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Below is the Legal Advice to Yarra City Council re Outdoor Dining, Cafe Furniture and other potential footpath obstructions.  Attached is a copy of their Footpath Trading Policy.  The interesting point is that there can be no items placed in the Walkway Zone, extending from the building alignment for at least 1.5 metres to 1.8 metres.  ALL COUNCILS PLEASE TAKE NOTE.

 

Although the issue was not finally determined, in DAIS v Stonnington Council (16 January 1998) the Victorian Civil and Administrative Tribunal (Tribunal) indicated its strong view that where the failure to provide a guidance line may force a visually impaired person to lose their straight line, become disoriented or lose direction, and risk injury, then this is unlikely to be unreasonable and in breach of anti-discrimination legislation.  It stated that tactile indicators were not an entirely satisfactory alternative as they may be of little use to  the elderly.

 

http://www.yarracity.vic.gov.au/business/footpath.asp

 

 

Footpath Disability Access Requirement – LEGAL ADVICE

 

We have been provided with the draft Footpath Trading Policy (Policy) dated March 2003 prepared by the City of Yarra.  You have asked us to advise whether to comply with the Disability Discrimination Act 1992 (Cth) (DDA):

§                         there is a minimum width for a pedestrian passage that Council must provide; and

§                         in a retail shopping strip, the guidance line for visually impaired persons must be the building line as opposed to another line such as the footpath line.

We advise:

§                         The DDA makes it unlawful for a person to discriminate against another person on the ground of the other person's disability in the provision of a means of access to premises.  The definition of "premises" is sufficiently broad to extend to include footpaths under Council's control within the municipality.

§                         The defence of unjustifiable hardship does not apply to the specific questions you have asked as it does not apply to the use to which a footpath is put.

§                         For a footpath to be accessible to persons with a disability and not unlawfully discriminate in breach of the DDA, industry standards (even though they may not be binding) are relevant considerations.

§                         Australian Standard 1428 Parts 1 and 2 contain relevant provisions, but the most specific industry standard is Part 13 of the AustRoads Guide to Traffic Engineering Practice: Pedestrians.  This sets a general minimum standard footpath width of 1.2m as adequate for most road and street situations except in commercial and shopping environments, where the pedestrian demands and accident risk may require wider paths.  The Guide states that to enable wheelchairs to pass, an absolute minimum width of 1.5m is required.

§                         The Human Rights and Equal Opportunity Commission is the body responsible for administering the DDA.  It has issued an Advisory Note on Access to Premises which adopts the content of Australian Standards 1428 Parts 1 and 2.  It states that where it is not possible for a continuous accessible path of travel to be 1.8m wide, then the frequency of passing spaces should be considered in the context of a location and purpose of the path.

§                         We consider the location and purpose of the path to be considerations that any court assessing a claim under the DDA would treat as fundamental. 

§                         The location of the paths are in public streets maintained by Council at the expense of ratepayers residing in the municipality for public use and benefit.  The purpose of the paths are to enable access to shopping and other public facilities/venues, as well as private housing.  If proper access paths are not provided it would impede the ability of disabled persons to perform basic functions of shopping, attending public facilities, going home or visiting friends.  These are basic human rights to which the DDA is directed.

§                         In our view encroachments on the accessible path of travel by commercial trading activities are unlikely to be tolerated by a court determining a case under the DDA.  For Council to tolerate such encroachments would, in our view, expose it to a high risk of a matter being successfully litigated.  We advise that footpath widths should be 1.8m wherever possible, and not less than 1.5m with passing spaces at intervals of not more than 6m, as recommended by Australian Standards.

§                         Part of the continuous accessible path of travel is having a guidance line on which a visually impaired person can rely to guide them along the path of travel.

§                         Although the issue was not finally determined, in DAIS v Stonnington Council (16 January 1998) the Victorian Civil and Administrative Tribunal (Tribunal) indicated its strong view that where the failure to provide a guidance line may force a visually impaired person to lose their straight line, become disoriented or lose direction, and risk injury, then this is unlikely to be unreasonable and in breach of anti-discrimination legislation.  It stated that tactile indicators were not an entirely satisfactory alternative as they may be of little use to  the elderly.

§                         In our view the building line is the only appropriate guidance line on Council footpaths.  To use the footpath line is unsatisfactory in that it has encroachments by signs, parking meters, fire hydrants and the like.  This is likely to cause the disorientation and potential for serious injury identified in the Stonnington case.

