Maroondah City Council Street Activities Policy

Transcription

1 Maroondah City Council Street Activities Policy Adopted : 19 May 2014

2 Contents 1 Overview... 4 Purpose of the Street Activities Policy... 4 What is street activity?... 4 Why do we have street activity? Council s street activity priorities Permits... 6 Display of permit... 6 Amendments to an existing permit... 6 Transfer of ownership... 6 Renewal of an existing permit... 6 Legislative requirements Fees Public Liability Insurance Footpath zones and requirements... 8 Footpath zones... 8 Pedestrian Zone... 8 Potential Trading/Activity Zone... 8 Kerbside Zone... 9 Variations to Activity Zones... 9 Footpath requirements... 9 Access for Works and Special Events... 9 Footpath Cleaning... 9 Noise Existing street furniture and fittings Neighbouring footpath Delineation markers Guidelines for footpath items General requirements Design Placement Amenity Patron behaviour Specific items Tables and chairs Goods display A-Frame signs Outdoor heaters Lighting Shade shelters, umbrellas and other enclosures Freestanding barrier screens Pot plants or planter boxes Awnings Definitions of awnings

3 Design guidelines for awnings Footpath trading and the Tobacco Act Consumption of liquor Queuing for licensed venues Street performance Street art Street selling Street promotion, community advertising and fundraising Community advertising billboards in Council open space General conditions: Canvassing/Spruiking and Pledge Programs Fundraising General conditions: Highway collections/tin shakes Community food stalls and sausage sizzles Real estate agent signs Handing out flyers/pamphlets Clothing bins Permit holder responsibilities Health and safety requirements Compliance protocol Enforcement of street activities Application process Applying for a Street Activity Permit Required information with application Permit assessment and consideration

4 1 Overview Purpose of the Street Activities Policy The Policy has been developed to maintain the balance between commercial and fundraising activities and ensuring a safe and enjoyable experience on Maroondah s streets and commercial precincts. Council will respond to the changing needs of the community and traders to maintain this balance. Council aims to provide a clear unobstructed access for all people to move through the City. Street activities will generally require a permit issued by Council under this Policy. In some cases a Planning Permit may also be required. The Policy has been developed by Council in consultation with the local community to provide a framework for the sustainable use and management of Council land and the activities that may occur on our streets. The Policy explains when and how to trade on Council land and the types of activities permitted. Maroondah has a diverse range of strip shopping centres and business precincts, this diversity means different activities may occur between different centres and locations. Activities on the street are an integral part of Maroondah s unique character. Council is committed to ensuring that the vibrancy of its strip shopping centres and business precincts is enhanced by providing the opportunity for streets and footpaths to be used for trading, entertainment and outdoor dining. However, pedestrian access and safety is the primary purpose of footpaths. Council will encourage activities that contribute to the vibrancy and character of our streets and is committed to ensuring that safe and unobstructed access is maintained for people to move along footpaths and as a minimum, to meet the requirements of the Commonwealth Disability Discrimination Act The key to pedestrian accessibility is the maintenance of an open path of travel. Council will ensure that there is a clear path from the building line to provide optimum footpath width inclusive of the needs of all of the community. Any street furniture, signs, activities or displays must be located in the trading zone, not on the building line. Council will also maintain visual amenity and safety when applying the Street Activities Policy. This policy is not intended to include Council or Trader Association sanctioned events such as festivals, markets or fairs. Council s Events Policy will apply in these circumstances. What is street activity? Street activity involves the use of public footpaths and land for both commercial and charitable purposes. Commercial purposes typically include the placement of advertising signs, display of goods, tables, chairs, awnings, blinds and ancillary equipment such as umbrellas, and screens. 4

5 Charity purposes may include activities such as Fundraising (sale of goods, raffles), Highway Collections and Door Knock programs. Entertainment such as performance, artworks and busking can also be considered as street activity. Why do we have street activity? Street activity can be a valuable use of public space and can add life and vibrancy to shopping strips. It supports the prosperity of the local economy and provides opportunities for businesses to expand their available space and advertising. It also allows community groups and charities to engage with the community. With the potential benefits come potential problems and competing demands. Street trading displays and awnings can obstruct the views of traffic, pedestrians, customers and businesses. What is good for one trader is not necessarily good for their neighbours. When issuing permits, Council will consider the broader implications of any application and the interests of the area as a whole. Council has a responsibility to regulate the use of public space and will encourage those activities that have a positive impact on amenity. 2 Council s street activity priorities Council has adopted the following priorities for considering street activity applications: Public safety Streets are safe and have an unobstructed passage for all pedestrians and safe and unobstructed vision for drivers and cyclists (particularly around intersections). Accessibility for all Streets are easily navigated by all pedestrians including those who may be physically or vision impaired and those with need for additional space (eg. Prams, trolleys) allowing unobstructed pedestrian passage. Vibrant street life Streets are vibrant, lively and contribute positively to an area s sense of place and character balanced with the need for quiet space. Prosperous economy Businesses and shopping areas are thriving and prosperous. Attractive streetscape Streets are attractive, clean and pleasant and visual amenity is enhanced and not diminished. Any activity will fit with the overall street character. Leisure opportunities Activities support local interaction, entertainment, street trading and alfresco dining as enjoyable leisure activities. 5

