Information sheet

General Local Law 2018

Attached is a copy of the information relating to obtaining a permit for Goods for Sale on footpaths.

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 $20,000,000 (twenty 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 $177.50 per trolley will be required.

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

City Regulatory
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 Rd  
Keilor 3036  Sunshine 3020  

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

Guidelines

General Local Law 2018

These guidelines are issued in conjunction with the Brimbank City Council General Local Law 2018 and determine the conditions relating to the display of goods for sale on footpaths or any other part of a road reserve.

“Goods” includes any small items of merchandise but does not include large items such as lounge suites or similar items of furniture.

1.  Guidelines/objectives

a.  Provide for the safe and fair use of streets, roads and footpaths

i.  To place the highest priority, without limiting competition between traders, on the amenity of the municipality by prohibiting, regulating and controlling the display of goods for sale on any footpath or any other part of a road reserve

b.  Provide a clear indication to traders under what circumstances Council would consider the issuing of a permit for the display of goods for sale

c.   Assist the commercial viability of local businesses

2.  Application procedure

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

b.  The Council will inspect the site to assess the application

c.  The application shall then be assessed in accordance with the criteria detailed in these guidelines

3.  Conditions

A person may with a trading permit display and sell goods from the footpath provided the goods are ordinarily offered for sale from the adjoining premises and provided:

a.  The front of the premises must be kept clear at all times

b.  A 0.7 metre clear space must be maintained from the back of the kerb at all times to enable drivers and passengers to exit or enter vehicles

c.  A 1.8 metres clear footway must be maintained at all times for pedestrians

d.  The surrounding area must be kept clean. Litter, rubbish, discarded material and boxes must be removed immediately

e.  Goods may only be displayed on a structure specifically built for the purpose and approved by an Authorised Officer (ie no loose boxes, crates, etc.)

f.  Any food on a structure must be at least 300mm above the footpath level

g.  The maximum height of the display is to be 1200mm from the ground – refer to Attachment 1.

h.  The goods and structure supporting them may only be displayed during normal shop trading hours and must be totally removed at the end of each day

i.  The maximum width of the structure must be no more than 1.3 meters.

j.  Adequate lighting is to be provided if goods are displayed after dark during normal business hours

k.  Display of goods only. No preparation of goods allowed on footpath (ie. Cutting and wrapping of fruit and vegetables).

l.  The permit only applies to the use of the Display Cart shown in Attachment 2 and no other structures other than the approved Display Cart can be used to display, sell or store goods on the footpath.

m.  No alterations are permitted to the approved Display Cart that vary the design and appearance of the Display Cart from the specifications shown in Attachment 2.

n.  No advertising, marketing and or other collateral is permitted be attached or displayed on the display cart.

Note:  See attached sketch plan to help interpret the above conditions

p.  Council reserves the right to suspend the permit for a period of time subject to any risk management or other issues associated with a permitted event taking place in the vicinity of the display.

Note: Notification to be sent to permit holders prior.

*The reason for this is to ensure that all footpath areas are available for expected increased pedestrian numbers.

4.  Insurance indemnity

a.  The applicant must produce a current public liability insurance policy to the value of
$10 million which extends to cover footpath trading

b.  The applicant must produce written indemnification of Council against liability for activities authorised by the permit

5.  Assessment

a.  To assist in processing the application it is recommended that the applicant provide a sketch plan (with dimensions) or photograph of the display structure, and a sketch plan (with dimensions) of the footpath area in front of the premises where the structure is to be located

b.  On assessment of all the criteria specified in this application Council shall:

•  Issue a permit which will include various conditions which are required to be adhered to; or

•  Refuse the application

c.  Any contravention of the permit conditions will result in an on-the-spot fine being issued or the cancellation of the permit. A cancelled permit will not be reissued for a period of 12 months after it has been cancelled

d.  All permits will expire on 30 June each year

6.  Penalties

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

7.  Fee Structure

•  Non-refundable application fee of $85.50

•  Permit Fee of $177.50 per display cart

Guidelines for structures to display goods for
sale on footways

Guidelines for structures to display goods for sale on footways

Display Cart Specifications- EXAMPLE ONLY

Material: Powder coated sheet metal

Perforation: Sprite

Colour/s: Green, Sensation, Shamrock or Lobster

Permit application

Display of Goods for Sale

Applicant details

Application is made for a permit to display the following goods:

Number of Display Carts on the footpath (every 1.2 meters is 1 cart)

At (please show area collection is being undertaken):

The structure will be made of the following materials:

Privacy Collection Statement

Form of indemnity

(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 display goods for sale on the footpath:

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 twenty million dollars ($20 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).

OR