Maroondah City Council
Street Activities Policy
Adopted :
19 May 2014
Contents
1
Overview ............................................................................................................. 4
Purpose of the Street Activities Policy ................................................................... 4
What is street activity? .......................................................................................... 4
Why do we have street activity? ............................................................................ 5
2
Council’s street activity priorities ......................................................................... 5
3
Permits ................................................................................................................ 6
Display of permit ................................................................................................... 6
Amendments to an existing permit ........................................................................ 6
Transfer of ownership ............................................................................................ 6
Renewal of an existing permit ............................................................................... 6
Legislative requirements........................................................................................ 7
4
Fees .................................................................................................................... 7
5
Public Liability Insurance ..................................................................................... 7
6
Footpath zones and requirements....................................................................... 8
Footpath zones ..................................................................................................... 8
Pedestrian Zone ........................................................................................... 8
Potential Trading/Activity Zone .................................................................... 8
Kerbside Zone .............................................................................................. 9
Variations to Activity Zones .......................................................................... 9
Footpath requirements .......................................................................................... 9
Access for Works and Special Events .......................................................... 9
Footpath Cleaning ........................................................................................ 9
Noise .......................................................................................................... 10
Existing street furniture and fittings ............................................................ 10
Neighbouring footpath ................................................................................ 10
Delineation markers ................................................................................... 10
7
Guidelines for footpath items ............................................................................ 11
General requirements.......................................................................................... 11
Design ........................................................................................................ 11
Placement .................................................................................................. 11
Amenity ...................................................................................................... 11
Patron behaviour ........................................................................................ 12
8
Specific items .................................................................................................... 12
Tables and chairs ................................................................................................ 12
Goods display ..................................................................................................... 12
A-Frame signs ..................................................................................................... 13
Outdoor heaters .................................................................................................. 13
Lighting ............................................................................................................... 13
Shade shelters, umbrellas and other enclosures ....................................... 13
Freestanding barrier screens ..................................................................... 14
Pot plants or planter boxes ........................................................................ 14
Awnings .............................................................................................................. 14
Definitions of awnings ................................................................................ 15
2
Design guidelines for awnings.................................................................... 15
9
Footpath trading and the Tobacco Act 1987 ..................................................... 15
10 Consumption of liquor ....................................................................................... 16
11 Queuing for licensed venues ............................................................................. 16
12 Street performance ........................................................................................... 17
13 Street art ........................................................................................................... 18
14 Street selling ..................................................................................................... 18
15 Street promotion, community advertising and fundraising ................................. 18
Community advertising billboards in Council open space .................................... 19
General conditions: .................................................................................... 19
Canvassing/Spruiking and Pledge Programs....................................................... 19
Fundraising ......................................................................................................... 20
General conditions: .................................................................................... 20
Highway collections/tin shakes ............................................................................ 21
16 Community food stalls and sausage sizzles ...................................................... 21
17 Real estate agent signs ..................................................................................... 21
18 Handing out flyers/pamphlets ............................................................................ 22
19 Clothing bins ..................................................................................................... 22
20 Permit holder responsibilities ............................................................................ 23
21 Health and safety requirements ........................................................................ 24
22 Compliance protocol ......................................................................................... 25
23 Enforcement of street activities ......................................................................... 25
24 Application process ........................................................................................... 26
Applying for a Street Activity Permit .................................................................... 26
Required information with application ........................................................ 26
25 Permit assessment and consideration .............................................................. 27
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1
Overview
Purpose of the Street Activities Policy
The Policy has been developed to maintain the balance between commercial and
fundraising activities and ensuring a safe and enjoyable experience on Maroondah’s streets
and commercial precincts. Council will respond to the changing needs of the community and
traders to maintain this balance.
Council aims to provide a clear unobstructed access for all people to move through the City.
Street activities will generally require a permit issued by Council under this Policy. In some
cases a Planning Permit may also be required.
The Policy has been developed by Council in consultation with the local community to
provide a framework for the sustainable use and management of Council land and the
activities that may occur on our streets.
The Policy explains when and how to trade on Council land and the types of activities
permitted. Maroondah has a diverse range of strip shopping centres and business precincts,
this diversity means different activities may occur between different centres and locations.
Activities on the street are an integral part of Maroondah’s unique character.
Council is committed to ensuring that the vibrancy of its strip shopping centres and business
precincts is enhanced by providing the opportunity for streets and footpaths to be used for
trading, entertainment and outdoor dining. However, pedestrian access and safety is the
primary purpose of footpaths.
Council will encourage activities that contribute to the vibrancy and character of our streets
and is committed to ensuring that safe and unobstructed access is maintained for people to
move along footpaths and as a minimum, to meet the requirements of the Commonwealth
Disability Discrimination Act 1992.
The key to pedestrian accessibility is the maintenance of an open path of travel. Council will
ensure that there is a clear path from the building line to provide optimum footpath width
inclusive of the needs of all of the community. Any street furniture, signs, activities or
displays must be located in the trading zone, not on the building line.
Council will also maintain visual amenity and safety when applying the Street Activities
Policy.
This policy is not intended to include Council or Trader Association sanctioned events such
as festivals, markets or fairs. Council’s Events Policy will apply in these circumstances.
What is street activity?
Street activity involves the use of public footpaths and land for both commercial and
charitable purposes.
Commercial purposes typically include the placement of advertising signs, display of goods,
tables, chairs, awnings, blinds and ancillary equipment such as umbrellas, and screens.
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Charity purposes may include activities such as Fundraising (sale of goods, raffles),
Highway Collections and Door Knock programs.
Entertainment such as performance, artworks and busking can also be considered as street
activity.
Why do we have street activity?
Street activity can be a valuable use of public space and can add life and vibrancy to
shopping strips. It supports the prosperity of the local economy and provides opportunities
for businesses to expand their available space and advertising. It also allows community
groups and charities to engage with the community.
With the potential benefits come potential problems and competing demands. Street trading
displays and awnings can obstruct the views of traffic, pedestrians, customers and
businesses. What is good for one trader is not necessarily good for their neighbours.