6 3 Permits An annual Street Trading Permit is required for all commercial trading and/or occupation of the footpath. Unless otherwise specified all permits expire on 30 September annually, except in those circumstances where Council cancels a permit for breach of permit conditions or other matter prior to the expiry date. Permits for charity, entertainment or other like activities will be issued for nominated time periods. To be granted a permit under the Street Activities Policy, an applicant must agree to comply with all requirements of this Policy. A current permit must be held prior to any activity or the placement of any tables and chairs, goods or associated ancillary items. If Council refuses to issue a permit, the full fee may be refunded provided goods display has not commenced. Permits are not transferable. A new permit must be obtained if the proprietorship of a business changes or the business relocates to another site. A permit expires if: The permit holder ceases to be the proprietor of the business Any of the permit conditions or requirements of this Policy cease to be met by the permit holder. Display of permit Operation within the approved street trading area can commence once permit is clearly displayed in the shop-front window. Failure to display a current permit sticker is a breach of permit conditions. Amendments to an existing permit Permit holders must submit an application in writing for any amendments to their existing permit. Amendments may include changing furniture design, adding furniture/items or increasing occupied space. A permit amendment fee is payable. Transfer of ownership Permits issued under this Policy are for the person/company/association listed on the permit and cannot be transferred to any other trader. Renewal of an existing permit Permits are issued until 30 September of each year and a renewal notice is issued for all existing permit holders. It is the responsibility of the permit holder to ensure all permit renewal details including public liability, amendments and fees are forwarded to the Council. 6

7 Failure to provide all renewal documentation and fees will result in the cancellation of the permit. Council allows street trading for up to one year at a time. Council may at its sole discretion decide not to renew a permit. Legislative requirements If granted a Street Activity Permit, it is also necessary to adhere to other relevant legislation and requirements including the following: Liquor Control Reform Act 1998 contact Victorian Commission for Gambling and Liquor Regulation on (if liquor is to be consumed within a tenancy including within a Footpath Trading Zone). Planning and Environment Act 1987, contact Maroondah City Council Planning Department on or (03) (if liquor is to be consumed within a tenancy including within a Footpath Trading Zone or if buildings or works to the shop are proposed). Tobacco Act 1987 contact Maroondah City Council Community Health Department on or (03) (laws regarding smoking within a Footpath Trading Zone). Food Act 1984, contact Maroondah City Council Community Health Department on or (03) Fees There are fees associated with street activities and these are determined by Council on an annual basis. Council when setting fees will consider cost equity for all users and generally fees will be based on amount of land occupied and space made available for any given activity. Charities and not for profit community organisations will generally be exempt from payment. A schedule of these fees can be found on Council s website For more information, contact Maroondah City Council on or (03) Public Liability Insurance The applicant for a permit to conduct activities or place items on the footpath shall, at all times during the term of the permit, be the holder of a current Public Liability Insurance Policy for the activities specified in the permit, in the name of the trader and providing coverage of at least 10 million dollars. The Public Liability Policy shall cover such risks and be subject only to such conditions and exclusions as are approved by Council and shall extend to cover Council in respect to claims for personal injury or property damage arising out of the negligence of the permit holder. A copy of the policy or Certificate of Currency (Maroondah City Council must be listed as Interested Party on policy) will be required upon application. 7

8 6 Footpath zones and requirements Footpath zones In order to provide a safe, clear and suitably unobstructed footpath for pedestrian access, Maroondah City Council describes the footpath as being made up of three zones: Pedestrian Zone Potential Trading/Activity Zone Kerb Zone Any reduction in footpath access or width will be solely at the discretion of Council but will not be less than 1.2 metres and preference is to maintain 1.5 metres minimum. Pedestrian Zone Area used by pedestrians for travelling along the footpath, consisting of an uninterrupted path of travel with no obstructions or projections providing access to all facilities. It extends from the shop front or property line for a minimum distance of 1.5 metres, this distance may be reduced on some narrow width footpaths if local conditions allow suitable passage by footpath users. An overhead clearance of at least 2.2 metres must be maintained above the Pedestrian Zone at all times. Conveniently placed sections of extra width may be required to allow for the passing of prams, mobility aids or goods being transported along the footpath. Potential Trading/Activity Zone The Potential Trading/Activity Zone is the only area of the footpath which allows for the placement of approved items or other footpath activity. This is the area remaining between the Pedestrian Zone and the Kerb Zone after the pedestrian zone is considered. The width of the Trading/Activity Zone may vary according to local conditions to ensure optimal footpath access. Approved items must remain within the Trading/Activity Zone at all times and must not intrude on Pedestrian or Kerb Zones. It is the permit holder s responsibility to ensure all items remain within the Activity Zone. A one metre wide break is required between properties and/or every ten metres to allow for pedestrian access from the kerb through any footpath activity to the Pedestrian Zone. No items may be placed within 0.5 metres of public infrastructure such as litterbins, bicycle racks, public seating and trees. At corner locations the Road Safety Act (1986) requires a clear distance at intersections for motorists and pedestrians for safety reasons. Where properties are adjacent to an intersection; the trading zone must not extend closer than 2.0 metres to the corner property line. 8

