Conditions for the Display of Moveable Articles
on Council Land within the City of Bayside
 

    The purpose of this document is: 

(i) To advise prospective applicants of the conditions under which such permits will be granted; 

(ii) To ensure that Goods, Moveable Advertising Signs and Tables and Chairs located on Council Land will nor cause injury or
      obstruction to any person; 

(iii) To ensure amenity and good order of the municipality of Bayside is maintained.

    Pursuant to Part 7 of Council’s Local Law No. 3 ‘Streets and Roads’, the conditions that follow shall apply to the issue of permits for the display of Moveable Advertising Signs, Goods and Tables & Chairs on Council Land throughout the municipality of Bayside. 

 

    1. Applications 

(a) Applications must be submitted to Council on the prescribed form and be lodged with the applicable fee and any other information
      required;
                    (b) No Moveable Advertising Sign, Goods or Tables & Chairs may be placed or displayed on any Council Land without first obtaining a permit from the Council, and any such placement must be in accordance with the conditions of such permit. 
 

    2. Permit Conditions 

(a) Every applicant for a permit shall have and maintain, for the term of any permit issued, public liability assurance cover of not less 
     than five million dollars; 

(b) The Council will set permit fees annually; 

(c) Permit labels must be displayed at all times on the front windows of the premises to which they pertain; 

(d) If a permit is revoked it will not be re-issued within one year of the date of revocation. The process for revocation will be:
 

(i) A Notice to Comply will be issued advising the permit holder of any breach of permit conditions and direct him/her to
    rectify the breach within a specified period of time; 

(ii) If the permit holder fails to comply with the Notice to Comply or commits a second breach of permit conditions within
     the duration of the permit, the permit will be revoked and an infringement notice or summons issued.
 

(e) No refund of any part of the fee paid shall be refunded for any reason whatsoever. 

(f) A permit issued in the name of the responsible occupier, proprietor or registered business may be transferred to another occupier,
     proprietor or registered business upon change of ownership and notification to the council; 

(g) Application will only be accepted from the actual occupier, proprietor or registered business proposing to display the items for which
     the permit is sought; 

(h) The term "single width shop frontage" means a shop frontage up to approximately 6 metres and participating double or triple fronted
     premises will be required to pay an additional amount. That amount will be calculated by multiplying the usual fee by the number of
     single width frontages contained within the street abuttal of the premises proposed; 

(i) The conditions apply at all times other than where Council has given specific approval for a "street market" type day to be conducted
     within a shopping centre on a nominated date(s);

                    (j)  Permits are issued for a maximum period of one year and expire on the following 1st June. 
 
      3.  Moveable Advertising Signs 

           (a)  An annual permit fee of $50.00 per sign shall apply to the display of each moveable advertising sign on Council Land where permitted. 
                 A limit of one sign per shop frontage unless an exemption is granted in accordance with part 7; 
           (b)  Each sign shall be contained within 900 mm of the building line and must be positioned directly in front of the premises to which they 
                 pertain, unless an exemption is granted in accordance with Part 7; 
           (c)  No sign shall interfere with the safe passage or vision of vehicular traffic or safe passage of pedestrians; 
           (d)  All signs must be secured to the ground be a 10 kg weight or an alternative method approved by Council’s Manager, Amenity; 
           (e)  Moveable Advertising Signs must be constructed and displayed in such a manner as to prevent movement by wind and shall be 
                 constructed of approved materials; 
           (f)  Portable electric, illuminated or flashing signs and revolving or spinning signs are not permitted; 
           (g)  No sign shall exceed 900 mm in width and/or 1.2 metres in height. 
 

     4. Display of goods 

           (a)  Displays of goods are permitted only directly in front of the premises to which the permit has been issued 
           (b)  A permit for the display of goods does not permit the display of certain food items in circumstances that may contravene Health and/or 
                 Food legislation. Council’s Environmental Health Section can advise applicants of those items permitted for display; 
           (c)  No undue obstruction, hazard or inconvenience to pedestrians using the footway and/or shop entrance concerned; 
           (d)  Displays of goods must not extend further than 900 mm from the property line of the premises to which the permit has been issued; 
           (e)  An annual fee of $150.00 for the permit period shall apply for each permit granted for the display of goods outside a single width shop 
                 frontage. 
 

     5. Tables & Chairs on Council Land 

     Applications must be accompanied by three copies of plans drawn to scale indicating the tables and chairs on the footpath and the statutory fee. 

     A submission indicating hours of operation and whether liquor licence has been sought for this area plus details of planter boxes and umbrellas etc. must also be included. 

     Council has a policy for outdoor eating facilities, which identifies the following principal requirements: 

         (a)  A minimum of 2 metres of clear and unobstructed footway shall be maintained at all times; 
         (b)  Where a footpath is of sufficient width, Council may allow such facilities to be located adjacent to the kerb line, provided the 2-metre 
               clearance is complied with, and located: 

    • At least 1.0 m from the kerb line for adjacent parallel parking. 
    • At least 0.5 m from the kerb line for adjacent 60° or 90° parking. 
    • Al least 0.3 m from any street fixture or fitting. 
    In addition, the following conditions will apply to the issuing of the Local Law permit: 

        (a)  Any umbrellas used in conjunction with any tables and chairs shall be securely fixed to prevent dislodgement by wind or other causes; 
        (b)  An application and/or Local Law permit must not be inconsistent with any requirement of the relevant Planning permit; 
        (c)  Tables, chairs, umbrellas and surrounds shall be maintained in a clean and sanitary condition by the permit holders at all times; 
        (d)  Permits for the placement of tables and chairs will not be granted where the same premises holds a current permit for the display of goods on Council Land; 
        (e)  A permit fee of $150.00 per table and up to 4 chairs for the permit period shall apply to tables and chairs on Council Land where permitted. 
 

    6. General Conditions 

       (a)  It is the responsibility of the permit holder to ensure that no refuse is emitted from or remains after the removal of any display of Moveable 
             Advertising Signs or Goods or the placement of Tables & Chairs on Council Land; 
       (b)  All Moveable Advertising Signs, Goods and Tables & Chairs must be removed from Council Land when the business to which they pertain is closed; 
       (c)  No Moveable Advertising Signs, Goods or Tables & Chairs may be placed on any road or road reservation other than a footway, without the written permission of Council’s Manager, Amenity. 
       (d)  The Council may from time to time vary the conditions for the issue of permits for the display of Moveable Advertising Signs, Goods or 
             Tables & Chairs on Council Land within the municipality; 
       (e)  The liability for public risk concerning the display of Moveable Advertising Signs, Goods or Tables & Chairs on Council Land shall be, and remain to be for the duration of any permit issued, the responsibility of the person displaying the Moveable Advertising Sign, Goods or Tables
             & Chairs on Council Land and appropriate Public Risk Insurance shall be held by that person for the duration of any permit issued; 
       (f)  An Indemnity or Guarantee in the prescribed form (Schedule 15, attached) shall be submitted to Council prior to the granting of any permit  concerning Moveable Advertising Signs, Goods or Tables & Chairs. 
 

    7. Variations of Conditions 

       (a)  Permit conditions may only be varied on the approval in writing of Council’s Manager Amenity; 
       (b)  Where a variation to permit conditions is granted, the permit shall be endorsed "Special Condition" and details of the variation detailed. 
             The signature of Council’s Manager, Amenity, shall be in place immediately following the details of such variation. The variations will also 
             be recorded on the permit file of Council’s Regulatory Services Section. 
       (c)  Variations to permit conditions will only be granted in extraordinary circumstances and where public safety and general amenity are not 
             compromised.

 
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