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Guidelines for Footpath Trading

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.
    1. the dimensions of the sign not exceed 700mm in width or 1 metre in height without specific approval of  an authorised officer
    2. 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
    3. no item may be fixed to the footpath and all items must be removed at the close of trading; and
    4. to be limited to not more that one footpath advertising sign for each applicant’s premises.
  2. Sub-clause (1) does not apply to:
    1. an advertising sign for a garage sale, an open inspection or auction providing:
      • the sign is no larger than 700mm in width or 1 metre in height without specific approval of    an authorised officer;
      • the sign is not placed on a round-a-bout or does not obstruct any constructed footpath or    walkway;
      • the sign is not located on any area of the road to which motor vehicles have access;
      • 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.
    2. 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

  1. 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.
  2. 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:-

  1. any footpath;
  2. any part of a carriageway designed for the use of passing vehicles;
  3. within 700mm of an area where vehicles may stand; or
  4. 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.

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.

A permit is required under the provisions of Community Amenity Local Law No 2 2016 for all portable/temporary footpath trading items, including:

  • Outdoor Eating Facilities (which may include)
    • Tables and chairs
    • Umbrellas
    • Heaters
    • Windbreaks/barriers
  • Advertising signs (A-frame signs)
  • Displaying of Goods

Footpath Trading Objectives

To ensure that footpath trading is fair and consistent and to ensure public safety, Council has developed Footpath Trading Guidelines in addition to Part 6 Divisions 9, 10 & 12 of Community Amenity Local Law No 2 2016.

The principal objectives of this local laws and guidelines are to:

  • Provide for the peace, order and good governance within the Municipality and the administration of the Council’s functions and powers;
  • Promote a vibrant street life which balances the interests and needs of businesses, residents and visitors to the Municipality;
  • Regulate and control the placement of objects on Footpaths to ensure: they:
    • Provide a safe and unobstructed passage for pedestrians, in particular those who may be physically or vision impaired;
    • Provide a safe and unobstructed vision for drivers of vehicles and cyclists;

Council’s Community Amenity Local Law No 2 2016 can be found at www.latrobe.vic.gov.au

Australian Human Rights Commission

The Australian Disability Discrimination Act 1992 makes disability discrimination unlawful and aims to promote equal opportunity and access for people with disabilities in Australia. A footpath is covered by section 23 of the Australian Disability Discrimination Act 1992 and specifies a pedestrian zone with a minimum clear width of 1.8 metres at the narrowest point and a minimum clear height of 2 metres with nothing encroaching. The Australian Human Rights Commission is of the view that the continuous accessible path of travel should extend from the property line with no obstructions or projections in order to provide the best possible guidance line for all users including people with a vision impairment.

Planning approval is required for bunting signs and signs other than “A” frame signs

For further information please telephone the Planning Team on 1300 367 700 or email: planningadvice@latrobe.vic.gov.au Alternatively, the following forms can be downloaded from Latrobe City Website:

  • Application for Planning Permit form
  • How to complete the application for Planning Permit form from our website
  • Signage Application Planning Checklist
  • Fees for Planning Permit Applications

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