9 Kerbside Zone The Kerb Zone is the area between the face of the kerb and the Activity Zone. The Kerb Zone is important for the safety of pedestrians crossing the road and allowing for access to and from parked vehicles. The Kerb Zone must be kept free from any items or structures at all times. A clear area setback a minimum of 0.5 metres from the face of the roadside kerb is required to allow for vehicle overhang and to ensure people can safely cross the street and access breaks in the Trading/Activity Zones, and to give motorists space to access their vehicles. Where there is a disabled parking bay, the setback from the kerb will be at least 1.5 metres. Variations to Activity Zones Council will use the following criteria to assess requests for variations to Trading/Activity Zones: The effect on pedestrian traffic flows and safety. The impact on the appearance of the street and surrounding areas. The impact on amenity. The duration of use. The effect on vehicular traffic flows and safety. Whether it is complementary to the primary adjoining use. Relevant policies of Council. Any other matter relevant to the application. Footpath requirements Access for Works and Special Events The granting of a permit to trade is made with the understanding that access by Council or other utility authorities under relevant legislation is to be maintained to ensure access to infrastructure within the footpath. If Council or other utility authorities require access to, and the use of, a site for which a permit has been issued to undertake works, or a special event or festival is scheduled: All items must be removed by the trader in the requested timeframe. The normal practice will be to give traders 2 days notice in advance of the proposed works/events. In an emergency, sites may need to be cleared immediately. Traders will be responsible for the movement of all items and any associated costs. Footpath Cleaning All tables and chairs, goods display, A-frame signs and any associated items must be removed after the normal hours of trade and the footpath kept clear to facilitate cleaning. The normal hours of trade are generally deemed to be between 7am and 11pm which allows footpath cleaning between 11pm and 7am the following day. Permits will specify normal hours of trade to ensure access for street cleaning. 9

10 Noise A Street Trading Permit does not authorise the business to spruik or emit undue noise on or from the footpath. Entertainment activities will add to character and vibrancy but will not adversely impact amenity and enjoyment of area. Existing street furniture and fittings Rubbish bins and other Council maintained fixtures such as bike racks and benches will not be relocated at the request of traders. Physical alterations, fixing or drilling fittings to the footpath is only permitted under special circumstances and subject to Council approval and Maroondah Planning Scheme conditions. Neighbouring footpath If seeking to occupy the Activity Zone of adjacent premises, Council requires the applicant to obtain the written consent by the owner, body corporate and/or occupier of the adjacent premises. If the neighbouring business is sold, a new letter of consent must be submitted to Council from the new occupier. The application must include plans to scale including both premises, a signed indemnity form for both properties and a copy of Certificate of Currency noting both premises. Council will assess applications on a case-by-case basis and reserves the right to approve or refuse any application with reference to streetscape and community outcomes. The permit holder will be liable for any breach of this Policy that occurs outside the neighbouring shopfront where an adjoining Activity Zone has been approved. In the event of withdrawal of the neighbour s consent, the permit will be cancelled. The footpath is public space and as such is not owned by any one business. This means a business owner can not charge rent for the use of the footpath in front of their premises. Delineation markers To support traders in setting up their approved footpath trading area Council may, where appropriate, install delineation markers (such as circular stainless steel disks) flush into the footpath as a means of distinguishing the permitted Trading/Activity Zone. The permit holder must ensure all furniture and goods associated with footpath activities are located within the defined Trading/Activity Zone, whether formally delineated or as presented on permit application. 10

11 7 Guidelines for footpath items General requirements Design Items which are placed in the Trading/Activity Zone must: be of a style, appearance, material, finish and colour which are attractive, durable and complement the character of the shopping precinct be stable, adequately secured, of good design and located where pedestrian or driver sightlines are not obstructed not include moving or oscillating parts or reflective items that pose a distraction to motorists, or be illuminated either externally or internally contrast with their background to assist recognition by all users including people with vision impairment be removable, yet sturdy and windproof have a suitable protective base to protect the footpath surface i.e. protective tips on chairs and tables be secured in a manner that ensures that adverse weather conditions will not create a risk for pedestrians, property and passing traffic not be affixed to any footpath, building, street furniture, pole or other structure not have sharp, pointed, or jagged edges, corners or protrusions. Inflatable signs, portable electric signs, illuminated, revolving, spinning or flashing signs, flags and banners are prohibited from the footpath and nature strip Placement Items must: only be placed in the Trading/Activity Zone outside the property to which they relate during normal hours of trade unless otherwise directed or approved by Council be removed to facilitate footpath cleaning by Council s cyclic maintenance program. not be placed over service pits (e.g. storm water, Telstra etc) located where pedestrian or driver sightlines will not be obstructed have adequate storage provided on the premises for all approved furniture, goods or other items be positioned to ensure they are entirely within the approved Trading/Activity Zone at all times (seats should not back on to the Pedestrian Zone if there is inadequate space within the approved Trading/Activity Zone). Items will not be permitted where access to a loading zone or disabled parking bay will be impeded. Amenity Traders must maintain the footpath trading/activity area in a clean and tidy condition and must clean up and dispose of cigarette ash, butts and any other litter. A permit may be cancelled or suspended if instances of continued obstruction, noise, disturbance and littering or ongoing untidiness are noted. Serving staff at outdoor dining areas should facilitate free access by pedestrians and give pedestrians passing priority over their own movements into and out of properties and the Trading/Activity Zone. 11