 

  

Footpath Trading Policy

 

 

12 August 2003

 

(As Amended at the Council Meeting)

 

  

(Last Modified 22nd August 2003)

 

  


Table of Contents

 

Clause

Items

Page Number

 

Key Background Information……………………………………

1

 

PART A – FOOTPATH ZONES

2

1.0

Footpaths of a width greater than 4 metres ……………...

2

2.0

Footpaths of a width of 3.5 to 4 metres………………………

2

3.0

Footpaths of a width of 2.5 to 3.4 metres………………………

3

4.0

Footpaths of a width of less than 2.5 metres………………….

3

 

PART B OUTDOOR DINING

4

5.0 to 5.13

Conditions of outdoor dining……………………………………

4

 

PART C GOODS/ANCILLARY ITEMS ON THE FOOTPATH

6

6.0

Goods……………………………………………………………...

6

7.0

Signs……………………………………………………………….

6

8.0

Ancillary Items (umbrellas, enclosures, heaters, pot plants etc)…………………………………………………………………

 

7

9.0

Outdoor speakers / amplification Equipment…………………

7

10.0

Noise Emission…………………………………………………...

7

11.0

Heaters  …………………………………………………………..

8

12.0

Umbrellas………………………………………………………….

8

13.0

Barrier Screens…………………………………………………

8

14.0

Temporary Canvas Barriers…………………………………

9

15.0

High Barrier Screens (fitted by a lock in device to the footpath)…………………………………………………………...

 

9

16.0

Full Length Awnings / Blinds……………………………………

10

17.0

Planter Boxes……………………………………………………

10

18.0

Ancillary items (owned by business remaining on the footpath on a semi permanent basis…………………………

 

10

19.0

Painting lines or placing markers in the footpaths in the business precinct s to clearly indicate the footpath – trading zone………………………………………………………………..

 

 

10

20.0

Bike Racks/ heritage benches and other permanent fixtures on the footpath……………………………………………………

 

10

 

PART D ENFORCEMENT OF FOOTPATH TRADING POLICY

12

21.0 to 21.5

Enforcement Guidelines…………………………………………

12

 

PART E ADMINISTRATION

13

22.0

Street Cleaning………………………………………………...

13

23.0

Service Authority Works and Special Events…………………

13

24.0

Public Liability Insurance and Indemnity………………………

13

25.0

Applying for a licence…………………………………………….

13

26.0

Decision Making………………………………………………….

14

27.0

Licence Fee and Period of Licence…………………………….

15

           

 

 

 

 

 

 

 


 

Key Background Information

 

 

 

Council aims to provide a safe environment for people who move through the City. Part of this responsibility requires Council to provide a clear path for all people to move along footpaths.

 

Council also has legal responsibility for the regulation of trading activities in public places.

 

However, pedestrian safety is the primary purpose of footpaths, not trading.  Council’s Footpath Trading Policy has been developed with this distinction in mind.

 

The essential key to an effective accessible pedestrian system throughout shopping precincts is the development and maintenance of a continuous accessible path of travel.  This should extend out from the building line to provide a consistent footpath environment inclusive of the needs of all of the community, including older persons or people with disabilities.  In order to achieve this, any street furniture, signs, trader’s activities or displays should be located towards the kerb side, not along the building line.

 

Having regard to Council’s responsibilities and feedback received, the following guiding principles have been used in developing the attached policy: 

 

 

Guiding Principles-  Footpath Trading Policy (in order)

 

 

(a)         Council aims to provide a clear, safe and unobstructed access at all times for pedestrians of all abilities on Yarra’s footpaths in accordance with Council’s statutory responsibilities.

 

(b)         Footpath activity must make a positive contribution to the urban character and amenity of the area and surrounding residential areas.

 

(c)         There needs to be a simple user friendly policy for traders.

 

(d)    Council supports the long term viability and sustainability of retail strips.

 


Part A

 

Footpath Zones

 

Council has a series of categories for trading based on the width of footpaths.

 

1.0     Footpaths of a width greater than 4 metres

 

In order to provide a clear and consistently unobstructed footway for pedestrian access, the footpath is divided into three zones.

 

1.1       The Walkway Zone: extends from the building line or shopfront of premises for a minimum of 1.8 metres. No items may extend into this zone at any time.

