Community Living Local Law Number 1, 2018, clause 4.3 states: A person must not, without a permit, place or cause to be placed on a road or Council land any structure, sign, table, chair or goods for display.
Please refer to Outdoor Dining Areas Permit web page for information about Outdoor Dining Areas.
Display on Council Land – Goods, Signs or Flags Permit Application
To apply for permits to display goods, advertising signs or flags on Council land, please submit the following to Council:
- Completed application form.
- Payment of the Application Fee.
- $20 Million Public Liability Insurance Certificate of Currency.
General Permit Conditions
Once Council has received the completed permit application, an authorised Officer will arrange a site visit to determine if the permit/s can be approved. If approved, the permit/s will be subject to a number of conditions including, but not limited to the following conditions.
- Any item/s permitted to be displayed on Council land under a Local laws permit must;
- be placed on Council land directly out the front of the premises (unless part of a Council run or sponsored event);
- not be placed on any median strip, roundabout or within 10 metres from any intersection;
- be relevant only to the business concerned and be of a non-offensive nature;
- not cause any obstruction, annoyance or danger to any member of the public or vehicle;
- be positioned and secured to the satisfaction of an Authorised Officer of the Council;
- be placed a minimum distance of 1.8m from the shop frontage unless otherwise specified by an Authorised Officer to ensure a clear pathway for pedestrians;
- only be on the footpath during the applicant’s business hours;
- be properly maintained at all times to the satisfaction of the Council;
- be constructed of a sturdy material to withstand being blown over in the wind and causing possible injury to a member of the public; and
- not be attached to any Council asset or other companies asset without prior written consent being provided to Council. eg: power poles, trees, road signs.
- The Permit Holder shall at all times during the agreed Permit Term;
- be the holder of a current Public Liability Policy of insurance in respect of the activities specified herein in the name of the Applicant providing coverage for a minimum sum of $20,000,000 (twenty million dollars or more); and
- supply Council with a copy of the current Certificate of Currency as evidence of the public liability insurance at all times; and
- if the Public Liability policy will expire during the Permit Term, supply Council with a reviewed Certificate of currency at least 5 working days prior to the expiry of the insurance kept by Council; and
- The Permit Holder must ensure that Council has a current certificate of currency (Public Liability) as proof of cover at all times during the agreed Permit Term;
- The Public Liability Policy shall be effected with an insurer approved by the Council.
- The Certificate of Currency will be the only document accepted as proof of insurance and must be attached / included with the permit application form.
- The Public Liability Policy shall cover such risks and be subject only to such conditions and exclusions as are approved by the Council. These conditions shall extend to cover the Council against all actions, costs, claims for personal injury, property damage, charges, expenses, penalties, demands and damages whatsoever which may be brought, made or claimed against them in connection with the Permit Holders performance or purported performance of its obligations under this Permit and be directly related to the negligent acts, errors or omission of the Permit Holder.
- The Permit is automatically cancelled if the date of expiry listed on any Certificate of Currency supplied to Council has lapsed.
- An Authorised Officer of the Council can at any time, change, amend, cancel or withdraw any permit.
- If a permit is not obtained, has been cancelled, or the permit conditions have not been complied with then the item/s may be impounded by the Council’s Authorised Officers, which will result in the payment of an impoundment fee for release of the item.
- Failure to comply with Council’s Community Living Local Law no 1 2018, including any permit conditions, or failure to comply with a Notice to Comply may result in legal action including infringement notices or Court action. The maximum penalty for each offence in the Magistrates Court is $2000.
- The permit is non-transferable and cannot be reassigned. In the event the business is sold or subleased, the permit becomes invalid and a new permit must be entered into.
Goods for Display Conditions
- The total area for any goods displayed on the footpath must be:
- no wider than 1.0m.
- no longer than 3.0m.
- no higher than 2.0m.
Advertising Sign Conditions
- The Advertising sign frame shall be:
- no smaller than 0.5m high and 0.3m wide.
- no bigger than 1.2m high and 0.9m wide.
- Only one sign may be displayed at each shop front and it must be easily identified with the owner.
- When there is more than one business on the premises, the sign must be shared.
Tear Drop Flag Conditions
- The Tear drop flag total dimensions shall be no bigger than 3.0m high and 0.9m wide.
- The number of flags permitted will be assessed by an authorised officer of Council and be dependent on the size of the shop front and the potential impact on any signs or goods for display, any Council asset, including parking bays, intersections, bench seats etc.
- When there is more than one business on the premises, the flag must be shared.
Notice to Comply
If you have received a Notice to Comply from an authorised officer, please ensure that you complete the required work by the specified date.
Failure to comply with Council’s Community Living Local Law Number 1 2018, including any permit conditions, or failure to comply with a Notice to Comply may result in legal action including infringement notices or Court action. The maximum penalty for each offence in the Magistrates Court is $2000.
For more information, please contact Council.