12 Patron behaviour The trader is responsible for the conduct of patrons using tables and chairs in the outdoor seating area and must ensure that patrons: are seated before serving of food and beverages adhere to any permit requirements such as no smoking or no alcohol consumption do not move tables or chairs from their positions or obstruct the Pedestrian or Kerbside Zones. do not allow pets, prams or any other personal items to obstruct the Pedestrian or Kerbside Zones. do not interfere with the use or enjoyment of the area by other patrons or members of the public. A condition may be placed on a permit requiring a trader to place written reminders to patrons on the tables or chairs regarding their responsibilities in relation to this clause. 8 Specific items Tables and chairs Tables and chairs will only be permitted at properties which are registered under the Food Act 1984 to serve food and/or beverages. Applicant is required to provide a copy of their Registration as a Food Premises issued by Maroondah s Community Health Department. The number of tables and chairs permitted on the footpath in the Trading/Activity Zone is determined by the space available o The number of tables and chairs and their location must be shown on the plan submitted as part of the street trading application. Tables and chairs must be set back from existing infrastructure, including street trees, lights, public furniture. Goods display Council will encourage street displays that add to the visual appeal of the precinct and that encourage additional activity in the area. A current permit must be held prior to the installation of any goods display and/or associated ancillary items. Approval for goods display will be at the discretion of Council. Vending machines, illuminated, revolving, spinning or flashing displays are prohibited from the footpath. Power cords will not be permitted across footpath. Goods displays will not be allowed to exceed a height of 1.5 metres or a depth of 0.75 metres and must fit within the trading zone. If foodstuffs are displayed, all Food Act requirements must be met. 12

13 A-Frame signs The visual amenity and vibrancy of Maroondah s commercial areas is dependent on an open and inviting streetscape and is reliant on order and strategic locations of signs. Council discourages the proliferation of multiple A-frame signs where they impact negatively on visual amenity, as Council will consider each application for an A-frame display on merit and equitable availability for all. A-frame signs are only permitted in business zones and are not permitted outside residential premises. A current permit must be held prior to the display of any A-frame signs. A-frame signs must be of stable construction and not exceed 0.6 metres in width or 1.0 metres in height The maximum number of signs permitted is two (2) per business (space allowing) and may only be displayed as specified in permit conditions (normally only outside the property to which they relate). No A-frame board is permitted away from the relevant premises/business. All signs are to be secured in place by a means that is not reliant on, or physically tied to, any poles, fixtures or trees o The means by which these signs are to be secured must not extend beyond the footprint of the permitted sign and must be to the satisfaction of Council. o Any securing device is to be removed with the sign May only feature the business name or service provided by the business to which it relates. All signs placed on private property are subject to Planning Regulations. Outdoor heaters Must be affixed to an existing permanent structure i.e. adjoining building so as to be located off the footpath. A planning permit is required to affix any outdoor heater to a permanent structure. The installation of outdoor heaters must comply with the current requirements as specified by Energy Safe Victoria. Free standing/portable heaters are not permitted. Lighting For kerbside dining areas to operate beyond daylight, adequate lighting must be provided to ensure the safety and amenity of patrons and the general public. Lighting is to be affixed to the principal business. Spotlights and free standing portable lights are not permitted. Shade shelters, umbrellas and other enclosures Must be at least 2.2 metres high at the lowest point and must not protrude over the Pedestrian or Kerbside Zones. Must not allow rainwater run-off to splash into the Pedestrian Zone. Shade shelters, umbrellas and other enclosures must be freestanding and secured to the satisfaction of Council. Securing devices must be removed with the item at the end of trade. 13

14 Freestanding barrier screens Footpath trading barriers may be used to assist businesses to contain their furniture within the approved Trading/Activity Zone. Council will consider the approval of footpath trading barriers on a case-by-case basis and applications will be assessed according to available space, streetscape, pedestrian activity, amenities and traffic conditions. Footpath trading barriers are only permitted around tables and chairs To preserve the general appearance and openness of the streetscape, the maximum height for a footpath trading barrier is one metre. Barriers must be lightweight to ensure that they can be removed from the footpath at the close of business. The form and construction of any barrier screen must be suitable for its functional requirements and location, taking into account prevailing weather conditions. A gap of 150mm between the bottom of the barrier and the footpath must be maintained to allow for street cleaning. No other structure (i.e. drop-down blinds, menu boards) can be secured to barriers at any time Pot plants or planter boxes Planter boxes and the choice of plants can enhance kerbside dining areas and the streetscape generally and will be considered where they fit with streetscape plans. Total height including plant and pot must not exceed 1.2 metres. Pot plants or planter boxes must be: well maintained with healthy plants of suitable form, hardiness and species at all times. kept free of any litter or cigarette butts. They must not be used for advertising purposes. Metal or terracotta planter boxes are preferred, and should be easily removable and not damage the footpath. Awnings A Planning Permit is required for all awnings that are fixed to buildings the full policy is included in Maroondah s Planning Scheme. Awnings should be integrated into the street in a way that does not compromise Maroondah s high-quality public spaces. Awnings should not impede pedestrian traffic or car parking to the kerb or any street trees (including at expected size of maturity). Awnings must not detract from pedestrian safety, the safety and efficiency of traffic movements or the operation of public transport services and must not prevent reasonable access for the loading and unloading of goods. 14