When issuing permits, Council will consider the broader implications of any application and
the interests of the area as a whole. Council has a responsibility to regulate the use of public
space and will encourage those activities that have a positive impact on amenity.
2
Council’s street activity priorities
Council has adopted the following priorities for considering street activity applications:
Public safety
Streets are safe and have an unobstructed passage for all pedestrians and safe and
unobstructed vision for drivers and cyclists (particularly around intersections).
Accessibility for all
Streets are easily navigated by all pedestrians including those who may be physically or
vision impaired and those with need for additional space (eg. Prams, trolleys) allowing
unobstructed pedestrian passage.
Vibrant street life
Streets are vibrant, lively and contribute positively to an area’s sense of place and character
balanced with the need for quiet space.
Prosperous economy
Businesses and shopping areas are thriving and prosperous.
Attractive streetscape
Streets are attractive, clean and pleasant and visual amenity is enhanced and not
diminished. Any activity will fit with the overall street character.
Leisure opportunities
Activities support local interaction, entertainment, street trading and alfresco dining as
enjoyable leisure activities.
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3
Permits
An annual Street Trading Permit is required for all commercial trading and/or occupation of
the footpath. Unless otherwise specified all permits expire on 30 September annually,
except in those circumstances where Council cancels a permit for breach of permit
conditions or other matter prior to the expiry date.
Permits for charity, entertainment or other like activities will be issued for nominated time
periods.
To be granted a permit under the Street Activities Policy, an applicant must agree to comply
with all requirements of this Policy.
A current permit must be held prior to any activity or the placement of any tables and chairs,
goods or associated ancillary items.
If Council refuses to issue a permit, the full fee may be refunded provided goods display has
not commenced.
Permits are not transferable. A new permit must be obtained if the proprietorship of a
business changes or the business relocates to another site.
A permit expires if:
 The permit holder ceases to be the proprietor of the business
 Any of the permit conditions or requirements of this Policy cease to be met by
the permit holder.
Display of permit
Operation within the approved street trading area can commence once permit
is clearly displayed in the shop-front window.
Failure to display a current permit sticker is a breach of permit conditions.
Amendments to an existing permit
Permit holders must submit an application in writing for any amendments to their existing
permit. Amendments may include changing furniture design, adding furniture/items or
increasing occupied space. A permit amendment fee is payable.
Transfer of ownership
Permits issued under this Policy are for the person/company/association listed on the permit
and cannot be transferred to any other trader.
Renewal of an existing permit
Permits are issued until 30 September of each year and a renewal notice is issued for all
existing permit holders.
It is the responsibility of the permit holder to ensure all permit renewal details including public
liability, amendments and fees are forwarded to the Council.
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Failure to provide all renewal documentation and fees will result in the cancellation of the
permit.
Council allows street trading for up to one year at a time. Council may at its sole discretion
decide not to renew a permit.
Legislative requirements
If granted a Street Activity Permit, it is also necessary to adhere to other relevant legislation
and requirements including the following:
Liquor Control Reform Act 1998 contact Victorian Commission for Gambling and Liquor
Regulation on 1300 650 472 (if liquor is to be consumed within a tenancy including within
a Footpath Trading Zone).
Planning and Environment Act 1987, contact Maroondah City Council Planning Department
on 1300 88 22 33 or (03) 9298 4598 (if liquor is to be consumed within a tenancy including
within a Footpath Trading Zone or if buildings or works to the shop are proposed).
Tobacco Act 1987 contact Maroondah City Council Community Health Department on
1300 88 22 33 or (03) 9298 4598 (laws regarding smoking within a Footpath Trading Zone).
Food Act 1984, contact Maroondah City Council Community Health Department on 1300 88
22 33 or (03) 9298 4598
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Fees
There are fees associated with street activities and these are determined by Council on an
annual basis.
Council when setting fees will consider cost equity for all users and generally fees will be
based on amount of land occupied and space made available for any given activity.
Charities and not for profit community organisations will generally be exempt from payment.
A schedule of these fees can be found on Council’s website www.maroondah.vic.gov.au
For more information, contact Maroondah City Council on 1300 88 22 33 or (03) 9298 4598.
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Public Liability Insurance
The applicant for a permit to conduct activities or place items on the footpath shall, at all
times during the term of the permit, be the holder of a current Public Liability Insurance
Policy for the activities specified in the permit, in the name of the trader and providing
coverage of at least 10 million dollars.
The Public Liability Policy shall cover such risks and be subject only to such conditions and
exclusions as are approved by Council and shall extend to cover Council in respect to claims
for personal injury or property damage arising out of the negligence of the permit holder.
A copy of the policy or Certificate of Currency (Maroondah City Council must be listed as
Interested Party on policy) will be required upon application.
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6
Footpath zones and requirements
Footpath zones
In order to provide a safe, clear and suitably unobstructed footpath for pedestrian access,
Maroondah City Council describes the footpath as being made up of three zones:
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Pedestrian Zone
Potential Trading/Activity Zone
Kerb Zone
Any reduction in footpath access or width will be solely at the discretion of Council but will
not be less than 1.2 metres and preference is to maintain 1.5 metres minimum.
Pedestrian Zone
Area used by pedestrians for travelling along the footpath, consisting of an uninterrupted
path of travel with no obstructions or projections providing access to all facilities.
It extends from the shop front or property line for a minimum distance of 1.5 metres, this
distance may be reduced on some narrow width footpaths if local conditions allow suitable
passage by footpath users.
An overhead clearance of at least 2.2 metres must be maintained above the Pedestrian
Zone at all times.
Conveniently placed sections of extra width may be required to allow for the passing of
prams, mobility aids or goods being transported along the footpath.
Potential Trading/Activity Zone
The Potential Trading/Activity Zone is the only area of the footpath which allows for the
placement of approved items or other footpath activity. This is the area remaining between
the Pedestrian Zone and the Kerb Zone after the pedestrian zone is considered. The width
of the Trading/Activity Zone may vary according to local conditions to ensure optimal
footpath access.
