Fact Sheet: Commercial Personal Training and Fitness Groups

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1 Fact Sheet: Commercial Personal Training and Fitness Groups Introduction It is a requirement under the Crown Land Acts Amendment (Lease and Licence Terms) Act 2009 that personal trainers and fitness groups operating on public land within the City of Port Phillip have a licence agreement with Council. Activities which require a licence include organised commercial fitness pursuits, such as personal training boot camps, triathlon groups or any other group fitness class or training sessions. Not for profit organisations who do not receive a financial benefit are not required to hold a licence. The City of Port Phillip places great emphasis on protecting and preserving our natural environment, including our foreshore areas and open spaces, for the benefit of all the community. Licensing for commercial fitness activities helps us to achieve this aim by: Managing impacts generated by organised fitness training groups on public open space, park assets and other park users Ensuring equitable access to limited public space Regulating activities of organised fitness groups, including public liability and occupational health and safety concerns Balancing the needs of open space users with those of local residents and visitors Council welcomes applications from personal trainers and fitness groups which will provide significant social and health outcomes for the community, whilst respecting the City s natural assets. What activities can I run? The following activities are permitted, subject to approval and licence agreement with Council: Gym sessions (with or without weights, skipping ropes, fitballs, etc) Boxing and pad training Organised aerobic activity Running groups Circuit training A combination of any of the above The following activities are not permitted: Organised ball sports (eg. soccer, rugby, football) Use of amplified music or voice equipment The offering for sale of clothing, merchandise, equipment, refreshments, goods, services or products Static training on or along the foreshore of the City of Port Phillip s six beaches at Elwood, St Kilda, Middle Park, South Melbourne, and Sandridge

2 Fact Sheet: Commercial Personal Training and Fitness Groups The following restrictions apply: Maximum number of participants per session is 15; at some locations this may be lower Maximum number of open space allocation eight per licence Maximum number of permits Council will issue is 100 Maximum number of signs to be displayed is one per personal trainer or fitness group All permits will expire on 30 June and will be valid for up to one year only When can I operate? Applicants must specify in their application the days and times they intend to run their activities at a particular location. Due to restrictions on the number of personal trainers and fitness groups that can operate in the same location at a given time, no consideration will be given to applications that attempt to blanket book a location (ie. book from 6am to 8pm each day). Where can I operate? The following reserves have been assessed as suitable for personal training and group fitness classes. Albert Park Foreshore Albert Park Sports Precinct Elwood Foreshore Elwood Park Elwood Primary School Point Ormond Buckingham Reserve Edwards Reserve Garden City Reserve JL Murphy Reserve Lagoon Reserve Foreshore RF Julier Reserve Alma Park Catani Gardens Peanut Farm Reserve St Kilda Foreshore Albert Park Albert Park Elwood Elwood Elwood Elwood St Kilda St Kilda St Kilda St Kilda

3 Fact Sheet: Commercial Personal Training and Fitness Groups Licensed personal trainers and fitness groups will be required to operate their activities within a designated area which will be set out in the licence agreement with Council. Activities must not take place within 10 metres of any Council owned infrastructure including buildings, playgrounds, public toilets, cricket nets, fencing or monuments. Council does not provide undercover training areas in the event of inclement weather. This is the responsibility of the trainer to cancel the session or seek an alternative indoor venue. Council has limits to the number of personal trainers and fitness groups able to operate at the same location at a given time, and may not be able to approve all requests for licensing. Where possible, Council will attempt to find an alternative suitable location should a reserve not be available. A licence does not grant exclusivity of the designated area. The area must remain accessible to the general public at all times. When completing the personal training application form, please note the approved locations listed on page 4 with specific site restrictions that must be adhered to. Council will not consider any exemption to these restrictions. No refund of license fees will be provided for personal trainers and fitness groups wishing to cancel their license prior to the expiry date. Applicants should note that Albert Park Lake is not managed by the City of Port Phillip, and therefore any personal trainer or fitness group wishing to use Albert Park Lake for their activities must contact Parks Victoria on to obtain a separate licence.