 

1.2       The Trading Activity Zone: the only area of the footpath where goods, cafι furniture and ancillary items, subject to this policy, may be placed.  Where premises are adjacent to an intersection the trading activity zone must not extend past the building line.

 

1.3       The Kerbside Zone: a 0.7 metre buffer from the kerb to allow for access to and from parked vehicles.  Where there is a disabled parking bay the setback from the kerb will be at least 1.5 metres.  Where there is a loading zone the setback from the kerb will be at least 0.7 metres.

 

1.4       No items may be placed in either the Walkway Zone or the Kerbside Zone.  

 

 

2.0     Footpaths of width of 3.5 - 4 metres

 

In order to provide a clear and consistently unobstructed footway for pedestrian access, the footpath is divided into three zones.

 

2.1       The Walkway Zone: extends from the building line or shopfront of premises for a minimum of 1.8 metres. No items may extend into this zone at any time

 

2.2       The Trading Activity Zone: the only area of the footpath where goods, cafι furniture and ancillary items, subject to this policy, may be placed.  Where premises are adjacent to an intersection the trading activity zone must not extend past the building line.

 

2.3       The Kerbside Zone: a 0.4 metre buffer from the kerb to allow for access to and from parked vehicles.  Where there is a disabled parking bay the setback from the kerb will be at least 1.5 metres.  Where there is a loading zone the setback from the kerb will be at least 0.7 metres.

 

2.4       No items may be placed in either the Walkway Zone or the Kerbside Zone.  

 


 

3.0     Footpaths of width of 2.5 to 3.4 metres

 

In order to provide a clear and consistently unobstructed footway for pedestrian access, the footpath is divided into three zones.

 

3.1       The Walkway Zone: extends from the building line or shopfront of premises for a minimum of 1.5 metres.  No items may extend into this zone at any time.

 

3.2       The Trading Activity Zone: the only area of the footpath where goods, cafι furniture and ancillary items, subject to this policy, may be placed.  Where premises are adjacent to an intersection the trading activity zone must not extend past the building line.

 

3.3       The Kerbside Zone: a minimum of 0.4 metre buffer from the kerb to allow for access to and from parked vehicles.  Where there is a disabled parking bay the setback from the kerb will be at least 1.5 metres.  Where there is a loading zone the setback from the kerb will be at least 0.70 metres.

 

3.4       No items may be placed in either the Walkway Zone or the Kerbside Zone.  

 

 

4.0       Footpaths of width of less than 2.5 metres

 

4.1       In order to facilitate a clear and consistently unobstructed footway for pedestrian access, footpaths of less than 2.5 metres cannot be used for street trading.


Part B

 

Outdoor Dining

 

5.0       Cafι furniture and associated ancillary items will only be permitted at premises, which are registered as such under the Food Act 1984 to serve food and/or beverages

 

5.1       A set back of 0.5 metres is required from each side boundary of a premise to ensure access points from the footpath to the road are retained between each premise.

 

5.2       The licensee is responsible for the conduct of patrons at tables and chairs in the outdoor seating area and must;

 

5.2.1    ensure that patrons do not move tables and chairs from their positions and obstruct the footpath;

5.2.2    ensure that patrons do not allow pets, prams or any other personal items to obstruct the footpath and

5.2.3    Serving of food and beverages to patrons standing on the footpath is not permitted, except for take away sales.

 

5.3       An Authorised Officer may place a condition on a licence requiring a licence holder to place written reminders to patrons in the outdoor seating area, regarding the above, if deemed appropriate by an Authorised Officer.

 

5.4       A trader must supply each table outside with a wind-proof ashtray at all times. Traders are responsible for cigarette ash, butts and any other litter generated by patrons of their footpath dining areas.

 

5.5       Serving staff at cafes with kerbside trading/serving should facilitate free access by pedestrians and give pedestrians (prams, disabled, etc) passing priority over their own movements into and out of cafes.

 

5.6       Each operator is responsible for maintaining the outdoor seating area in a tidy manner.  A licence may be cancelled or suspended if instances of littering or ongoing untidiness are noted.

 

5.7       Items which are placed on the footpath must be stable and of good design and are not able to damage the footpath.

 

5.8       Tables and chairs should have a contrasting colour to their background to assist the vision impaired.

 

5.9       Traders will be responsible for reimbursing Council for any reinstatement works as a result of damage to footpaths caused by chairs/tables etc.