Approved items must remain within the Trading/Activity Zone at all times and must not
intrude on Pedestrian or Kerb Zones. It is the permit holder’s responsibility to ensure all
items remain within the Activity Zone.
A one metre wide break is required between properties and/or every ten metres to allow for
pedestrian access from the kerb through any footpath activity to the Pedestrian Zone.
No items may be placed within 0.5 metres of public infrastructure such as litterbins, bicycle
racks, public seating and trees.
At corner locations the Road Safety Act (1986) requires a clear distance at intersections for
motorists and pedestrians for safety reasons. Where properties are adjacent to an
intersection; the trading zone must not extend closer than 2.0 metres to the corner property
line.
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Kerbside Zone
The Kerb Zone is the area between the face of the kerb and the Activity Zone. The Kerb
Zone is important for the safety of pedestrians crossing the road and allowing for access to
and from parked vehicles. The Kerb Zone must be kept free from any items or structures at
all times.
A clear area setback a minimum of 0.5 metres from the face of the roadside kerb is required
to allow for vehicle overhang and to ensure people can safely cross the street and access
breaks in the Trading/Activity Zones, and to give motorists space to access their vehicles.
Where there is a disabled parking bay, the setback from the kerb will be at least 1.5 metres.
Variations to Activity Zones
Council will use the following criteria to assess requests for variations to Trading/Activity
Zones:
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The effect on pedestrian traffic flows and safety.
The impact on the appearance of the street and surrounding areas.
The impact on amenity.
The duration of use.
The effect on vehicular traffic flows and safety.
Whether it is complementary to the primary adjoining use.
Relevant policies of Council.
Any other matter relevant to the application.
Footpath requirements
Access for Works and Special Events
The granting of a permit to trade is made with the understanding that access by Council or
other utility authorities under relevant legislation is to be maintained to ensure access to
infrastructure within the footpath. If Council or other utility authorities require access to, and
the use of, a site for which a permit has been issued to undertake works, or a special event
or festival is scheduled:
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All items must be removed by the trader in the requested timeframe.
The normal practice will be to give traders 2 days notice in advance of the proposed
works/events.
In an emergency, sites may need to be cleared immediately.
Traders will be responsible for the movement of all items and any associated costs.
Footpath Cleaning
All tables and chairs, goods display, A-frame signs and any associated items must be
removed after the normal hours of trade and the footpath kept clear to facilitate cleaning.
The normal hours of trade are generally deemed to be between 7am and 11pm which allows
footpath cleaning between 11pm and 7am the following day. Permits will specify normal
hours of trade to ensure access for street cleaning.
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Noise
A Street Trading Permit does not authorise the business to spruik or emit undue noise on or
from the footpath. Entertainment activities will add to character and vibrancy but will not
adversely impact amenity and enjoyment of area.
Existing street furniture and fittings
Rubbish bins and other Council maintained fixtures such as bike racks and benches will not
be relocated at the request of traders.
Physical alterations, fixing or drilling fittings to the footpath is only permitted under special
circumstances and subject to Council approval and Maroondah Planning Scheme
conditions.
Neighbouring footpath
If seeking to occupy the Activity Zone of adjacent premises, Council requires the applicant to
obtain the written consent by the owner, body corporate and/or occupier of the adjacent
premises. If the neighbouring business is sold, a new letter of consent must be submitted to
Council from the new occupier.
The application must include plans to scale including both premises, a signed indemnity form
for both properties and a copy of Certificate of Currency noting both premises. Council will
assess applications on a case-by-case basis and reserves the right to approve or refuse any
application with reference to streetscape and community outcomes.
The permit holder will be liable for any breach of this Policy that occurs outside the
neighbouring shopfront where an adjoining Activity Zone has been approved. In the event of
withdrawal of the neighbour’s consent, the permit will be cancelled.
The footpath is public space and as such is not owned by any one business. This means a
business owner can not charge “rent” for the use of the footpath in front of their premises.
Delineation markers
To support traders in setting up their approved footpath trading area Council may, where
appropriate, install delineation markers (such as circular stainless steel disks) flush into the
footpath as a means of distinguishing the permitted Trading/Activity Zone.
The permit holder must ensure all furniture and goods associated with footpath activities are
located within the defined Trading/Activity Zone, whether formally delineated or as presented
on permit application.
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Guidelines for footpath items
General requirements
Design
Items which are placed in the Trading/Activity Zone must:
 be of a style, appearance, material, finish and colour which are attractive, durable
and complement the character of the shopping precinct
 be stable, adequately secured, of good design and located where pedestrian or
driver sightlines are not obstructed
 not include moving or oscillating parts or reflective items that pose a distraction to
motorists, or be illuminated either externally or internally
 contrast with their background to assist recognition by all users including people with
vision impairment
 be removable, yet sturdy and windproof
 have a suitable protective base to protect the footpath surface i.e. protective tips on
chairs and tables
 be secured in a manner that ensures that adverse weather conditions will not create
a risk for pedestrians, property and passing traffic
 not be affixed to any footpath, building, street furniture, pole or other structure
 not have sharp, pointed, or jagged edges, corners or protrusions.
Inflatable signs, portable electric signs, illuminated, revolving, spinning or flashing signs,
flags and banners are prohibited from the footpath and nature strip
Placement
Items must:
 only be placed in the Trading/Activity Zone outside the property to which they relate
during normal hours of trade unless otherwise directed or approved by Council
 be removed to facilitate footpath cleaning by Council’s cyclic maintenance program.
 not be placed over service pits (e.g. storm water, Telstra etc)
 located where pedestrian or driver sightlines will not be obstructed
 have adequate storage provided on the premises for all approved furniture, goods or
other items
 be positioned to ensure they are entirely within the approved Trading/Activity Zone at
all times (seats should not back on to the Pedestrian Zone if there is inadequate
space within the approved Trading/Activity Zone).
Items will not be permitted where access to a loading zone or disabled parking bay will be
impeded.