15 Awnings should be designed to ensure that shopfronts are visible and to avoid clutter. Awnings should not form a continuous row (of awnings) along the footpath. Definitions of awnings Awnings include: Horizontal awnings that are fixed to buildings and project over a footpath to form a verandah. Vertical drop-down awnings (including partial and full length) that are fixed to verandahs and project over a footpath. Design guidelines for awnings Awnings provide weather protection for shoppers and can complement the streetscape when they are designed to respond to street elements such as street trees and street furniture. Awnings should be simple in style and appearance, and made of quality materials which are durable. If they are full length they should be transparent to allow views for pedestrians. This ensures they maintain a high standard and complements Maroondah s high quality public spaces. Full length awnings are only permitted to be used for a premises occupied by food and drink or entertainment uses or fresh food/flower outlets at street level and should contain no signage. The only signage supported is on partial drop-down awnings and is a small business identification sign or logo which is in keeping with the character of signage within the streetscape (maximum 1.5 square metres in total). Types of awnings that are supported by Council Horizontal awnings that are fixed to buildings to form a verandah. Partial drop-down awnings which are at least 2.2 metres above the footpath level. Types of awnings that are not generally supported by Council Full length drop-down awnings which are not transparent, and/or have signage. Partial drop-down awnings or full length awnings with side wings. Full length and partial drop-down awnings will not be permitted where they obscure traffic and parking signs or obscure the sight lines at an intersection. Full length and partial dropdown awnings will generally not be permitted within 10 metres from a non-signalised intersection and 20 metres from a signalised intersection. 9 Footpath trading and the Tobacco Act 1987 Council recommends and promotes a smoke free environment and will actively support smoke free dining through discounted permits, educational resources, business promotions, and newsletters. If smoking is to be permitted, requirements of the Tobacco Act must be met and compliance will be monitored. A trader is responsible for supplying any tables at which smoking is permitted with a wind-proof ashtray at all times. Discounted rates will be offered to premises providing smoke-free outdoor dining. 15

16 Proprietors will be responsible for ensuring a smoke free venue and permits may be cancelled should conditions not be met. More information is available from the Department of Health by calling the Tobacco Information Line on or visiting If you require further information or clarification contact Council s Community Health team on or (03) Consumption of liquor A Trading/Activity Permit only authorises the placement of tables and chairs and other associated items and the consumption of food on the footpath (in the Trading/Activity Zone). Maroondah Local Law prohibits the consumption of liquor in public space. It does not permit the supply and consumption of liquor on the footpath. A Planning Permit and a Liquor Licence are required to serve liquor on the footpath (in the Activity/Trading Zone) and the footpath becomes part of the licensed area of the premises. The permit holder must obtain a licence from the Victorian Commission for Gambling and Liquor Regulation (pursuant to the provisions of the Liquor Control Reform Act 1998) authorising the sale and consumption of liquor within the authorised Footpath Trading Zone, in addition to the area within the premises. Proprietors can only serve liquor on the footpath (in the Trading/Activity Zone) provided they have obtained all relevant permits and licences including the Street Trading Permit, Planning Permit and Liquor Licence. The granting of a Street Trading Permit from Maroondah City Council does not remove the right for Council to refuse a Planning Permit application or lodge an objection to a Liquor Licence application (pursuant to Section 40 of the Liquor Control Reform Act 1998) if it considers the proposal would be detrimental to the amenity of the area. For more information about liquor licensing matters, contact The Department of Justice (Victorian Commission for Gambling and Liquor Regulation) on For more information about Planning Permit requirements, refer Maroondah City Council Planning Scheme or contact Council s Statutory Planning Department on or (03) Queuing for licensed venues It is the permit holder s responsibility to ensure the safe management of patrons queuing. Queuing shall only occur adjacent to the building line on the kerbside. New premises should incorporate queuing areas within the premises. The roping off of a section of the footpath adjacent to a licensed venue in order to facilitate the queuing of patrons requires an annual Street Trading Permit. The roping off may involve the use of temporary bollards or similar in conjunction with tapes or ropes. 16

17 Roped off areas must be located directly adjacent to the building or property line and positioned to allow for the unimpeded access of pedestrians adjacent to any roped off area. Where a roped area is found to restrict orderly pedestrian movement on the footpath, an Authorised Officer may direct the roping off to be moved or removed, as the circumstance requires, notwithstanding that a valid permit may be held by the permit holder. Queuing patrons and other passing pedestrian traffic must not under any circumstances be forced from the footpath towards the road carriageway. Night club queue permits will not be issued adjacent to any outdoor dining areas. 12 Street performance Street performance can add vibrancy and character to commercial zones. Street performances must comply with the conditions specified on the permit as well as the requirements set out in this Policy. Applications will be considered on merit and street performers may be required to provide reference and/or samples. Where street performances are performed as a group (being more than one person and up to a maximum of six persons); the person who is issued a Permit must be part of, or supervising, the performing group at all times. Street performances of more than six people are generally not permitted. The permit will specify the area and times where the street performance may take place. Street performances will only be permitted between 7am and 11pm daily. No litter is to be generated by the activity No inconvenience or obstruction is to be caused to either pedestrians or vehicles The use of fire, animals, materials, substances or equipment as part of the street performance that, in the opinion of the authorised officer, may pose threat to public safety is prohibited. For children under the age of 16 to be permitted to busk, they must be accompanied by a person over the age of 18, and have with them parental or guardian written permission. Street performers must keep 1.5 metres of the footpath adjacent to the building line clear for pedestrians at all times. A street performer must leave any given location upon direction from police or an authorised officer School groups or students with relevant ID are exempt from paying a permit fee. 17

