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

(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

(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:

(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.