Goods on Footpath Application

1. The permit period will expire on 30 June. Subsequent Permits will be issued on an annual basis for period 1 July to 30 June the following year. Permit fees are non-refundable unless the application is denied.
2. The Permit Holder must maintain a public liability insurance policy during the permit period with a public risk cover of at least twenty million dollars and the policy is endorsed to include the name of the City of Holdfast Bay as an interested party. A Permit will not be issued until a Certificate of Currency from the Applicant’s insurer is provided to Council at each and every application.
3. The Permit Holder shall indemnify and keep indemnified and hold harmless the Council its members, employees and agents and each of them from and against all actions, costs, claims, charges, expenses, and damages whatsoever which may be brought or made or claimed against them or any of them arising out of or in relation to the permit or out of or in relation to the activities authorised thereby.
4. The Permit is not transferable. The Permit bears no relationship to the sale of the business. The new business owner must make an application to Council prior to displaying goods on the footpath and provide a certificate of currency for public liability insurance.
5. In Jetty Road, Glenelg and Jetty Road, Brighton a minimum of 2 metres of clear footpath for pedestrian passage must be maintained at all times between the display of goods and the kerb. All other locations must have a minimum of 1.5 metres of clear footpath for pedestrian passage between the display of goods and the kerb. Existing veranda posts are excluded from the required clearances.
6. Where existing Council property (eg. litter bins, public seats) or public utilities precludes the minimum specified width for pedestrian passage there must be a clear space of at least two metres next to and parallel to the property line opposite the Council property or public utility for pedestrian passage. This concession will only apply if a clear 2 metre or 1.5 metre (dependant on locality- refer to Condition 5) for pedestrian passage can be maintained between the clear property line and Council property or public utility.
7. The display of goods must not extend more than 750mm outwards from the property line across the public footpath. If the applicant applies for a lesser width (e.g. 500mm) that is what is approved and the fee is calculated accordingly and the applicant cannot extend beyond 500mm.
8. The display of goods must not exceed a height of 1200mm (1.2m) measured from the pavement.
9. The display of goods must reach a minimum height of 750mm measured from the pavement.
10. The display of goods must not encroach across neighbouring boundaries.
11. The display of goods (except furniture) must be displayed on stable stands unless otherwise approved by Council. Stands include display tables and clothes racks.
12. Clothes racks must be presented in a manner in order that they cannot be easily moved by the public either by locked wheels or a solid frame.
13. Clear access to the entrance of the premises must be maintained. A wheelchair requires a clear width of 850mm.
14. Street furniture will not be removed or relocated to provide for the minimum clearances required.
15. Hanging product displays are not permitted to encroach across a Council footpath from awnings, canopies, veranda posts or poles fixed to the outside of the building.
16. Goods or their display stands must not be affixed to any footpath, A-Frames or any structure owned by Council.
17. The council may set markers on the footpath to define the boundaries for the placement of goods.
18. The Permit Holder must display the Permit at a location on the business premise that can be easily seen by a Council Officer from outside the front of the premises.
19. The display of goods must not present a safety hazard to footpath or road users.
20. The display of goods should have a contrasting colour to their background to assist the vision impaired.
21. The display of goods must be neatly maintained with no signage other than small price tags and the description of goods.
22. The display of goods must not incorporate any illuminated or flashing lights, rotating or moving parts or provide undefined edges (sharp /protruding objects) and proportions that may pose a danger to the public.
23. The edges of goods display must be made safe for busy pedestrian times and for the detection of the vision impaired.
24. The Permit Holder takes responsibility for safety and compliance with the Disability Discrimination Act 1992.
25. The Permit Holder must not affix any structure to a building, including awnings, blinds or the like without receiving Development Approval from Council’s Development Assessment Department.
26. Removable umbrellas (not less than 2 metres from the lower canopy edge border to the pavement) may be used and anchored to provide shade and shelter only where there is no existing veranda or other canopy structure or where such structures are above 4 metres in height. Advertising on an umbrella is restricted to the name or logo of the business associated with the Permit and not exceeds 10% of the total available space.
27. The Permit Holder shall bear the cost of pavement repairs including cleaning carried out by Council which in the opinion of the Council or Council’s Works Manager are necessary by reason of activities authorised under the Permit.
28. The council reserves the right to assess the display of goods from time to time to determine that the display of goods does not detract from the desired character of the street or create a hazard to pedestrians of all abilities.
29. In each application and from time thereafter, Council may assess the pedestrian density in the vicinity of the display of goods. If in the opinion of Council the pedestrian density is such that the free flow is, or would be unduly restricted or obstructed by the display of goods, Council reserves the right to refuse such application, cancel any current Permit or amend the Applicants’ Permit Conditions.
30. A Permit does not confer exclusive rights of a public footpath for business purposes other than an authorisation to trade on the footpath or part thereof in accordance with Permit Conditions for the period of the Permit.

Fees are updated for each financial year; please refer to the Council’s fee schedule for the current fees.

The permit fee is based on a rate per square metre plus an additional 450mm wide to recognise the obstruction caused by the customers shopping/browsing on the footpath.

For example, if the display shown on your plan is 600mm wide across the public footpath on Jetty Road at Glenelg and the length of the display along the footpath is 2500mm, the fee is calculated as 2500mm x (600mm + 450mm) at the applicable square metre rate for Jetty Road Glenelg, i.e. (2.5m x 1.05m) x $117.00 = $307.13.

If the fee is calculated to be less than the minimum fee, this minimum fee will be charged.