18 13 Street art Public artworks are an important part of our City s character. Examples of street art could include: artwork integrated into the fabric of a building a sculptural or decorative installation located in an open space text or poetry inscribed in a footpath or on public seating a mural, footpath design or wall relief creative markers which reflect the character of the precinct performance or multimedia presentations. Applications should be forwarded to Local Laws, Maroondah City Council, outlining your art idea, including location, maintenance and the duration of the installation. For further information, contact Arts & Cultural Development, Maroondah City Council on or (03) Street selling Street selling can add vibrancy and activity to an area. Council will support street selling by local businesses where the activity encourages healthy lifestyles, enhances the vibrancy of the area, encourages local business and is not in direct competition with other traders. Council will balance street selling activities with the need for commercial free zones. Street selling will be considered as temporary activity and will only be permitted at locations and times as defined in permit. 15 Street promotion, community advertising and fundraising A Permit is required for street promotions, and fundraising. Not-for-profit organisations benefiting the Maroondah community are exempt from paying a permit fee. Third party entities acting on behalf of individual charities will be charged for the street activity. Commercial Promotional activities will also be charged a fee. Sites will be allocated on an equitable basis and only two events per organisation will be permitted each calendar year. 18

19 Community advertising billboards in Council open space Commercial or political billboards are not permitted on Council land. Advertising billboards for approved non-profit Maroondah based community events may be considered at designated sites on Council land. Due to the high demand for the placement of temporary advertising signs within Maroondah, Council has developed criteria to ensure that organisations that benefit the community in Maroondah have equitable access to sites. The key criteria are as follows: The applicant must be a not for profit organisation. The applicant must be promoting a community event in Maroondah. The applicant must not be collecting/fundraising on behalf of another organisation. General conditions: Applications must be in writing. Signs are to be displayed for no more than three weeks and removed within two days of the event occurring. Two signs per organisation or event are permitted at one time, applications for additional will only be considered for large community events and will be dependent on availability. Maximum permitted size of sign is 2.4 metres by 1.8 metres. Sponsors' advertising on boards must not exceed 10% of the total sign area. The sign must not distract or obstruct a driver's view of the traffic signals or road signs. The sign must not cause any hazard or impediment to pedestrians. The sign must be securely anchored, and the applicant must reinstate the area after the sign is removed. Applications will not be considered more than six months prior to the proposed advertising activity. Permits for temporary advertising for approved non-profit Maroondah based community events are exempt from paying a permit fee. For permanent advertising signs, please contact Council's Statutory Planning Department on or (03) Canvassing/Spruiking and Pledge Programs Council does not allow activities such as canvassing, spruiking and pledge programs where community members are subject to unsolicited approaches by any organisation. 19

20 Fundraising Due to the high demand for the opportunity to fundraise within Maroondah, Council has developed criteria to ensure that organisations that benefit the community in Maroondah are able to fundraise within their community. A fundraising application is required. The key criteria are as follows: The applicant must be a not for profit organisation benefiting the Maroondah community. The applicant must not be collecting on behalf of another organisation. Permitted fundraising activities are: general Fundraising (eg. stalls) sale of organisational goods raffles door knocks. General conditions: Maroondah City Council reserves the right to request additional information or documents that may support the application. Two dates per calendar year will be permitted Fundraising activities are only permitted between sunrise and sunset, Fundraising activities are only permitted for the dates, times and locations shown on permit. Only one registered charity or not-for-profit organisation will be approved to conduct fundraising activities at any given location and time. Representative(s) must not harass or interfere with pedestrians, traffic, entrances to business premises or other street activities. Representative(s) undertaking fundraising/promotional activities must carry a valid permit at all times. Representative(s) undertaking fundraising/promotional activities must clearly display registered charity organisation identification at all times as per Fundraising Institute Australia Standard of Face to Face Fundraising Practice. Applications will not be considered if more than six months prior to the proposed fundraising activity. Any instructions issued by a member of the Victoria Police or an authorised Maroondah City Council officer must be complied with immediately. Amplification/spruiking is not permitted. For more information contact Local Laws, Maroondah City Council on or (03)

21 Highway collections/tin shakes A fundraising application is required. The conduct of tin shakes within Maroondah during the month of December is not permitted. Applications will not be considered for any proposed periods if more than six months prior to the proposed date of collections. The operation of intersection tin shakes may only take place where the consent of Victoria Police has been obtained by the organisation and that any conditions required by Victoria Police are met. While collecting, tin shake collectors shall carry a copy of the relevant Victoria Police Permit to be produced on demand by an Authorised Council Officer or Police. For more information, contact Local Laws, Maroondah City Council on or (03) Community food stalls and sausage sizzles Community groups and charities will require a permit for food stalls and sausage sizzles conducted on Council land. Personal fundraising will not be permitted. Commercial operators will be considered as Street Selling under this policy Any stall selling food must meet the requirements of the Food Act 1984 and obtain relevant Streat Trader permit. Information regarding Food Act requirements and Streat Trader information is available from Council s Community Health Department on Real estate agent signs The placement of temporary real estate agent signs (A-boards) requires a Street Trading Permit. Estate agents may be granted a permit for signs to be placed on the nature strip at or near a property for which the agent is acting. No sign may be placed on the road, on any roundabout, traffic island, or where it creates any hazard to pedestrian or vehicle safety. Real estate agent signs are only to be placed during daylight hours within two hours of the activity that they are advertising and removed within two hours after the activity they are advertising has ceased. One real estate sign permit will allow multiple signs to be used at any one time. A fee will apply. Corflute style pointer boards or similar are not to be attached to any Council controlled assets or placed on Council land. 21