Amenity
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Traders must maintain the footpath trading/activity area in a clean and tidy condition
and must clean up and dispose of cigarette ash, butts and any other litter.
A permit may be cancelled or suspended if instances of continued obstruction, noise,
disturbance and littering or ongoing untidiness are noted.
Serving staff at outdoor dining areas should facilitate free access by pedestrians and
give pedestrians passing priority over their own movements into and out of properties
and the Trading/Activity Zone.
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Patron behaviour
The trader is responsible for the conduct of patrons using tables and chairs in the outdoor
seating area and must ensure that patrons:
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are seated before serving of food and beverages
adhere to any permit requirements such as no smoking or no alcohol consumption
do not move tables or chairs from their positions or obstruct the Pedestrian or
Kerbside Zones.
do not allow pets, prams or any other personal items to obstruct the Pedestrian or
Kerbside Zones.
do not interfere with the use or enjoyment of the area by other patrons or members of
the public.
A condition may be placed on a permit requiring a trader to place written reminders to
patrons on the tables or chairs regarding their responsibilities in relation to this clause.
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Specific items
Tables and chairs
Tables and chairs will only be permitted at properties which are registered under the Food
Act 1984 to serve food and/or beverages.
Applicant is required to provide a copy of their Registration as a Food Premises issued by
Maroondah’s Community Health Department.
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The number of tables and chairs permitted on the footpath in the Trading/Activity Zone is
determined by the space available
o The number of tables and chairs and their location must be shown on the plan
submitted as part of the street trading application.
Tables and chairs must be set back from existing infrastructure, including street trees,
lights, public furniture.
Goods display
Council will encourage street displays that add to the visual appeal of the precinct and that
encourage additional activity in the area.
A current permit must be held prior to the installation of any goods display and/or associated
ancillary items. Approval for goods display will be at the discretion of Council.
Vending machines, illuminated, revolving, spinning or flashing displays are prohibited from
the footpath. Power cords will not be permitted across footpath.
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Goods displays will not be allowed to exceed a height of 1.5 metres or a depth of
0.75 metres and must fit within the trading zone.
If foodstuffs are displayed, all Food Act requirements must be met.
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A-Frame signs
The visual amenity and vibrancy of Maroondah’s commercial areas is dependent on an open
and inviting streetscape and is reliant on order and strategic locations of signs. Council
discourages the proliferation of multiple A-frame signs where they impact negatively on
visual amenity, as Council will consider each application for an A-frame display on merit and
equitable availability for all.
A-frame signs are only permitted in business zones and are not permitted outside
residential premises. A current permit must be held prior to the display of any A-frame signs.
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A-frame signs must be of stable construction and not exceed 0.6 metres in width or
1.0 metres in height
The maximum number of signs permitted is two (2) per business (space allowing)
and may only be displayed as specified in permit conditions (normally only outside
the property to which they relate). No A-frame board is permitted away from the
relevant premises/business.
All signs are to be secured in place by a means that is not reliant on, or physically
tied to, any poles, fixtures or trees
o The means by which these signs are to be secured must not extend beyond
the footprint of the permitted sign and must be to the satisfaction of Council.
o Any securing device is to be removed with the sign
May only feature the business name or service provided by the business to which it
relates.
All signs placed on private property are subject to Planning Regulations.
Outdoor heaters
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Must be affixed to an existing permanent structure i.e. adjoining building so as to be
located off the footpath.
A planning permit is required to affix any outdoor heater to a permanent structure.
The installation of outdoor heaters must comply with the current requirements as
specified by Energy Safe Victoria.
Free standing/portable heaters are not permitted.
Lighting
For kerbside dining areas to operate beyond daylight, adequate lighting must be provided to
ensure the safety and amenity of patrons and the general public. Lighting is to be affixed to
the principal business. Spotlights and free standing portable lights are not permitted.
Shade shelters, umbrellas and other enclosures
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Must be at least 2.2 metres high at the lowest point and must not protrude over the
Pedestrian or Kerbside Zones.
Must not allow rainwater run-off to splash into the Pedestrian Zone.
Shade shelters, umbrellas and other enclosures must be freestanding and secured to
the satisfaction of Council.
Securing devices must be removed with the item at the end of trade.
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Freestanding barrier screens
Footpath trading barriers may be used to assist businesses to contain their furniture within
the approved Trading/Activity Zone.
Council will consider the approval of footpath trading barriers on a case-by-case basis and
applications will be assessed according to available space, streetscape, pedestrian activity,
amenities and traffic conditions.
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Footpath trading barriers are only permitted around tables and chairs
To preserve the general appearance and openness of the streetscape, the maximum
height for a footpath trading barrier is one metre.
Barriers must be lightweight to ensure that they can be removed from the footpath at
the close of business.
The form and construction of any barrier screen must be suitable for its functional
requirements and location, taking into account prevailing weather conditions.
A gap of 150mm between the bottom of the barrier and the footpath must be
maintained to allow for street cleaning.
No other structure (i.e. drop-down blinds, menu boards) can be secured to barriers at
any time
Pot plants or planter boxes
Planter boxes and the choice of plants can enhance kerbside dining areas and the
streetscape generally and will be considered where they fit with streetscape plans.
Total height including plant and pot must not exceed 1.2 metres.
Pot plants or planter boxes must be:
 well maintained with healthy plants of suitable form, hardiness and species at all
times.
 kept free of any litter or cigarette butts.
They must not be used for advertising purposes.
Metal or terracotta planter boxes are preferred, and should be easily removable and not
damage the footpath.
Awnings
A Planning Permit is required for all awnings that are fixed to buildings – the full policy is
included in Maroondah’s Planning Scheme. Awnings should be integrated into the street in a
way that does not compromise Maroondah’s high-quality public spaces.
Awnings should not impede pedestrian traffic or car parking to the kerb or any street trees
(including at expected size of maturity).
Awnings must not detract from pedestrian safety, the safety and efficiency of traffic
movements or the operation of public transport services and must not prevent reasonable
access for the loading and unloading of goods.
