ORDINARY MEETING OF COUNCIL 22 NOVEMBER 2004 ORDER OF THE DAY ORDER 1 LOCATION/ADDRESS: RESPONSIBLE EXECUTIVE DIRECTOR: AUTHOR: FILE NO.: 56/04/06 ATTACHMENTS: SOUTH MELBOURNE MARKET TRADING HOURS SOUTH MELBOURNE MARKET DAVID GRAHAM, EXECUTIVE DIRECTOR CORPORATE MANAGEMENT CATHY HENDERSON, GOVERNANCE ADVISOR NIL. 1. KEY ISSUES 1.1. It is proposed to confirm existing trading hours for the South Melbourne Market, and set special Christmas 2004 trading hours. 1.2. South Melbourne Market currently trades 8am-4pm on Wednesdays, Saturdays and Sundays, and 8am 6pm on Fridays. These trading hours are slightly different to the trading hours set out in the City of Port Phillip Procedures & Protocols Manual. 1.3. The current phrasing of the Procedures & Protocols Manual requires a Council resolution to alter trading hours. 1.4. The South Melbourne Market Management Committee recommends that it be given the power to vary trading hours in future. 2. CONTEXT 2.1. The Procedures & Protocols Manual forms part of Community Amenity Local Law No. 3. It sets out trading hours for the market as follows (Part 6): 2. Provisions applicable to the South Melbourne Market (1) The South Melbourne Market will be open for public use on: (a) each Wednesday which is not a public holiday, between the hours of 6.00am and 2.00pm; (b) each Friday which is not a public holiday, between the hours of 6.00am and 6.00pm; (c) each Saturday which is not a public holiday, between the hours of 6.00am and 4.00pm; (d) each Sunday which is not a public holiday, between the hours of 8.00am and 4.00pm; and (e) any other days or times that the Council may fix by resolution. (2) Where the Council varies the days and the times that the South Melbourne Market is open for public use, it must give public notice of those varied times and days. 62
2.2. For many years the market has not officially opened at 6am on Wednesdays, Fridays and Saturdays as listed above - but instead the market officially opens at 8am. 2.3. In July 2004 market stallholders submitted a petition to extend Wednesday opening hours and reduce Friday opening hours of the market. The South Melbourne Market Management Committee endorsed extending Wednesday opening hours from 2pm to 4pm, but did not endorse changes to Friday trading hours. The Wednesday extension of hours was widely advertised. 2.4. The market s normal advertised operating hours are therefore: Wednesdays 8am 4pm Fridays 8am 6pm Saturdays 8am 4pm Sundays 8am 4pm 2.5. Council s delegation to the South Melbourne Market Management Committee does not specifically delegate the power to set trading hours. 2.6. The Market opens for extra days in the lead-up to Christmas. Christmas trading hours have been endorsed by the South Melbourne Market Management Committee but the hours need to be formalised. Stallholders have been advised of the extra trading days since they need to know well in advance for staff and ordering purposes. 2.7. For other public holidays during the year, the Market often opens on an alternative day in lieu of the public holiday. For instance, the market usually opens on the Thursday before Good Friday and is closed on Good Friday. 2.8. It is expected that with the market upgrade, and with the development of the Red Bears site, there will be a need to further extend opening hours in certain market precincts. It is intended that when the stalls on Cecil Street are upgraded there will need to be an extension of trading hours and trading days. It should be formalised that a defined group of stalls could have wider trading hours than the rest of the Market. 3. PROPOSAL 3.1. To address the immediate problem of confirming trading hours, it is recommended that Council pass a resolution setting regular trading hours and Christmas trading hours. The Procedures & Protocols Manual should also be amended to reflect existing trading hours. It is also recommended that the South Melbourne Market Management Committee be given the power to amend trading hours in future, including to set extended hours for particular precincts. 63