22 18 Handing out flyers/pamphlets A permit from Council is not required if no selling is involved. If you wish to distribute leaflets on privately owned land, permission should be obtained from the shopping centre management. Leaflets must not be posted on car windscreens, no matter where they are parked. Material must not be obscene, defamatory or offensive. Any litter generated by this activity will be the responsibility of the entity listed within the advertising material. Infringements may be issued should littering occur. Maroondah City Council litter bins are not to be used for the disposal of excess or left over materials 19 Clothing bins Clothing bins are not permitted on Council land. The City of Maroondah is well serviced by numerous charity organisations and shops and as such clothing bins do not enhance the opportunity for donations. Council does not consider that clothing bins make a positive contribution to streetscape and are often the source of complaints regarding littering, dumping, bill posting and graffiti. Clothing bins on private land are the responsibility of the land owner who must ensure that the amenity of the area is not adversely impacted and no rubbish is permitted to accumulate. 22

23 20 Permit holder responsibilities The management of Street Trading Activities is the responsibility of the permit holder. To ensure appropriate management, permit holders are required to adhere to the following: Public Liability Policy must remain current at all times. Failure to maintain the Public Liability Policy is considered a serious breach of permit conditions. Permits will be immediately withdrawn if cover expires. Any permit that is obtained as the result of providing false or misleading information may be cancelled and the applicant may be ineligible to obtain a permit for a period of 12 months. Operate in accordance with the conditions of the permit, approved plan and requirements and objectives as outlined in this Policy. Must ensure street trading areas are kept clean and tidy, including cleaning around any fixed furniture or barriers. Operate in accordance with the conditions of any other relevant Food, Planning or Liquor License Permits. Observe all local law provisions relating to footpath trading, including noise, health and amenity. Display a valid permit registration sticker in the shop-front window at all times. Only the trading activity as shown on the approved plan shall take place on the footpath and must be contained within the trading zone at all times. The Pedestrian Zone of the footpath must remain clear at all times. The permit holder must not allow the footpath activity, including the behaviour of patrons, to detract from, or be detrimental to the safety, accessibility and amenity of an area or negatively impact on the wider community. Entertainment is not allowed on the footpath without permit. The footpath is to be kept clean and tidy of all food/rubbish/refuse or other waste matter at all times. Permit holders are responsible for the cleaning, and removal of all litter generated by their trading or patrons using the Trading Zone. The permit holder is to ensure that ashtrays and appropriate litter receptacles are supplied for the disposal of rubbish associated with the trading. These are to be emptied and cleaned on a regular basis to avoid spillage. No food/rubbish/refuse or other waste matter is to be deposited into the stormwater drainage system including the gutter. All refuse is to be disposed of by proprietor, street bins may not be used for commercial waste. Any displayed goods within an approved Footpath Trading Zone must be stacked or stored safely at all times. 23

24 21 Health and safety requirements Council is obliged to provide and maintain, so far as is practical, an environment, that is safe and without risk to health or safety. As a condition of Footpath Activity, Council requires that traders and their employees will at all times identify and exercise all necessary precautions for the health and safety of all persons including the traders, employees and members of the public who may be affected by footpath activities. Council may require as a condition of the permit a Safety Plan specific to the operation of the footpath activity. The Safety Plan shall consider and respond to the specific safety hazards and risks relevant to the footpath activity and shall document the systems and methods to be implemented for the period of the footpath activity. As a minimum, the Safety Plan should include: a risk assessment and risk control methods to be implemented relevant to the street trading activity specific Occupational Health and Safety hazards and issues relevant to the footpath activity. procedures for safety and risk inspections, audits or assessments relevant to the footpath activity legislative compliance with any Acts, Regulations, Local Laws, Codes of Practice and Australian Standards which are in any way applicable to the footpath activity. The trader must promptly notify Council of any incident, injury, property or environmental damage that occurs during footpath activity. If required by Council, the trader must within 3 days of any such incident provide a documented report giving complete details of the incident, including results of investigations into its cause, and any recommendations or strategies for prevention in the future. If Council informs a trader that, in the opinion of Council, the footpath trader is: not conducting the footpath activity in compliance with their Safety Plan, health and safety management procedures, relevant legislation or health and safety procedures provided by Council from time to time conducting footpath trading in such a way as to endanger the health and safety of the public or the environment the trader shall promptly remedy that breach of health and safety. Council may direct the trader to suspend footpath activities until such time as the Trader satisfies Council that the footpath activity will conform with applicable health and safety provisions. The cost of any suspension period referred to above will be at the full cost of the trader. If the trader fails to rectify any breach of footpath activity that has been suspended, or if in the opinion of Council immediate cancellation of the footpath activity is warranted, the footpath activity permit may be cancelled. Any cost of cancellation of permits will be at the full cost of the trader. 24