 

5.10     Tables and chairs may only be displayed outside the premises to which they relate and must be contained within the property line, with the required setback from the property line of 0.5 metres on each side to allow for access.   Permission may be granted to extend the placement of tables and chairs to one adjacent premise, however, there must still be a 0.5 metre setback from each property line. Any application must be accompanied by written permission from the proprietor of that business which fronts the footpath on which the items are intended to be placed.  In this instance public liability insurance (in accordance with section E of the policy) must extended to include this situation of risk.

 

5.11     Footpath trading will only be permitted till 11pm unless, in the opinion of the Authorised Officer, the amenity, safety or access of nearby residences will not be affected.

 

5.12     Any premises that propose to serve alcohol on the footpath must have their liquor licence endorsed as part of the “licensed area” on the liquor licence for that premise. 

 

5.13     An Authorised Officer reserves the right to prohibit chairs backing on to the walkway zone.

 


 

Part C

 

Goods/ Ancillary items on the Footpath

 

6.0 Goods

 

6.1       In order to provide a consistent, unobstructed walkway, goods displays may only be displayed in the Trading Activity Zone (as detailed earlier in the policy) of the footpath.

 

6.2       Goods and goods stands must only be placed on the footpath during the normal hours of trade.

 

6.3       Goods (except furniture) must be displayed on stable stands approved by an Authorised Officer.  Goods must be displayed on stable stands that are able to withstand adverse weather conditions.  Stands must be secured in a manner which ensures that adverse weather conditions will not create a risk for pedestrians, property and passing traffic. Stands must not cause any damage to the footpath.

 

6.4       Goods displays will not be permitted where access to a loading zone or disabled parking bay will be impeded. 

 

6.5       Goods displays will not be permitted where they will cause difficulty to pedestrians and people exiting or accessing parked vehicles or the footpath. It is recognised that the opportunity exists for Council officers to work with traders to identify opportunities for street trading at sites where conditions of this nature exist.

 

6.6       Goods displays will not be allowed to exceed a height of 1.5 metres and a length/ width of 0.75 metres.

 

6.7       Goods should have a contrasting colour to their background to assist the vision impaired.

 

6.8       Goods displays will not be permitted to overhang either the kerb or walkway.  Full-length shop awnings to protect goods may only be installed with an approved planning permit. 

 

 

7.0       Signs

 

7.1       All permitted signs are to be secured in place by a means that is not reliant on, or physically tied to any Council infrastructure. The means by which these signs are to be secured must not extend beyond the circumference of the permitted sign and must be to the satisfaction of an Authorised Officer.  Any securing device is to be removed with the sign in accordance with permitted display timeframes.

 

7.2       Inflatable signs, portable electric signs, illuminated, revolving, spinning or flashing signs, flags and banners are prohibited from the footpath.

 

7.3       Signs must only be placed on the footpath during the normal hours of trade.

 

7.4       Signs must not be placed on roundabouts.

 

7.5       Signs may not be tied to poles or trees or any other street fixture, must only be on the footpath while a business is open and must only be outside the premises to which they relate.

 

7.6       Permission may be granted to allow the placement of an advertising sign outside a premises not occupied by the applicant.  Any application must be accompanied by written permission from the proprietor of that business which fronts the footpath on which the items are intended to be placed.  In this instance public liability insurance (in accordance with Section E of the policy) must be extended to include this situation of risk.

 

7.7       Advertising signs, goods, chairs and tables should have a contrasting colour to their background to assist the vision impaired.

 

7.8       An advertising sign must not exceed 0.6 metres in width or 0.9 metres in height.  A three year moratorium will be provided for currently licensed signs, which exceed the height requirements.

 

7.9       The maximum number of signs permitted per premises is two (2).

 

 

8.0       Ancillary items (umbrellas, enclosures, heaters and pot plants)

 

8.1       Unless authorised by an Authorised Officer, ancillary items will be allowed only in conjunction with cafι furniture, only for premises that are registered to serve food and/or beverages under the Food Act 1984.

 

 

9.0       Outdoor Speakers/Amplification equipment

 

9.1       No sound amplification equipment or jukeboxes may be utilised in the outdoor seating area to ensure that the nuisance is minimised and to protect the amenity of the area. 

 

9.2       Speakers that owners propose to affix to a building or veranda will require a planning permit.  Where these items are fitted without permission, an Authorised Officer will require the items to be removed.