4 Fact Sheet: Location Suburb Commercial Personal Training Albert Park Foreshore and Fitness (Grassed areas Groups only) Max no. trainers per hour APPROVED TRAINING RESERVES & RESTRICTIONS Max no. participants per trainer Time Restrictions Other Restrictions Albert Park 1 10 None No training permitted on beaches Albert Park Sport Precinct Refer to Parks Victoria for booking procedure. Parks Victoria can be contacted on Elwood Foreshore (Grassed areas only) Elwood 5 15 None No training permitted on beaches Elwood Park Elwood 5 15 None No training permitted during any major events. Please review City of Port Phillip Major Events Calendar to confirm availability Elwood Primary School Elwood 2 15 No training prior to 5:00pm Monday Friday No training permitted on Sunday Point Ormond Reserve Elwood 3 15 None None Buckingham Reserve 2 15 Edwards Reserve 1 15 No training permitted on Sunday No training permitted on Sunday Garden City Reserve 1 3 J.L. Murphy Reserve 5 15 None No training permitted on Sunday Lagoon Reserve 3 15 Foreshore (Grassed areas only) No training prior to 6:00am Monday - Friday Subject to surface condition 1 10 None No training permitted on beaches R.F. Julier Reserve 2 15 No training permitted on Sunday Alma Park West St Kilda 4 15 No training on partial areas prior to 9:00am None Catani Gardens St Kilda 8 15 None Peanut Farm Reserve St Kilda 2 15 St Kilda Foreshore (Grassed areas only) Training is only permitted between 7:00am - 2:30pm Monday - Friday St Kilda 2 15 None No training permitted during any major events. Please review City of Port Phillip Major Events Calendar to confirm availability Nor training permitted on Saturday or Sunday No training permitted on beaches. No training permitted on Sunday

5 Will I get the location and times I request? Council will consider all applications with the aim of optimising the use of the public space for the benefit of the community. This may mean that some requests for locations and/or times are refused. How many trainers can operate under the licence? Licences provide authorisation for one trainer only to operate at a given time. The authorised trainer can nominate a replacement in case of illness or other absence and must notify Council within 24 hours of the scheduled session, quoting the permit number and providing the name and contact number of the replacement trainer. A company can nominate more than one trainer to operate under the licence by providing a rostered listing of the qualified trainers who will operate under the licence. The trainers must not be operating under the licence concurrently. If there is any overlap in the scheduling of fitness activities, the company must apply for an additional licence. All trainers nominated by a company must meet the eligibility criteria and provide the required documentation. What is the cost? Licence fee for personal trainers and fitness groups, as required under the Crown Land (Reserves) (Tour Operator Licence Fee) Regulations The $ annual licence fee is to be paid in advance prior to commencing training. Licences issued for a period of less than 12 months will still be charged the full annual fee. Please visit the State Government web page for further information on the new licensing system. (Please note, although the fees refer to 'Tour Operators' using public land, personal training activities come under the policy. Personal - or fitness - trainers are considered to be conducting a commercial activity on public land). How do I apply for a licence? Applicants must complete and submit the Application Form: Commercial Personal Training and Fitness Groups to be considered for a licence. Evidence of the following documentation must be provided at the time of application: Current Senior First Aid Certificate Current public liability insurance which indemnifies City of Port Phillip Council to a minimum of $10million Professional registration with Kinect Australia, Fitness Australia or other peak body How long will it take to receive the licence? Once your application is received, we aim to process your request and provide confirmation of any approved locations and times within three weeks. We aim to issue an approval to train letter to allow training to commence within three weeks of confirmation being provided.

