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Footpath Trading

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 a legal responsibility for the regulation of trading activities in public places.
Council is committed to ensuring access for people to move along footpaths with good access and as a minimum, to meet the requirements of the Commonwealth Disability Discrimination Act (1992).

A Public Space Licence Agreement is required if you wish to place tables and chairs, an advertising sign, display goods, planter boxes, umbrellas, screens or promotional items on the footpath.

This permit is required under Council’s Footpath Trading Policy and under Council’s Road and Council Land Local Law No 2, Part F.

Permit Conditions
There are a number of conditions that must be met when applying to place items on the footpath.  These include, but are not limited to:

• No items are permitted on the building line of your property.  This area is a designated walkway zone.  All items must be placed towards the kerbside in the designated trading zone.  Further information regarding walkway, trading and kerbside zones can be found in Council’s Footpath Trading Policy (see link below).
• Placement of items must follow the guidelines supplied with the permit.
• Access to other businesses or services must not be blocked.  A .5 metre clearance area must be maintained on either side of your business to allow clear access for pedestrians.
• Any structures must be safe and have an acceptable appearance.
• Councils’ public seats must not be blocked or obstructed.
• No touting, spruiking or soliciting is allowed.

An authorised officer can remove or impound any goods or structures that do not meet these requirements. 

Please read Council’s Footpath Trading Policy for all conditions associated with applying for a Public Space Licence Agreement.

Footpath zones
Walkways must extend out from the building line and provide a safe, clear and consistent pathway to meet the needs of a range of users including parents with prams, pet owners and people of all ages and abilities.  In order to achieve this, any street furniture, signs, trader’s activities or displays should be placed towards the kerbside, not along the property line.
In order to provide a clear and suitably unobstructed footway for pedestrian access, there are three main functions of each footpath - the Walkway Zone, the Trading Activity Zone and the Kerbside Zone. The size of these zones will vary depending on the width of the footpath.

Walkway Zone: extends from the property line to allow suitable passage by footpath users.  This area of the footpath must be kept free from any items or structures at all times. 

Trading Activity Zone:  this is the only area of the footpath where the placement of goods, café furniture and ancillary items may be authorised. 

Kerbside Zone: a minimum buffer of clear footpath must be provided from the kerb to allow for access to and from parked vehicles, including loading zones.  Where there is a disabled parking bay, the setback from the kerb will need to be greater.  This area of the footpath must be kept free from any items or structures at all times. 

How do I identify the various footpath “zones”?

How to Prepare your Application
Follow the steps below to prepare your application for a Public Space Licence Agreement:

• Download a copy of the PDF Form from the application form link below.
• Arrange public liability insurance (in the form of a Certificate of Currency) for $10 million and detailing coverage that extends to all items placed on footpath in accordance with Council’s Footpath Trading Policy.
• Submit a site plan detailing all items to be placed on the footpath, including the dimensions of the items and any Council infrastructure, such as bins, benches, poles, parking signs, etc.
• Sign the declaration on the application form.

How to lodge your Application
You may lodge your application by mail, in person, by fax or email. To send it by mail, place the signed application form, a copy of your public liability policy and the site plan in an envelope. Post it to City of Yarra PO Box 168 RICHMOND   VIC   3121.

If you wish to lodge your Application in person, bring the items listed above to the Richmond Town Hall, 333 Bridge Road, Richmond or the Collingwood Town Hall, 140 Hoddle Street, Abbotsford.

If you wish to lodge your Application by fax, please fax to (03) 8417 6666.

If you wish to lodge your Application by email, please send info@yarracity.vic.gov.au

Application Approval
Before a licence is granted for the first time or if an amendment is sought to an approved plan or condition of a licence a public notice must be prominently displayed for 14 days before Council makes a decision in respect of the licence or amendment to allow for public submissions.

Once this requirement has been completed and no public submissions received, you must forward Council a signed statutory declaration stating you have completed the 14 day advertising period.  Once Council has received your statutory declaration, an invoice will be forwarded to you.  As soon as you pay the required fee on your invoice, you may place your approved items on the footpath.  Council will then send you your Public Space Licence and sticker.

An 'Existing' Permit holder- the permit must be renewed by the 30 September each year.  Renewals will be sent to you prior to this date.  Ensure you submit your signed renewal and a renewed copy of your public liability insurance with your application.

A 'New' Application for a Permit:  please refer to the above instructions on 'How to lodge your application'.

Need More Information?
For more information, contact the Community Amenity Unit on 9205 5063.

Forms and Guides
Relevant PDF forms and council compliance guides for Public Space Licence Agreement may be accessed below.

• Guide and
• Application form

Footpath Trading Documents

New Footpath Trading Policy (Word file) (PDF)
Footpath Disability Access Requirement - legal advice (PDF) (Word file)
Roads & Council Land Local Law , No. 2 of 2002 (PDF) (Word file)
Footpath Trading Site Plan (PDF)

Further information

Links

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