-

(a) an advertising sign for a garage sale, an open inspection or auction providing:-

(i) the sign is no larger than 700mm in width or 1 metre in height without specific approval of an authorised officer;

(ii) the sign is not placed on a round-a-bout or does not obstruct any constructed footpath or walkway;

(iii) the sign is not located on any area of the road to which motor vehicles have access;

(iv)  the sign(pointer board) is only displayed at or near the property for which the person/agent is acting provided that the sign(s) are only placed within two hours preceding the activity being advertised and removed within 2 hours of the conclusion of the activity being advertised.

(b) an advertising sign for which a planning permit has been issued

PERMITS FOR ADVERTISING SIGNS

In determining whether to grant a Permit, the Council must have regard to any standards set out in Community Amenity Local Law No 2 2016 Part 6 Division 9 and any guidelines determined by Council from time to time.

IMPOUNDING SIGNS

(a) Where any advertising sign is erected or placed in any place contrary to this Division or in contravention of any Permit conditions, it may be removed by an Authorised Officer and impounded.

(b) Where an advertising sign has been impounded, there must be compliance with the provisions of Part 2.

NOTICE TO COMPLY

Where in the opinion of the Council there is any failure to comply with the provisions of this Division or the conditions of any Permit, the Council may serve a Notice to Comply on the person who owns the advertising sign or the Permit holder.

GOODS FOR SALE PERMIT CONDITIONS

A person without a Permit must not place or display any goods for sale or cause or permit another person under his or her control to do so on:-

(a) any footpath;

(b) any part of a carriageway designed for the use of passing vehicles;

(c) within 700mm of an area where vehicles may stand; or

(e)  any other part of a road.

The display must be erected or located on the footpath solely outside the applicants premises providing a 2 metre clear accessible path of travel along the property line and the display be adequately lit during all times of placement.

The display must be constructed of such material and design as not to cause injury to pedestrians or to be moved by wind or to create a hazard to any pedestrian using the footpath. No item may be fixed to the footpath and all items must be removed at the close of trading.

Unless a planning permit has been issued to place or display the goods for sale.

PERMITS FOR DISPLAYING GOODS

In determining whether to grant a Permit, the Council must have regard to any standards set out in Community Amenity Local Law No 2 2016, Part 6 Division 10 and any guidelines determined by Council from time to time.

GOODS LEFT ON ROADS

(1) Any goods left or displayed on any part of a road contrary to this Division or displayed in contravention of any conditions of a Permit may be removed by an Authorised Officer and impounded.

(2) Where any goods have been impounded there must be compliance with the provisions of Part 2.

NOTICE TO COMPLY

Where in the opinion of the Council there is any failure to comply with the provisions of this Division or the conditions of any Permit, the Council may serve a Notice to Comply on the owner of the goods or the Permit holder.

OUTDOOR EATING FACILITY PERMIT CONDITIONS

A person without a Permit must not establish an outdoor eating facility on any footpath or other part of a road unless a planning permit has been issued for the establishment of an outdoor eating facility. The outdoor eating facility solely outside the applicant’s premises must provide a 2 metre clear accessible path of travel from the property line.

Any tables, chairs, umbrellas or other equipment in an outdoor eating facility must be constructed of such material and design as not to cause injury to pedestrians or be moved by wind or to create a hazard to any pedestrian using the footpath. No item may be fixed to the footpath and all items must be removed at the close of trading.

The Permit holder must comply with any additional conditions imposed by the Traffic Engineer.

The Permit holder must comply with controls listed in Division 1 Section 5 of the Tobacco Act 1987 with respect to outdoor dining areas within the meaning of Section 3 of the Tobacco Act 1987.

GRANTING OF PERMITS

In determining whether to grant a Permit, the Council must have regard to any standards set out in Community Amenity Local Law No 2 2016, Part 6 Division 12 and any guidelines determined by Council from time to time.

FACILITY WHICH IS NOT PERMITTED

(1) Any tables, chairs, umbrellas or other equipment in an outdoor eating facility used in contravention of this Division or of any conditions of a Permit may be removed by an Authorised Officer and impounded.

(2) Where any tables, chairs or other equipment have been impounded, there must be compliance with the provisions of Part 2.

USE OF OUTDOOR EATING FACILITY

(1) A person must not occupy a chair or otherwise use the equipment in an outdoor eating facility unless he or she intends to use them for the purpose of eating food or drinking drinks to be provided by the Permit holder.

(2) A person must not cause a nuisance to or behave offensively towards another person at or passing an outdoor eating facility.

(3) A person must leave an outdoor eating facility when requested to do so by the Permit holder.

REMOVING THE FACILITY

The holder of the Council Permit must move or remove an outdoor eating facility to which the Permit pertains when requested to do so for purposes of public safety by an Authorised Officer or a member of the Police Force or of an emergency service.

NOTICE TO COMPLY

Where in the opinion of the Council there is any failure to comply with the provisions of this Division or the conditions of any Permit, the Council may serve a Notice to Comply on the owner or occupier of the property abutting the footpath or road or the Permit holder.

Cross Section Of Footpath Zone Indicating Placement Of Items

Min 2.0m Pedestrian Zone Min 2.0m

FOOTPATH TRADING GUIDELINES

PURPOSE OF THE GUIDELINES

The Footpath Trading Guidelines have been developed to provide a framework for the sustainable use and management of our footpath trading areas and to balance the different interests and needs of businesses, residents and visitors.

The Footpath Trading Guidelines show a commitment to supporting and enhancing the vibrancy of our local communities and the sustainable growth of local business. They demonstrate this by allowing private businesses to trade on the city’s footpaths, enabling those enterprises to profit from the use of public land.

These Guidelines explain when and how to trade on the footpath. However, there are times when it will not be possible for businesses to use the footpath in the way that they would like. On these occasions Council is fulfilling its obligations to the broader community by putting the public’s needs ahead of individual businesses. In summary, it is important to acknowledge that the commercial use of public space is a privilege, not a right.

WHO ARE THE STAKEHOLDERS?

Council – regulate the use of footpaths for the public good by administering, enforcing and communicating the Community Amenity Local Law No 2 2016, applicable sections of the Tobacco Act and these Guidelines.

Businesses – manage the use of their designated footpath trading zones in accordance with relevant legislation (Community Amenity Local Law No 2 2016) and these Guidelines.

Patrons, residents, and visitors – assist businesses’ efforts to comply with legislative responsibilities and these Guidelines.

TRAFFIC SAFETY AND OUTDOOR DINING OR DRINKING AREAS

All commercial operations in the road reserve can represent either a risk to motorists such as reducing visibility or present the patrons to a greater risk of harm from road related activities. As such Council’s traffic officers will inspect the proposed location of the commercial operation and may set conditions within the permit.

WHAT IS FOOTPATH TRADING?

Footpath trading involves the use of public footpaths for commercial purposes. The footpath is the area between the property boundary and the kerbside of a road that is provided for use by pedestrians. Commercial purposes typically include the placement of portable/temporary advertising signs, display of goods, tables, chairs and ancillary equipment such as umbrellas, heaters, planter boxes and screens.

WHY DO WE HAVE FOOTPATH TRADING?

Footpath trading is a valuable use of public space. It can improve the look of our streets and adds life and vibrancy to shopping strips. It provides valuable commercial opportunities for businesses by extending their floor space and advertising their presence. However, the needs of businesses can clash with those of the general public and Council has the responsibility to regulate the use of public space for the good of all.