6 What are the responsibilities of a licensed trainer or fitness group? Waste management It is the responsibility of the licensee to ensure that all waste and recycling is removed from the activity site and is correctly disposed of at the conclusion of the activity Amenity Management The permit holder must comply with any relevant legislation, regulations and local laws and shall always conduct themselves in a proper and orderly manner and be considerate to other reserve users and adjacent residents. Occupational Health and Safety The licensee is responsible for safe guarding their participants and the public against injury and for maintaining the site in a safe condition at all times during the conduct of the activity. The operator must notify a Council representative immediately after an accident or any incident involving injury or property damage. The licensee and its operators are responsible for ensuring that all relevant OH&S standards are met in regards to the conduct of the activity. The operator is only to provide activities for which they are qualified. Risk and emergency management Risk management is a process to identify, assess and respond to risks that may impact on your activity. Licences must have a risk management plan which includes measures that have been put in place for safety procedures and response to emergency situations. Common risks include: Unsafe infrastructure or equipment Electrical and gas safety Dehydrations and sunstroke Criminal activity Accidents or injuries Risk to general public as well as participants Park management It is the responsibility of the activity organiser to: Leave the area in a clean and tidy condition Ensure that there is no damage to property and/or the environment resulting from the conduct of the activity Reimburse Council for the cost of any restoration or repairs which are required as a result of the activity Ensure that activities do not create wear and tear on grassed areas or obstruct any stairways or pathways Limit signs to 1 per licence which must not obstruct any stairways or pathways Ensure that park furniture is not used at all Ensure that exercise equipment used does not create any hazards and is not suspended from any structure or trees The activity must not interfere with any Council approved activity or event. These activities or events will take priority over personal training of group fitness.

7 Noise management No music or PA system is permitted. Noise from activities must not unreasonably disturb other users or adjacent residents. Special conditions To view the special conditions that are part of the licence agreement that must be entered into, please contact the Sport and Recreation Team. Where can I park? No parking is permitted on the foreshore or promenade. All personal trainers and participants must park in designated parking areas and obey all parking signs. What do I need to comply with? Directions of members of the Victoria Police or authorised officers of the City of Port Phillip Council must be complied with at all times. All terms and conditions stipulated in the Council permit and Department of Primary Industries Land License. Please note; any trainer who fails to sign the license agreement within one month will have his/her license revoked and annual license fee forfeited. It is also a requirement under State Government policy to provide accurate quarterly reporting figures to the City of Port Phillip Sport and Recreation department. Termination of a license Council reserves the right to cancel and terminate a personal trainer license if deemed appropriate. If a trainer is found in clear breach of operating outside of the terms and conditions stipulated in the permit and license agreement then Council reserves the right to take the following disciplinary procedures. 1. A Council Officer will contact the offending trainer and verbally request they comply with their permit and license conditions 2. Council will issue a written notice to comply letter to the offending trainer which will be classified as a final warning. 3. Council will terminate the personal training license and request they cease to operate with the City of Port Phillip. 4. If a trainer is found conducting commercial recreation activities on a Council reserve without a permit then a Council Local Laws Officer will be contacted and instructed to issue an immediate fine. *Any trainer that has had a license terminated in the current year will be ineligible to apply for a license the following financial year. Please note: No refunds of license fees will be provided for personal trainers and fitness groups wishing to cancel their license any time prior to the expiry date.

8 How will my information be used? The City of Port Phillip is collecting the personal information requested on this form for the purpose of determining licences agreements for Personal Training and Group Fitness. The personal information will be used solely by the City of Port Phillip for this primary purpose and the directly related secondary purpose of sending you any further information relating to this process. The applicant understands that the personal information provided is for these purposes and that they may apply to council for access and/or amendment of the information. During the application and assessment processes information will be kept confidential. Applicants can opt to have their contact information included on the City of Port Philip website. Any applicant who chooses to do so may request that this information be removed at any time. The City of Port Phillip may list on its website the days and times that personal trainers and fitness groups are licensed to use a reserve to allow members of the community to be informed about licensed activities in public open space. Where can I get more information? For more information on licensing for personal training and fitness groups, please contact the Recreation Team on , or recreation@portphillip.vic.gov.au.