 

9.3       No live entertainment is permitted without the written permission of the Authorised Officer.

 

 

10.0     Noise Emission

 

10.1     The licensee of kerbside seating must take all necessary steps to ensure that no noise or other disturbance emanates from the kerbside activity which causes a nuisance to others or causes detriment to the amenity of the neighbourhood in the opinion of the Authorised Officer.


 

11.0     Heaters

 

11.1     Due to narrow footpath widths, outdoor heaters should be affixed to the awnings or verandas so as to be located off the footpath.  A planning permit is required to undertake this activity. 

 

11.2     If patio heaters, which have a base on the footpath, are to be used they must be licensed as part of a permit and covered by traders’ public liability insurance.  Conditions recommended by the Australian Gas Office, will apply to any approval to place heaters on the footpath.

 

 

12.0     Umbrellas

 

12.1     Umbrellas may only be placed in the Trading Activities Zone.

 

12.2     Where umbrellas are allowed they must be 2.2 metres high at the lowest point and must not protrude over the kerb. At times when it is raining water from large umbrellas should be discharged in the areas outside pedestrians walking path.

 

12.3     Umbrellas may be secured to the footpath by a lock-in device.  Lock in devices will only be approved where the device lies flush with the footpath when the umbrellas are not displayed.   Approval for a lock-in device will be will be given upon special application to Council’s Community Amenity Unit.  Plans and specifications of the items will be required to be lodged with Council prior to any umbrella being placed with a lock-in device. If a lock in device is fitted without prior Council approval,  an Authorised Officer may require that the lock-in device is removed and the footpath is reinstated to its original condition. 

 

12.4     Where a lock- in device is not used, umbrellas must be secured to the satisfaction of an Authorised Officer.

 

 

13.0     Barrier Screens

 

13.1     Screens or screening devices must be placed where there are tables and chairs for safety reasons.  

 

13.2     There are several types of screens approved by Council:

 

13.2.1     temporary Canvas Coffee Screens – of the type commonly provided by coffee companies;

13.2.2     high Barrier Screens – made of safety glass or heavy duty plastic and fitted to the footpath with a locking device and

13.2.3     full-length awnings/blinds attached from veranda to the footpath  – require a planning permit, most appropriate for protection of perishable goods displays such as fruit or flowers.

 


 

14.0     Temporary Canvas Barriers 

 

14.1     May only be placed in the Trading Activity Zone.  A set back of 0.5 metres is required from each property boundary to ensure a 1 metre access point between premises.   Temporary canvas barrier screens must be placed so that the screens are stable and secured or weighted so that they will not be moved by patrons or weather conditions. Barriers must be removed from the footpath when a premise is not open.  The signs should not be used for excess advertising other than for identification purposes.

 

 

15.0     High Barrier Screen (fitted by lock in device to the footpath)

 

15.1     Operators must gain special approval by application to Council’s Community Amenity Unit.  Council’s City Infrastructure Branch will need to provide approval for all structures in relation to their safety and impact on Council assets before they will be considered for approval in relation to aspects of the Footpath Trading Policy.

 

15.2     Guidelines for specifications will be available upon request.  These screens must be fitted to the footpath with a lock-in device, but be removable if required and have side portions that fold back or are removable.  Side portions must be removed during non-trading hours to facilitate street cleaning vehicles. 

 

15.3     A set back of 0.5 metres is required from each property boundary to ensure a 1-metre access point between premises.  This will apply even if there is currently no food premises adjacent, to avoid the need to reposition the lock-in device in the event that another food premises opens next door.

 

15.4     High barrier screens must be at least 1.5 metres in height, be transparent and constructed of safety glass or heavy-duty plastic.  Each screen must have writing or symbols between 1 and 1.5 metres from the footpath to provide a visual guide to pedestrians.

 

15.5     High barrier screens must not be used as an opportunity for advertising.  Only the name of the business or an appropriate design may be used on the screens.  Products, specials or sales may not be displayed on the screens.

 

15.6     If a lock in device is fitted without prior Council approval and required specifications are not met, an Authorised Officer will require that the lock-in device is removed and the footpath is reinstated to its original condition.  If a premises changes hands, and the future operator will not be using the screens, the current owner is responsible for reinstating the footpath to its original condition, to the satisfaction of the an Authorised Officer prior to vacating the premises.