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Awnings should be designed to ensure that shopfronts are visible and to avoid clutter.
Awnings should not form a continuous row (of awnings) along the footpath.
Definitions of awnings
Awnings include:
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Horizontal awnings that are fixed to buildings and project over a footpath to form a
verandah.
Vertical drop-down awnings (including partial and full length) that are fixed to
verandahs and project over a footpath.
Design guidelines for awnings
Awnings provide weather protection for shoppers and can complement the streetscape when
they are designed to respond to street elements such as street trees and street furniture.
Awnings should be simple in style and appearance, and made of quality materials which are
durable. If they are full length they should be transparent to allow views for pedestrians. This
ensures they maintain a high standard and complements Maroondah’s high quality public
spaces. Full length awnings are only permitted to be used for a premises occupied by food
and drink or entertainment uses or fresh food/flower outlets at street level and should contain
no signage.
The only signage supported is on partial drop-down awnings and is a small business
identification sign or logo which is in keeping with the character of signage within the
streetscape (maximum 1.5 square metres in total).
Types of awnings that are supported by Council
 Horizontal awnings that are fixed to buildings to form a verandah.
 Partial drop-down awnings which are at least 2.2 metres above the footpath level.
Types of awnings that are not generally supported by Council
 Full length drop-down awnings which are not transparent, and/or have signage.
 Partial drop-down awnings or full length awnings with side wings.
Full length and partial drop-down awnings will not be permitted where they obscure traffic
and parking signs or obscure the sight lines at an intersection. Full length and partial dropdown awnings will generally not be permitted within 10 metres from a non-signalised
intersection and 20 metres from a signalised intersection.
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Footpath trading and the Tobacco Act 1987
Council recommends and promotes a smoke free environment and will actively support
smoke free dining through discounted permits, educational resources, business promotions,
and newsletters.
If smoking is to be permitted, requirements of the Tobacco Act must be met and compliance
will be monitored. A trader is responsible for supplying any tables at which smoking is
permitted with a wind-proof ashtray at all times.
Discounted rates will be offered to premises providing smoke-free outdoor dining.
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Proprietors will be responsible for ensuring a smoke free venue and permits may be
cancelled should conditions not be met.
More information is available from the Department of Health by calling the Tobacco
Information Line on 1300 136 775 or visiting www.health.vic.gov.au/tobaccoreforms
If you require further information or clarification contact Council’s Community Health team
on 1300 88 22 33 or (03) 9298 4598.
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Consumption of liquor
A Trading/Activity Permit only authorises the placement of tables and chairs and other
associated items and the consumption of food on the footpath (in the Trading/Activity Zone).
Maroondah Local Law prohibits the consumption of liquor in public space. It does not permit
the supply and consumption of liquor on the footpath.
A Planning Permit and a Liquor Licence are required to serve liquor on the footpath (in the
Activity/Trading Zone) and the footpath becomes part of the licensed area of the premises.
The permit holder must obtain a licence from the Victorian Commission for Gambling and
Liquor Regulation (pursuant to the provisions of the Liquor Control Reform Act 1998)
authorising the sale and consumption of liquor within the authorised Footpath Trading Zone,
in addition to the area within the premises.
Proprietors can only serve liquor on the footpath (in the Trading/Activity Zone) provided they
have obtained all relevant permits and licences including the Street Trading Permit, Planning
Permit and Liquor Licence.
The granting of a Street Trading Permit from Maroondah City Council does not remove the
right for Council to refuse a Planning Permit application or lodge an objection to a Liquor
Licence application (pursuant to Section 40 of the Liquor Control Reform Act 1998) if it
considers the proposal would be detrimental to the amenity of the area. For more information
about liquor licensing matters, contact The Department of Justice (Victorian Commission for
Gambling and Liquor Regulation) on 1300 18 24 57.
For more information about Planning Permit requirements, refer Maroondah City Council
Planning Scheme or contact Council’s Statutory Planning Department on 1300 88 22 33 or
(03) 9298 4598.
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Queuing for licensed venues
It is the permit holder’s responsibility to ensure the safe management of patrons queuing.
Queuing shall only occur adjacent to the building line on the kerbside. New premises should
incorporate queuing areas within the premises.
The “roping off” of a section of the footpath adjacent to a licensed venue in order to facilitate
the queuing of patrons requires an annual Street Trading Permit.
The “roping off” may involve the use of temporary bollards or similar in conjunction with
tapes or ropes.
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Roped off areas must be located directly adjacent to the building or property line and
positioned to allow for the unimpeded access of pedestrians adjacent to any roped off area.
Where a roped area is found to restrict orderly pedestrian movement on the footpath, an
Authorised Officer may direct the “roping off” to be moved or removed, as the circumstance
requires, notwithstanding that a valid permit may be held by the permit holder.
Queuing patrons and other passing pedestrian traffic must not under any circumstances be
forced from the footpath towards the road carriageway. Night club queue permits will not be
issued adjacent to any outdoor dining areas.
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Street performance
Street performance can add vibrancy and character to commercial zones.
Street performances must comply with the conditions specified on the permit as well as the
requirements set out in this Policy.
Applications will be considered on merit and street performers may be required to provide
reference and/or samples.
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Where street performances are performed as a group (being more than one person
and up to a maximum of six persons); the person who is issued a Permit must be
part of, or supervising, the performing group at all times.
Street performances of more than six people are generally not permitted.
The permit will specify the area and times where the street performance may take
place.
Street performances will only be permitted between 7am and 11pm daily.
No litter is to be generated by the activity
No inconvenience or obstruction is to be caused to either pedestrians or vehicles
The use of fire, animals, materials, substances or equipment as part of the street
performance that, in the opinion of the authorised officer, may pose threat to public
safety is prohibited.
For children under the age of 16 to be permitted to busk, they must be accompanied
by a person over the age of 18, and have with them parental or guardian written
permission.
Street performers must keep 1.5 metres of the footpath adjacent to the building line
clear for pedestrians at all times.
