A Person must not, unless in accordance with this Local Law or with a Permit, place or cause to be placed on any Road or Council Land:

35.1. Any mobile waste bin, Council approved waste bin, trade waste hopper, builder’s refuse container, skip bin, bulk waste container or other waste container; or

35.2. Any waste materials of any nature, including domestic waste, green waste and recyclables.

Guidelines

(1) Whether the placement will obstruct the passage of vehicles and pedestrians, or otherwise create a hazard;

(2) Whether the placement will contravene any traffic control signs;

(3) Protection of any Council assets;

(4) Whether a copy of a valid policy of insurance Certificate of Currency has been provided to the Council;

(5) Whether an indemnity or guarantee has been provided to the Council; and

(6) Any other matter the authorised officer or the delegated officer reasonably believes is relevant to the application.

40.1. A Person must not, without a Permit, place or display any goods for sale or samples of goods for sale or cause or allow another person under his or her control to do so on any part of a Road or Council Land.

40.2. A person who has placed, permitted to be placed, displayed or permitted to be displayed goods or an advertising Sign on a Road or Council Land, with or without a Permit, must move or remove them if directed to do so by an Authorised Officer or Delegated Officer.

40.3. Any goods left or displayed on any part of a Road or Council land contrary to this Clause or displayed in contravention of any conditions of a Permit may be removed by an Authorised Officer or a Delegated Officer and impounded.

40.4. Where any goods have been impounded, there must be compliance with the provisions of Clause 84.

41.1. A person must not, without a permit, erect or place on any Road or Council land any vehicle, caravan, trailer, table, stall, tent, or other structure for the purposes of selling or offering for sale any goods (including any vehicle) or services.

41.2. In addition to any other power which it has, the Council may, by resolution, determine a fee, charge, fare or rent in relation to the selling or offering for sale any goods or services from any land adjacent to a Road or to any person who is on that Road or adjacent land.

41.3. Where any goods and equipment have been impounded, there must be compliance with the provisions of Clause 84.

Guidelines

Guidelines for determining whether to grant a permit to allow trading from a road or to a person on a road or to allow trading on Council land:

(1) Whether the safety of road users or the passage of any vehicle will be affected by the placement or performance;

(2) Will the activity be detrimental to the amenity of the area including adjacent property occupiers or lawful users of the adjoining public space;

(3) The nature and duration of the proposed trading and whether any time limitations should be imposed, for reasons associated with public safety; asset protection, adequate lighting, traffic management etc.;

(4) Whether appropriate arrangements can be made for:-

a. wastewater disposal;

b. recycling, litter and garbage;

c. lighting; and

d. advertising signs;

(5) Comments from Council departments including:

a. Roads Management or relevant land asset (reserve) manager,

b. Planning Department

c. Economic Development

(6) Whether the consent of VicRoads has been obtained where the road is an arterial road or a VicRoads controlled road;

(7) Whether any indemnity/guarantee has been provided to the Council;

(8) Whether required permits been obtained under the Food Act 1984, the Public Health and Wellbeing Act 2008 or any other legislation;

(9) Whether the applicant should be required to take out a public liability policy of insurance (minimum $20 million) and prior to the issue of the permit, provide to the Council a Certificate of Currency of the public liability policy of insurance.

(10) The following business competition issues should be considered, especially where local retail businesses object to the roadside trading:

a. Is there an overriding value to the broader community and to tourism in the provision of an essentially different and convenient service;

b. Will the offering of a broader service mix in the locality improve local amenity by encouraging new customers and placing competitive pressure to improve retail service standards in the area;

c. Has there been an open and competitive process to obtain roadside trading location permits or should such a process by undertaken;

d. Council policy concerning roadside trading sites;

e. Is the location likely to place the roadside trader in direct competition with any other exclusively contracted Council business, such a recreation centre café operator;

f. Should the roadside trader’s range of goods and services be specified and limited by Council;

g. Should the hours of proposed trading be limited for competition purposes.

(11) Council’s policy in relation to itinerant or roadside trading.

(12) Any other matter the authorised officer or the delegated officer reasonably believes is relevant to the application.

42.1. A person must not, without a permit, spruik on any Road or Municipal Place or from any private property use any sound amplification equipment to spruik onto any Road or Municipal Place.

42.2. A person must not, without a permit, busk on any Road or Municipal Place or use any sound amplification equipment for the purpose of public entertainment or performance.

42.3. A person must not, without a permit, paint or draw on any Road or Council land or property for the purpose of public entertainment, performance or the collection of money.

42.4. Sub-clauses 42.1, 42.2 and 42.3 do not include short-term outdoor community events on Council land or a Road although such events may be subject to a permit under other clauses of this Local Law.

43.1. A person must not, except in accordance with a permit, erect or place an advertising sign on or over any part of a Road or Council land, or cause or in any way authorise another person to do so.

43.2. A person who has erected or placed an advertising sign on a Road or Council land with or without a permit, must move or remove the advertising sign if directed to do so by an Authorised Officer or Delegated Officer.

43.3. Where an advertising sign has been impounded, there must be compliance with the provisions of Clause 84.

43.4. Any signage subject to a permit for use within a Municipal Reserve or subject of a Planning Scheme permit is exempt from this Clause.

44.1. A person must not, without a permit, use a footpath or any part of a Road or any Council land for the purposes of an outdoor eating facility.

44.2. Where any tables, chairs, umbrellas or other equipment have been impounded, there must be compliance with the provisions of Clause 84.

44.3. A permit holder must move or remove the outdoor eating facility to which the permit relates when requested to do so for the purposes of public safety by an Authorised Officer or a Delegated Officer or a member of the Victoria Police or an emergency service.

For guidance in determining whether to grant a permit to use a footpath or any part of a Road or Council land for the purpose of an outdoor eating facility, refer to Council’s policy in relation to Outdoor Dining and Trading Policy 2017.

45.1. A person must not, without a permit, use a footpath, other part of a Road, or any Council land adjoining a licensed Premises to sell or consume liquor.

45.2. In determining whether to grant a permit, the Council or an Authorised Officer must have regard to the guidelines set out in this Local Law.

Guidelines:

(1) The location of the licensed premises, the land use of adjoining allotments and the general amenity of the street and neighbourhood;

(2) The nature of the existing licensed business, eg café, restaurant or night-time entertainment venue;

(3) Whether the applicant’s business, or the location has a history of alcohol-related behavioural problems;

(4) Comments from Planning, Community Development, Environmental Health, and Economic Development departments of Council;

(5) Comments from the Victoria Police or any relevant other public authority;

(6) The impact that an increased number of patrons and the service and consumption of alcohol on a footpath will have on the amenity of the surrounding areas;

(7) Whether Council’s permit hours should be the same or be more limited than the existing liquor license for the site;

(8) Whether Council’s permit should be conditional upon patrons being seated while consuming alcohol and/or food service being available in the area that is the subject of the application; and

(9) Any other matter the Authorised Officer or the Delegated Officer reasonably believes is relevant to the application.