 

15.7     Any permit for a structure on the corner (intersection) must comply with the building regulations - not higher than 1.2m within 9m from building line and should be assessed by traffic engineers to ensure that it will not cause any safety concerns.

 

 

16.0     Full length Awnings/Blinds

 

16.1     Should be fitted in accordance with direction and approval from Council’s Urban Planning Branch.

 

 

17.0     Planter Boxes

 

17.1     Planter boxes will only be allowed in the Trading Activities Zone. 

 

17.2     Planter Boxes must provide a positive contribution to the visual amenity of the street.  Permits that allow planter boxes require that they be well maintained with healthy plants.  If this is not adhered to permission for the planter boxes will be revoked and the planter boxes will be removed.

 

17.3     Permission may be given for:

 

17.3.1     Temporary Planters - must be brought in during non-trading hours.

17.3.2     Permanent Planters – must be of solid design.

 

17.4     Permanent planters, unless express written permission is provided by an Authorised Officer, may not be used as enclosures unless the outdoor seating area is located on a kerbed outstand and must be placed so as to cause no obstruction to street cleaning vehicles.

 

18.0     Ancillary items, owned by business remaining on the footpath on a semi permanent basis.

 

18.1     Semi permanent cafι furniture that is fixed with lock in devices will be allowed subject to Authorised Officer approval.

 

18.2     Lock-in Screen and Umbrellas –  plans and specifications to be lodged with Council’s Community Amenity Unit.  Guidelines outlining requirements will be available upon request.

 

 

19.0     Painting lines or placing markers in the footpaths in the business precincts to clearly indicate the footpath-trading zone.

 

19.1     Council reserves the right to place markers along the footpath when deemed necessary to ensure appropriate minimum pedestrian corridor is maintained at all times.  Premises that breach the minimum required clearance may have the footpath marked as part of enforcement action.

 

 

20.0     Bike racks heritage benches and other permanent fixtures on the footpath.

 

20.1     Bike racks, benches, bins, pedestrian crossings, fire hydrants and other emergency assets, parking meters, traffic signal boxes, public transport shelters and other permanent fixtures placed on the footpath are public assets and have priority over commercial interests.  A minimum clearance of 0.5 metres, or higher if deemed appropriate by an Authorised Officer, will be required on either side of any asset permanently affixed to the footpath.   Failure to maintain this clearance will constitute a serious breach of licence and will result in significant fines and possible cancellation of licence.

 

20.2     As a general rule, rubbish bins and parking meters will not be relocated at the request of traders under any circumstance.  Traders should take this into account when selecting a site.

 

20.3     Operators may apply to Council to relocate other Council maintained fixtures such as bike racks and benches. A request in writing must be submitted with the application for a footpath trading licence. 

 

20.4     The request must include a plan showing the site of the proposed relocation and a letter signed by the trader outside whose premises the rack or bench will be relocated.  Council will charge traders for the cost of relocation of public assets. 

 


 

Part D

 

Enforcement of Footpath Trading Policy

 

21.0     Upon detection of a breach of the local law, Footpath Trading Policy or a specific licence condition, an Authorised Officer will take the following action:

 

21.0.1     written Notice to Comply Issued – a first and final warning with time limit for compliance.

21.0.2     infringement Notice of $200.00 issued – a fine for non-compliance with the above notice.

21.0.3     further fines or licence suspended for a minimum period of three months and/ or Prosecution.

 

21.1     An Authorised Officer may also impound any items that are placed on the footpath that do not comply with Local Laws, this Policy and any conditions placed on a Licence.

 

21.2     Incidents of non-compliance will be noted on a traders file and will be taken into consideration in delivering an appropriate penalty at a later date should further incidents of non-compliance be noted. 

 

21.3     Second and subsequent fines will be issued without additional warning for further acts of non-compliance.

 

21.4     Incidents of non-compliance will be taken into consideration when requests to vary or add to a licence are considered for approval.

 

21.5     Traders will be required to sign a form acknowledging that they understand the enforcement protocol and its implications before they are issued with a licence each year.

 

 


PART E

 

ADMINISTRATION

 

22.0     Street Cleaning

 

22.1     All tables, chairs, goods displays, A frame signs and ancillary items (except those with approval to be left out permanently or after 11:00pm) must be removed and the footpath kept clear to facilitate cleansing between 11:00 p.m. and 8:00 am the following day.