A street performer must leave any given location upon direction from police or an
authorised officer
School groups or students with relevant ID are exempt from paying a permit fee.
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Street art
Public artworks are an important part of our City’s character.
Examples of street art could include:
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artwork integrated into the fabric of a building
a sculptural or decorative installation located in an open space
text or poetry inscribed in a footpath or on public seating
a mural, footpath design or wall relief
creative markers which reflect the character of the precinct
performance or multimedia presentations.
Applications should be forwarded to Local Laws, Maroondah City Council, outlining your art
idea, including location, maintenance and the duration of the installation.
For further information, contact Arts & Cultural Development, Maroondah City Council on
1300 88 22 33 or (03) 9298 4598.
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Street selling
Street selling can add vibrancy and activity to an area. Council will support street selling by
local businesses where the activity encourages healthy lifestyles, enhances the vibrancy of
the area, encourages local business and is not in direct competition with other traders.
Council will balance street selling activities with the need for commercial free zones.
Street selling will be considered as temporary activity and will only be permitted at locations
and times as defined in permit.
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Street promotion, community advertising and
fundraising
A Permit is required for street promotions, and fundraising.
Not-for-profit organisations benefiting the Maroondah community are exempt from paying a
permit fee.
Third party entities acting on behalf of individual charities will be charged for the street
activity. Commercial Promotional activities will also be charged a fee.
Sites will be allocated on an equitable basis and only two events per organisation will be
permitted each calendar year.
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Community advertising billboards in Council open space
Commercial or political billboards are not permitted on Council land.
Advertising billboards for approved non-profit Maroondah based community events may be
considered at designated sites on Council land.
Due to the high demand for the placement of temporary advertising signs within Maroondah,
Council has developed criteria to ensure that organisations that benefit the community in
Maroondah have equitable access to sites.
The key criteria are as follows:
 The applicant must be a not for profit organisation.
 The applicant must be promoting a community event in Maroondah.
 The applicant must not be collecting/fundraising on behalf of another organisation.
General conditions:
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Applications must be in writing.
Signs are to be displayed for no more than three weeks and removed within two days
of the event occurring.
Two signs per organisation or event are permitted at one time, applications for
additional will only be considered for large community events and will be dependent
on availability.
Maximum permitted size of sign is 2.4 metres by 1.8 metres.
Sponsors' advertising on boards must not exceed 10% of the total sign area.
The sign must not distract or obstruct a driver's view of the traffic signals or road
signs.
The sign must not cause any hazard or impediment to pedestrians.
The sign must be securely anchored, and the applicant must reinstate the area after
the sign is removed.
Applications will not be considered more than six months prior to the proposed
advertising activity.
Permits for temporary advertising for approved non-profit Maroondah based community
events are exempt from paying a permit fee.
For permanent advertising signs, please contact Council's Statutory Planning Department
on 1300 88 22 33 or (03) 9298 4598.
Canvassing/Spruiking and Pledge Programs
Council does not allow activities such as canvassing, spruiking and pledge programs where
community members are subject to unsolicited approaches by any organisation.
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Fundraising
Due to the high demand for the opportunity to fundraise within Maroondah, Council has
developed criteria to ensure that organisations that benefit the community in Maroondah are
able to fundraise within their community. A fundraising application is required.
The key criteria are as follows:
 The applicant must be a not for profit organisation benefiting the Maroondah
community.
 The applicant must not be collecting on behalf of another organisation.
Permitted fundraising activities are:
 general Fundraising (eg. stalls)
 sale of organisational goods
 raffles
 door knocks.
General conditions:
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Maroondah City Council reserves the right to request additional information or
documents that may support the application.
Two dates per calendar year will be permitted
Fundraising activities are only permitted between sunrise and sunset,
Fundraising activities are only permitted for the dates, times and locations shown on
permit.
Only one registered charity or not-for-profit organisation will be approved to conduct
fundraising activities at any given location and time.
Representative(s) must not harass or interfere with pedestrians, traffic, entrances to
business premises or other street activities.
Representative(s) undertaking fundraising/promotional activities must carry a valid
permit at all times.
Representative(s) undertaking fundraising/promotional activities must clearly display
registered charity organisation identification at all times as per Fundraising Institute
Australia – Standard of Face to Face Fundraising Practice.
Applications will not be considered if more than six months prior to the proposed
fundraising activity.
Any instructions issued by a member of the Victoria Police or an authorised
Maroondah City Council officer must be complied with immediately.
Amplification/spruiking is not permitted.
For more information contact Local Laws, Maroondah City Council on 1300 88 22 33 or
(03) 9298 4598.
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Highway collections/tin shakes
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A fundraising application is required.
The conduct of tin shakes within Maroondah during the month of December is not
permitted.
Applications will not be considered for any proposed periods if more than six months
prior to the proposed date of collections.
The operation of intersection tin shakes may only take place where the consent of
Victoria Police has been obtained by the organisation and that any conditions
required by Victoria Police are met.
While collecting, tin shake collectors shall carry a copy of the relevant Victoria Police
Permit to be produced on demand by an Authorised Council Officer or Police.
For more information, contact Local Laws, Maroondah City Council on 1300 88 22 33 or
(03) 9298 4598.
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Community food stalls and sausage sizzles
Community groups and charities will require a permit for food stalls and sausage sizzles
conducted on Council land. Personal fundraising will not be permitted.
Commercial operators will be considered as Street Selling under this policy
Any stall selling food must meet the requirements of the Food Act 1984 and obtain relevant
“Streat Trader” permit.
Information regarding Food Act requirements and Streat Trader information is available from
Council’s Community Health Department on 9294 5603
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Real estate agent signs
The placement of temporary real estate agent signs (A-boards) requires a Street Trading
Permit. Estate agents may be granted a permit for signs to be placed on the nature strip at
or near a property for which the agent is acting. No sign may be placed on the road, on any
roundabout, traffic island, or where it creates any hazard to pedestrian or vehicle safety.