25 22 Compliance protocol Council will monitor compliance with this policy and the conditions of relevant permits. Any observed breaches of Council s local laws, policy or permit conditions will be investigated and enforcement action taken. Council s enforcement philosophy is that a cooperative approach will best achieve compliance with the policy. Upon detection of a breach of the Local Law, this Policy or a specific permit condition, action which may be taken in accordance with Maroondah City Council Local Laws includes: Verbal direction to the permit holder. Written Notice to Comply issued to the permit holder. o a first and final written notice with a time frame for compliance. Infringement Notice issued in accordance with the penalties under Local Laws. For repeated acts of non-compliance o goods/items may be impounded. o permit suspension/cancellation o prosecution. Prior to cancellation of a permit, Council will provide the permit holder an opportunity to make comment on the proposed cancellation. Where a permit is cancelled or suspended refunds will not be available. Action considered necessary to rectify an unsafe situation on the footpath may be taken; this may include impounding any items that are placed on the footpath. Release fees apply for any items that are impounded. Storage charges may also apply for larger items that are impounded. Incidents of non-compliance will be recorded and may be taken into consideration when renewing or assessing future permit applications. Council may cancel, suspend or amend a permit where the footpath activity detracts from, or is detrimental to, the safety, accessibility or amenity of an area or negatively impacts on the wider community. 23 Enforcement of street activities To be granted a permit under this Policy, an applicant must agree with this Policy and sign the application form. Any non-compliance is a breach of the current Maroondah City Council General Local Law and will result in enforcement measures being taken. Failure to maintain a current public liability insurance policy is considered a serious breach of this Policy and will result in cancellation of the permit. The permit holder is liable for any breach of the conditions set out in this Policy, including those committed by their staff or patrons. Council s Local Laws department monitors the operation of street activities to ensure the conditions of permits and the Street Activities Policy are complied with. If you have any questions, please contact the Local Laws Department on or (03)

26 24 Application process Applying for a Street Activity Permit Applicants are advised to familiarise themselves with this Policy prior to making an application to Council. Understanding the responsibilities involved in managing the footpath area, design requirements, legal obligations, costs involved and other relevant matters is important. Required information with application Applicants need to: complete and sign a street trading application form (available on Council s website or at one of Council s Service Centres) provide a copy of the Planning Permit for the business or advice from Council s Statutory Planning Department indicating that a Planning Permit is not required for the proposed/existing business to which the outdoor area relates where relevant, provide a copy of the approved Liquor Licence for the premises to which the outdoor area relates provide proof of the company and business registration certificates, showing the company name, ACN, ABN and business name provide a Certificate of Currency in relation to a public liability policy of insurance. The Council requires the insurance policy to note the Council s interest and be for the amount of no less than $10 million in respect to any single occurrence provide a form of indemnity to indemnify the Council against all claims of any kind arising from any negligent act either by the permit holder or the permit holder s agents and users when proposing tables and chairs for the purpose of footpath dining within the Trading/Activity Zone, provide Food Act registration details. Provide a plan of proposal, drawn to scale 1:100, showing: the width of the frontage and of the footpath from outside edge of kerb to the property lines location of property lines and type of abutting uses location of existing trees, light poles, signs, existing street furniture, pits, fire hydrants, street lights, car parking and other public infrastructure site plan of proposed footpath activity at a scale of 1:100 that shows the area and layout of the proposed footpath activity, including the proposed location of tables and chairs, goods displays, A frame signs or other items/activities details of any proposed goods displays, A-frame signs or tables and chairs, including colour photographs or detailed design drawings of proposed items and any means by which they may be proposed to be secured provide details of any proposed advertising on items placed on the footpath, including a colour photograph or detailed design drawings of the advertising and an indication of its size details of the hours of operation of the business to which the activity relates and the hours of operation proposed for the footpath activity any other relevant details if your application adheres to the Street Trading Policy and a Town Planning or other permit is not necessary, a permit will be issued. A permit will usually be issued or declined within two weeks of lodging your application. However, this time may vary if 26

27 your application needs to be deferred to other Council departments such as Health, Planning, Building and Assets in which case you will be notified if under the provisions of the Maroondah Planning Scheme a planning permit is required, this must be obtained prior to the issuing of a Street Trading Permit. A Local Laws officer will visit you to discuss and assess your application if clarification is required. The application may also be referred to Council s Planning department to determine if a Planning Permit is required in addition to the Street Trading Permit. Failure to submit any of the information required for the application may result in delays in processing and/or refusal of the application. 25 Permit assessment and consideration Local conditions will influence where items may be placed. Council will consider what the activity offers to an area and will give priority to those activities that encourage and support local business and community groups. Council cannot permit activity where it would compromise pedestrian or traffic safety. Relevant local conditions include; footpath width, proximity and roads, disabled parking bays, loading zones, parking bays angle or parallel, street furniture, trees and landscaping and the number of pedestrians at particular times of day. Council s authorised officers may consent to an application as submitted, or with modifications, and with or without conditions as set out in the permit. An application may be rejected or a permit withdrawn if: the sight of pedestrians crossing at an intersection or crossing is interfered with so as to obscure oncoming traffic access for people with disabilities is compromised pedestrian access, including prams is restricted the sight of the driver of a vehicle or cyclist is interfered with so as to not properly see pedestrians, signals or signs signs are moving, rotating, illuminated or reflective if a sign is misleading, offensive or obscene permit requirements have not been met and/or there is continuing failure to comply with directions incidents of previous non-compliance will be taken into consideration at the time of annual permit renewal and when requests to vary or add to a permit are considered for approval under any other circumstances that are believed to create a safety hazard to pedestrians, motorists or cyclists or cause detriment to the amenity of the area. should there be a requirement for two permits e.g. A-board and goods on footpath a site plan should be submitted with application. Council will assess and permit will only be granted if there is sufficient space available for any reason it is deemed to be unsuitable by Council officers Maroondah City Council reserves the right to withdraw the permit at any time Maroondah City Council reserves the right to change the Conditions of Issue and Use of the permit. Before a permit is granted for the first time or after a change of business use, Council may require an applicant to give notice of the application to persons who may be affected by the granting of a permit which will entitle those persons to make a submission which is be considered before a determination is made on the application. 27