Information sheet

Business Promotion (Spruiking) in a Public Place

 
 

 

General Local Law 2018

Attached is a copy of the information relating to obtaining a permit for Business Promotion (Spruiking) in a Public Place.

Before your application can be processed you must provide Council with the following:

1.  Payment of a non-refundable application fee of $85.50

2.  Completed application form

3.  Completed Indemnity Form

4.  Copy of your public liability insurance

Also, your public liability insurance must be current. You must provide Council with a copy of your insurance policy in a form approved by Council NOTING THE INTERESTS OF BRIMBANK CITY COUNCIL AS A PRINCIPAL insuring for a minimum sum of $10,000,000 (ten million dollars) or more and showing that you have paid the premium.

PLEASE NOTE:

Once your application has been processed, payment of the permit fee of $356.00 will be required.

 

Payment can be made by submitting a cheque or money order to:

City Compliance
Brimbank City Council
PO Box 70
SUNSHINE 3020

OR

By attending one of the following Customer Service Centres:

Keilor Office  Sunshine Office  

704B Old Calder Hwy  301 Hampshire  
Keilor 3036  Sunshine 3020  

 

If you require additional information please contact Customer Service on 9249 4000.

 

 

Guidelines

Business Promotion (Spruiking) in a Public Place

 
 

 

General Local Law 2018

In accordance with the Brimbank City Council General Local Law 2018, Clause 34, the following guidelines are considered in determining conditions and issuing permits relating to singing and playing amplified sound equipment.

1.  Guideline objectives

a.  To maintain a high level amenity in public places by:

i.  Avoiding excessive noise by regulating activities that create noise

ii.  Ensuring pedestrian access along footpaths and into shops is not adversely affected by the activities

2.  Application procedure

a.  Applications shall be made on the application form associated with this document and all details on the form must be completed

b.  The City Compliance Department will inspect the site to assess which properties are likely to be affected

c.  If it is determined that anyone may be affected correspondence shall be sent to the owner and/or occupier informing of the application and requesting comment on the granting of a permit

d.  The application shall then be assessed in accordance with the criteria detailed in these guidelines and where objections have been received a report prepared for Council

e.  The applicant and affected owner/occupier will be contacted and advised of the Council decision

3.  Guidelines

a.  Location

i.  Where the location is in a shopping centre the activity may only take place in front of the premises it is representing unless Council has approved any other locations

ii.  Where the activity generates a crowd of people the applicant must ensure pedestrian access along the footpath and into other shops is not adversely affected

iii.  Any equipment electrical leads, furniture must be located so as not to cause a safety hazard to pedestrians

iv.  The level of sound emitted must be such that it does not create a nuisance to other shop traders

v.  If the activity is a continuing one, such as, promoting a business activity, it must not be capable of being heard inside any other shops

b.  Permit

i.  On assessment of all the criteria specified in this document Council shall:

•  If there is no valid objection(s) from the abutting property owner(s) or occupier(s), or any other person claiming to be affected by the granting of the application, issue a permit which may include various conditions which are required to be adhered to, or

•  Refuse the application

ii.  The holder on any permit shall at all times ensure that the conditions of the permit are adhered to at all times

iii.  All permits issued would be for the life of the activity or if ongoing annually effective from the date of application

c.  Penalties

Any proven contravention of any condition of the permit could result in an on the spot fine being issued.

4.  Fee Structure

•  Non-refundable application fee of $85.50

•  Permit Fee $356.00

 

 

 

 

Permit application

Business Promotion (Spruiking) in a Public Place

Applicant details

Name of applicant:

 

Address:

 
 

Suburb:

 

Postcode:

 

Telephone:

 

Email:

 
 

I wish to apply for a permit to carry out an activity that will create noise

The activity is (please describe):

 

The location is:

 

The day(s) and time(s) of the activity are:

 

The reasons for the activity are:

 

Signature of applicant:

 

Date:

 
 

 

Privacy Collection Statement

Personal information collected on this form is to assist Council staff to process and assess an application required by General Local Law 2018 and will be used solely for that purpose. Personal information will not be disclosed to any other person unless required by law. You may apply for access and/or amendment to your personal information by contacting Council’s City Compliance Department.

Application Fee
Cost code: GL 961

Permit Fee
Cost code: GL 962

 

Form of indemnity

 

 

THIS INDEMNITY is given the

 

day of

 

20

 

By

 
 

(hereinafter called “the Indemnifier”)

to the CITY OF BRIMBANK
(hereinafter called “the Council”)

WHEREAS the Indemnifier has applied to the Council for authority to use portion of a road or other public area within the municipal district under the Council’s General Local Law 2018.

NOW THIS INDENTURE WITNESSETH that in consideration of the Council granting such authority to conduct Business Promotion in a Public Place:

at

 
 

On the following dates

 
 

 

In consideration of the Council granting such authority the applicant agrees to take out and keep current during the period of the authority a liability insurance policy insuring, for a minimum sum of ten million dollars ($10 million), the applicant against all actions, costs, claims, charges, expenses and damages which may arise under the indemnity set out below.

The applicant agrees to indemnify and keep indemnified the Council, its servants and agents and each of them from and against all actions, costs, claims, charges, expenses, penalties, demands and damages whatsoever which may be brought or made or claimed against them or any of them arising directly from the applicant’s negligent acts, errors or omissions.

The applicant’s liability to indemnify the Council shall be reduced proportionately to the extent that any act or omission of the Council, its servants or agents, contributed to the loss or liability.

Nothing in this Indemnity shall constitute an agreement by the parties to contact out of their respective liability as determined under the Wrongs Act 1958 (Vic).

SIGNED SEALED AND DELIVERED by:

  

Name:

   

In Victoria in the presence of:

 

(Signature)

Witness:

   
   

(Signature)

OR

THE COMMON SEAL OF

  
  

Director

Was hereunto affixed in accordance with its Articles

  

of Association in the presence of:

 

Secretary