Real estate agent signs are only to be placed during daylight hours within two hours of the
activity that they are advertising and removed within two hours after the activity they are
advertising has ceased.
One real estate sign permit will allow multiple signs to be used at any one time. A fee will
apply.
‘Corflute’ style pointer boards or similar are not to be attached to any Council controlled
assets or placed on Council land.
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Handing out flyers/pamphlets
A permit from Council is not required if no selling is involved. If you wish to distribute
leaflets on privately owned land, permission should be obtained from the shopping centre
management.
Leaflets must not be posted on car windscreens, no matter where they are parked.
Material must not be obscene, defamatory or offensive.
Any litter generated by this activity will be the responsibility of the entity listed within the
advertising material. Infringements may be issued should littering occur.
Maroondah City Council litter bins are not to be used for the disposal of excess or left over
materials
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Clothing bins
Clothing bins are not permitted on Council land. The City of Maroondah is well serviced by
numerous charity organisations and shops and as such clothing bins do not enhance the
opportunity for donations.
Council does not consider that clothing bins make a positive contribution to streetscape and
are often the source of complaints regarding littering, dumping, bill posting and graffiti.
Clothing bins on private land are the responsibility of the land owner who must ensure that
the amenity of the area is not adversely impacted and no rubbish is permitted to accumulate.
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Permit holder responsibilities
The management of Street Trading Activities is the responsibility of the permit holder. To
ensure appropriate management, permit holders are required to adhere to the following:
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Public Liability Policy must remain current at all times. Failure to maintain the Public
Liability Policy is considered a serious breach of permit conditions. Permits will be
immediately withdrawn if cover expires.
Any permit that is obtained as the result of providing false or misleading information
may be cancelled and the applicant may be ineligible to obtain a permit for a period
of 12 months.
Operate in accordance with the conditions of the permit, approved plan and
requirements and objectives as outlined in this Policy.
Must ensure street trading areas are kept clean and tidy, including cleaning around
any fixed furniture or barriers.
Operate in accordance with the conditions of any other relevant Food, Planning or
Liquor License Permits.
Observe all local law provisions relating to footpath trading, including noise, health
and amenity.
Display a valid permit registration sticker in the shop-front window at all times.
Only the trading activity as shown on the approved plan shall take place on the
footpath and must be contained within the “trading zone” at all times.
The Pedestrian Zone of the footpath must remain clear at all times.
The permit holder must not allow the footpath activity, including the behaviour of
patrons, to detract from, or be detrimental to the safety, accessibility and amenity of
an area or negatively impact on the wider community.
Entertainment is not allowed on the footpath without permit.
The footpath is to be kept clean and tidy of all food/rubbish/refuse or other waste
matter at all times.
Permit holders are responsible for the cleaning, and removal of all litter generated by
their trading or patrons using the Trading Zone.
The permit holder is to ensure that ashtrays and appropriate litter receptacles are
supplied for the disposal of rubbish associated with the trading. These are to be
emptied and cleaned on a regular basis to avoid spillage.
No food/rubbish/refuse or other waste matter is to be deposited into the stormwater
drainage system including the gutter.
All refuse is to be disposed of by proprietor, street bins may not be used for
commercial waste.
Any displayed goods within an approved Footpath Trading Zone must be stacked or
stored safely at all times.
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Health and safety requirements
Council is obliged to provide and maintain, so far as is practical, an environment, that is safe
and without risk to health or safety. As a condition of Footpath Activity, Council requires that
traders and their employees will at all times identify and exercise all necessary precautions
for the health and safety of all persons including the traders, employees and members of the
public who may be affected by footpath activities.
Council may require as a condition of the permit a Safety Plan specific to the operation of the
footpath activity. The Safety Plan shall consider and respond to the specific safety hazards
and risks relevant to the footpath activity and shall document the systems and methods to be
implemented for the period of the footpath activity.
As a minimum, the Safety Plan should include:
 a risk assessment and risk control methods to be implemented relevant to the street
trading activity
 specific Occupational Health and Safety hazards and issues relevant to the footpath
activity.
 procedures for safety and risk inspections, audits or assessments relevant to the
footpath activity
 legislative compliance with any Acts, Regulations, Local Laws, Codes of Practice and
Australian Standards which are in any way applicable to the footpath activity.
The trader must promptly notify Council of any incident, injury, property or environmental
damage that occurs during footpath activity. If required by Council, the trader must within 3
days of any such incident provide a documented report giving complete details of the
incident, including results of investigations into its cause, and any recommendations or
strategies for prevention in the future.
If Council informs a trader that, in the opinion of Council, the footpath trader is:
 not conducting the footpath activity in compliance with their Safety Plan, health and
safety management procedures, relevant legislation or health and safety procedures
provided by Council from time to time
 conducting footpath trading in such a way as to endanger the health and safety of the
public or the environment the trader shall promptly remedy that breach of health and
safety.
Council may direct the trader to suspend footpath activities until such time as the Trader
satisfies Council that the footpath activity will conform with applicable health and safety
provisions. The cost of any suspension period referred to above will be at the full cost of the
trader. If the trader fails to rectify any breach of footpath activity that has been suspended, or
if in the opinion of Council immediate cancellation of the footpath activity is warranted, the
footpath activity permit may be cancelled. Any cost of cancellation of permits will be at the
full cost of the trader.
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Compliance protocol
Council will monitor compliance with this policy and the conditions of relevant permits. Any
observed breaches of Council’s local laws, policy or permit conditions will be investigated
and enforcement action taken. Council’s enforcement philosophy is that a cooperative
approach will best achieve compliance with the policy.
Upon detection of a breach of the Local Law, this Policy or a specific permit condition, action
which may be taken in accordance with Maroondah City Council Local Laws includes:
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Verbal direction to the permit holder.
Written Notice to Comply issued to the permit holder.
o a first and final written notice with a time frame for compliance.
Infringement Notice issued in accordance with the penalties under Local Laws.
For repeated acts of non-compliance
o goods/items may be impounded.
o permit suspension/cancellation
o prosecution.