4. OPTIONS 4.1. The recommended option is for Council to immediately confirm trading hours and Christmas trading hours by resolution. This option would also see the Procedures & Protocols Manual amended to reflect existing trading hours, and to allow South Melbourne Market Management Committee to amend trading hours in future. 4.2. Alternatively Council could simply confirm existing trading hours and Christmas trading hours by resolution, but leave the Procedures & Protocols Manual unchanged. This would solve immediate trading hours issues but would mean that future changes to trading hours (including Christmas trading and trading days in lieu of public holidays) would need to be referred to Council for decision. The Procedures & Protocols Manual would list opening hours for the market that were no longer relevant. 4.3. A third possibility is that Council could decline to confirm existing trading hours or set Christmas trading hours. This would disadvantage shoppers, stallholders and the local community. 5. POLICY IMPLICATIONS 5.1. The recommendation will see the Procedures & Protocols Manual updated. It reflects a previous change in trading hours adopted partly in response to stallholder requests. 6. SUSTAINABILITY IMPLICATIONS 6.1. Social The South Melbourne Market is a significant asset to the local community. 6.2. Economic Extending opening hours on Wednesday afternoons at Christmas and trading days in lieu of public holidays contribute to local economic development. 6.3. Environmental Changed trading hour arrangements probably have no significant impact on the environment. 6.4. Cultural The Market contributes to community vitality. 7. RESOURCE IMPLICATIONS 7.1. There are no direct financial implications for City of Port Phillip. 64
8. INTERNAL CONSULTATION 8.1. South Melbourne Market Management Committee, Executive Director Corporate Management, South Melbourne Market Manager, Governance Co-ordinator, and Health & Enforcement Advisor were consulted about the preparation of this report. 9. EXTERNAL CONSULTATION 9.1. In May 2004 the South Melbourne Market Management Committee received a petition signed by approximately two-thirds of stallholders requesting an extension of Wednesday trading hours until 4pm. 10. IMPLEMENTATION 10.1. Changes to trading hours set by resolution of Council have immediate effect. The current trading hours have already been widely advertised. 10.2. Advertising of the changed Christmas trading hours is ready for distribution. There will also be advertisements in local newspapers. 10.3. Under the Local Government Act 1989, changes to the Procedures & Protocols Manual must be gazetted before they take effect. The changes would be gazetted on 2 December 2004. 11. CONCLUSION 11.1. Confirming trading hours and giving South Melbourne Market Management Committee the power to amend trading hours in future creates certainty for market stallholders and shoppers. 65
12. RECOMMENDATION 12.1. That Council resolve that Christmas 2004 trading hours for the South Melbourne Market will be: Monday 20 December closed Tuesday 21 December 8am - 4pm Wednesday 22 December 8am - 4pm Thursday 23 December 8am - 6pm Friday 24 December 8am - 6pm Saturday 25 December closed Sunday 26 December closed Monday 27 December closed Tuesday 28 December closed Wednesday 29 December 8am - 4pm Thursday 30 December closed Friday 31 December 8am - 6pm Saturday 1 January closed 12.2. That the Council resolve that ordinary trading hours for the South Melbourne Market are: Wednesdays which are not public holidays: Fridays which are not public holidays: Saturdays which are not public holidays: Sundays which are not public holidays: 8am 4pm 8am 6pm 8am 4pm 8am 4pm 12.3. That the Procedures and Protocols Manual be amended as follows and the amendments advertised in the Victorian Government Gazette: 12.3.1. Part 6, sections 2(1)(a) (d), opening hours be amended in order to reflect existing opening hours, to read: 2. Provisions applicable to the South Melbourne Market (1) The South Melbourne Market will be open for public use on: (a) each Wednesday which is not a public holiday, between the hours of 8.00am and 4.00pm; (b) each Friday which is not a public holiday, between the hours of 8.00am and 6.00pm; (c) each Saturday which is not a public holiday, between the hours of 8.00am and 4.00pm; (d) each Sunday which is not a public holiday, between the hours of 8.00am and 4.00pm; and 12.3.2. Part 6, section 2(1)(e), the words or South Melbourne Market Management Committee be inserted in order to allow the South Melbourne Market Management Committee to amend trading hours as required: (e) any other days or times that the Council or South Melbourne Market Management Committee may fix by resolution, including days or times fixed by resolution for particular groups of stalls 66
12.3.3. Part 6, section 2(2), amend the words so that public notice must be given of varied trading hours, whether varied by the Council or by the South Melbourne Market Management Committee, to read as follows: (2) Where the days and the times that the South Melbourne Market is open for public use are varied as above, public notice must be given of those varied times and days. 67