 

 

23.0     Service Authority Works and Special Events

 

23.1     Sometimes service authorities or Council will require the use of a site to undertake works.  When this, or any parade, festival or special event is scheduled, it will be normal practice to give at least seven days notice in advance.  In an emergency, sites may need to be cleared immediately.  Licensees will be responsible for the movement of all items and any associated costs.

 

 

24        Public Liability Insurance and Indemnity

 

24.1     A licence will not be issued unless the Applicant indemnifies Council against any suit, action, proceeding, judgement, claim, demand, cost, expense, loss or damage for which Council becomes or may become liable in relation to the death or injury to any person or the damage to any property caused by a display authorised by a licence.

 

24.2     The licensee must maintain a public liability policy of insurance, noting the interests of Council, for an amount of not less than $5 million.  The policy must be able to meet any possible claim which may be sustained against the licensee or Council in relation to the death or injury to any person or the damage to any property arising out of the display authorised by the Licence Agreement.

 

 

25.0     Applying for a licence

 

25.1     To obtain a licence, applicants need to:

 

25.1.1     complete and sign the application and licence agreement (Public Space Licence Agreement);

 

25.1.2     provide a site plan that shows dimensions of proposed kerbside cafι, goods display etc and

 

25.1.3     indicate setbacks from shop frontage, kerb and site boundaries and any existing elements, for example, tree, light pole, rubbish bin, public transport shelters, etc.

 

25.1.4     Provide a Certificate of Currency in relation to a public liability policy of insurance, insuring against liability for the death of or injury to any person or damage to any property arising out of the display that will be authorised by the licence which lists;

             

1.            ‘Yarra City Council’ as an interested party

2.            A minimum of $5 million in public liability

3.            The insured (including situation of risk)

4.            The Company insuring you

5.            Expiry Date

6.            Policy Number

 

 

25.1.5     Forward the prescribed application and licence fees (payable to “Yarra City Council”); and

25.1.6     Deliver the application form together with the above information and fee to:

 

Community Amenity Office

City of Yarra

P.O. Box 168

Richmond VIC 3121

 

 

26.0     Decision Making

 

26.1     Local conditions will influence where items may be placed.  An Authorised Officer cannot licence activity where it would compromise pedestrian or traffic safety or cause detriment to the amenity of the area.  Relevant local conditions include the width of the footpath, proximity to major roads, loading zones, clearways, trees, angle parking,  the number of pedestrians at particular times of day and the location of residences.

 

26.2     An Authorised Officer has the right to consent to an application as submitted or with modifications and with or without conditions as set out in the licence agreement.

 

26.3     An Authorised Officer has the right to reject an application, modify the conditions of an existing licence or withdraw a licence if:

 

26.3.1  the sight of pedestrians crossing at an intersection or crossing is interfered with so as to obscure oncoming traffic;

 

26.3.2  the sight of the driver of a vehicle is interfered with so as to not properly see pedestrians, signals or signs;

 

26.3.3 licence requirements have not been met and there is continuing failure to comply with directions;

 

26.3.4 the licensee fails to maintain public liability insurance; and

 

26.3.5 under any other circumstances that the Authorised Officer believes will create a safety hazard to pedestrians, motorists or cyclists or cause detriment to the amenity of the area.

 

26.4     Before a licence is granted for the first time, or after a change of business use, a public notification will be prominently displayed for two weeks before the licence is granted to allow for public submissions. 

 

 

27.0     Licence Fee and Period of Licence

 

27.1     The applicable fees are shown below and may vary from year to year as determined by Council resolution.

 

 

Licence Fee

Fee for Advertising Sign

 

$64.00

Fee for Goods Display

 

$203.50

Planter Box/Tubs (excl. of tables & chairs)

 

No Charge

Tables & Chairs

 

- licensed premises

$176.00 per table

- unlicensed premises

First table – no charge

Second table - $60.50

Subsequent tables $118.00

 

27.2     Unless otherwise specified on the licence, a licence will expire 12 months from the date of issue, except in those instances when it is withdrawn by an Authorised Officer prior to the expiry date.

 

27.3     If an application is refused, the licence fee less $50 administration costs may be refunded.

 

27.4     Upon written request and notification of cessation of use, pro-rata refunds will apply (less administration fee).

 

27.5     Licences are not transferable.  A new licence must be obtained if the proprietorship of a business changes.

 

27.6     A licence expires if the licensee ceases to maintain public liability insurance.