Prior to cancellation of a permit, Council will provide the permit holder an opportunity to
make comment on the proposed cancellation. Where a permit is cancelled or suspended
refunds will not be available.
Action considered necessary to rectify an unsafe situation on the footpath may be taken; this
may include impounding any items that are placed on the footpath. Release fees apply for
any items that are impounded. Storage charges may also apply for larger items that are
impounded.
Incidents of non-compliance will be recorded and may be taken into consideration when
renewing or assessing future permit applications.
Council may cancel, suspend or amend a permit where the footpath activity detracts from, or
is detrimental to, the safety, accessibility or amenity of an area or negatively impacts on the
wider community.
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Enforcement of street activities
To be granted a permit under this Policy, an applicant must agree with this Policy and sign
the application form. Any non-compliance is a breach of the current Maroondah City Council
General Local Law and will result in enforcement measures being taken.
Failure to maintain a current public liability insurance policy is considered a serious breach of
this Policy and will result in cancellation of the permit. The permit holder is liable for any
breach of the conditions set out in this Policy, including those committed by their staff or
patrons.
Council’s Local Laws department monitors the operation of street activities to ensure the
conditions of permits and the Street Activities Policy are complied with.
If you have any questions, please contact the Local Laws Department on 1300 88 22 33 or
(03) 9298 4598.
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Application process
Applying for a Street Activity Permit
Applicants are advised to familiarise themselves with this Policy prior to making an
application to Council. Understanding the responsibilities involved in managing the footpath
area, design requirements, legal obligations, costs involved and other relevant matters is
important.
Required information with application
Applicants need to:
 complete and sign a street trading application form (available on Council’s website or
at one of Council’s Service Centres)
 provide a copy of the Planning Permit for the business or advice from Council’s
Statutory Planning Department indicating that a Planning Permit is not required for
the proposed/existing business to which the outdoor area relates
 where relevant, provide a copy of the approved Liquor Licence for the premises to
which the outdoor area relates
 provide proof of the company and business registration certificates, showing the
company name, ACN, ABN and business name
 provide a Certificate of Currency in relation to a public liability policy of insurance.
The Council requires the insurance policy to note the Council’s interest and be for the
amount of no less than $10 million in respect to any single occurrence
 provide a form of indemnity to indemnify the Council against all claims of any kind
arising from any negligent act either by the permit holder or the permit holder’s
agents and users
 when proposing tables and chairs for the purpose of footpath dining within the
Trading/Activity Zone, provide Food Act registration details.
Provide a plan of proposal, drawn to scale 1:100, showing:
 the width of the frontage and of the footpath from outside edge of kerb to the property
lines
 location of property lines and type of abutting uses
 location of existing trees, light poles, signs, existing street furniture, pits, fire
hydrants, street lights, car parking and other public infrastructure
 site plan of proposed footpath activity at a scale of 1:100 that shows the area and
layout of the proposed footpath activity, including the proposed location of tables and
chairs, goods displays, A frame signs or other items/activities
 details of any proposed goods displays, A-frame signs or tables and chairs, including
colour photographs or detailed design drawings of proposed items and any means by
which they may be proposed to be secured
 provide details of any proposed advertising on items placed on the footpath, including
a colour photograph or detailed design drawings of the advertising and an indication
of its size
 details of the hours of operation of the business to which the activity relates and the
hours of operation proposed for the footpath activity
 any other relevant details
 if your application adheres to the Street Trading Policy and a Town Planning or other
permit is not necessary, a permit will be issued. A permit will usually be issued or
declined within two weeks of lodging your application. However, this time may vary if
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your application needs to be deferred to other Council departments such as Health,
Planning, Building and Assets – in which case you will be notified
if under the provisions of the Maroondah Planning Scheme a planning permit is
required, this must be obtained prior to the issuing of a Street Trading Permit.
A Local Laws officer will visit you to discuss and assess your application if clarification is
required. The application may also be referred to Council’s Planning department to
determine if a Planning Permit is required in addition to the Street Trading Permit.
Failure to submit any of the information required for the application may result in delays
in processing and/or refusal of the application.
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Permit assessment and consideration
Local conditions will influence where items may be placed. Council will consider what the
activity offers to an area and will give priority to those activities that encourage and support
local business and community groups.
Council cannot permit activity where it would compromise pedestrian or traffic safety.
Relevant local conditions include; footpath width, proximity and roads, disabled parking
bays, loading zones, parking bays angle or parallel, street furniture, trees and landscaping
and the number of pedestrians at particular times of day.
Council’s authorised officers may consent to an application as submitted, or with
modifications, and with or without conditions as set out in the permit.
An application may be rejected or a permit withdrawn if:
 the sight of pedestrians crossing at an intersection or crossing is interfered with so as
to obscure oncoming traffic
 access for people with disabilities is compromised
 pedestrian access, including prams is restricted
 the sight of the driver of a vehicle or cyclist is interfered with so as to not properly see
pedestrians, signals or signs
 signs are moving, rotating, illuminated or reflective
 if a sign is misleading, offensive or obscene
 permit requirements have not been met and/or there is continuing failure to comply
with directions
 incidents of previous non-compliance will be taken into consideration at the time of
annual permit renewal and when requests to vary or add to a permit are considered
for approval
 under any other circumstances that are believed to create a safety hazard to
pedestrians, motorists or cyclists or cause detriment to the amenity of the area.
 should there be a requirement for two permits e.g. A-board and goods on footpath a
site plan should be submitted with application. Council will assess and permit will
only be granted if there is sufficient space available
 for any reason it is deemed to be unsuitable by Council officers
 Maroondah City Council reserves the right to withdraw the permit at any time
 Maroondah City Council reserves the right to change the Conditions of Issue and
Use of the permit.
Before a permit is granted for the first time or after a change of business use, Council may
require an applicant to give notice of the application to persons who may be affected by the
granting of a permit which will entitle those persons to make a submission which is be
considered before a determination is made on the application.
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