LAWS & ENFORCEMENT − POLICY −Footpath Trading

Introduction

.12°1111UPPER

HUNTERSHIRECOUNCIL

The term "Footpath Trading" used in this policy refers to the temporary placing of structures oritems on the public footpath within business areas for the purposes of providing a service tocustomers or either selling or displaying goods in association with an adjacent commercialundertaking.

The temporary structures or items covered by this policy are:• A−frame signs• Pot plant stands• Outdoor dining (tables and chairs)• Display stands (displaying articles for sale, however contained e.g. racks, stands, tables,

containers, individual articles, etc.)• Umbrellas and barriers

Policy

Council will require that all structures and items temporarily placed on a public footpath for apurpose associated with a commercial undertaking:

1. Are subject to the determination of an application to Council;

2. Are placed, maintained and managed in accordance with all conditions of a Licence issuedby Council;

3. Are covered by adequate public liability insurance; and

4. Are only permitted on the public footpath whilst the associated commercial undertaking isopen for business or a lesser time as specified by Council.

Objectives

1. To ensure that the placement of temporary structures or items on public footpaths is carriedout in an orderly manner and adds to the attractiveness, amenity and vibrancy of shoppingprecincts.

2. To ensure that pedestrians, particularly disabled persons, are not endangered or undulyrestricted or inconvenienced by the placement of temporary structures or items on publicfootpaths.

3. To enable vendors to display goods or provide street furniture to improve their publicexposure and provide a service to customers.

4. To provide for special promotional/shopping days where a large number of businessesparticipate in street trading.

5. To protect the financial interests of ratepayers by charging a reasonable fee foradministration of the use of a public footpath for commercial purposes.

UHSC — Policy — Footpath Trading Page 1 of 4

Procedures

A−Frame Signs

1. All premises will be limited to two (2) signs only.

2. Signs located within the road reserve (on footpath) must not obstruct pedestrian or vehiculartraffic.

3. Signs shall be:

i. Clearly and neatly sign written and not contain any offensive content.

ii. Located adjacent to the building frontage providing a minimum of 2 metres forpedestrian access to the roadside kerb and a minimum distance of 1 metre from anydoorway.

iii. Have a maximum area of 1m2 with a maximum height of 1.5 metres.

iv. Constructed so as to avoid protrusions, sharp edges or projecting feet.

v. Displayed only during normal trading hours of the business being advertised.

vi. Anchored in position while on display e.g. suitably designed 5kg weight or approvedrecessed ring.

4. The advertiser shall undertake a public liability insurance policy of twenty million dollars($20,000,000). The policy shall note Council's interest. A copy of the current policy shall besubmitted to Council annually with the relevant fees for the signs.

5. The advertiser shall accept that any actions of non−compliance with the abovementionedrequirements shall result in the impoundment of the sign and the cancellation of the licenceapproval. The advertiser will be required to pay any costs associated with the impoundmentof the sign and reapply to Council for a further licence.

6. An application form shall be completed which includes details of the proposed signage asindicated above. Approval of the sign will be limited to five (5) years.

7. Regulation of the policy will be based on any complaints received.

Pot Plant Stands

1. All premises will be limited to two (2) pot plant stands.

2. Pot plant stands shall be:

i. Located adjacent to the building frontage providing a minimum of 2 metres forpedestrian access to the roadside kerb and a minimum distance of 1 metre from anydoorway.

ii. Be of maximum dimensions of 1 metre in height and 0.6 metres wide.

iii. Constructed so as to avoid protrusions, sharp edges or projecting feet.

iv. Displayed only during trading hours of the business. (Note: Individual pots of suitabledesign may be permitted to remain in position).

v. Anchored in position while on display or have a minimum weight of 10kg.

3. The owner of the pot plant stand shall undertake a public liability insurance policy of twentymillion dollars ($20,000,000). The policy shall note Council's interest. A copy of the currentpolicy shall be submitted to Council annually with the relevant fees for the signs.

4. The owner of the pot plant stand shall accept that any actions of non−compliance with theabovementioned requirements shall result in the impoundment of the stand and thecancellation of the licence approval.

5. An application form shall be completed which includes details as indicated above. Approvalof the pot plant stands will be limited to five (5) years.

6. Regulation of the policy will be based on any complaints received.

UHSC — Policy — Footpath Trading Page 2 of 4

Outdoor Dining (Tables and Chairs)

An existing, approved, food−based business may apply for a permit for outdoor dining inaccordance with the requirements of the NSW Outdoor Dining Policy.

All businesses undertaking outdoor dining activities must have a valid permit. Council will issue thepermit once the outdoor dining application has been processed through the Easy to do Businessonline platform.

To be granted a permit for outdoor dining activities under the Outdoor Dining Policy, a businessmust self−assess and ensure its proposed outdoor dining area meets all the prerequisites of fiverequirements listed in that Policy, including location/site suitability, safety, amenity, function andlegal and compliance aspects.

Once granted a permit, a business shall maintain compliance with these requirements and thepermit terms.

The owner of the business utilising the outdoor dining area shall provide evidence of a publicliability insurance policy of twenty million dollars ($20,000,000). The policy shall note Council'sinterest. The policy must be kept current and a copy of the policy shall be submitted to Councilannually.

Display Stands

1. Display stands shall be:

I. Located adjacent to and not more than 1 metre from the building frontage and aminimum distance of 1 metre from any doorway.

ii. Located such to provide a minimum of 2 metres for pedestrian access to the roadsidekerb.

iii. Be of maximum height of 1.5 metres.iv. Constructed so as to avoid protrusions, sharp edges or projecting feet.

v. Displayed only during trading hours of the business.

vi. Anchored in position while on display or have a minimum weight of 10kg.

2. The owner of the display stand shall undertake a public liability insurance policy of twentymillion dollars ($20,000,000). The policy shall note Council's interest. A copy of the currentpolicy shall be submitted to Council annually with the relevant fees for the signs.

3. The owner of the display stand shall accept that any actions of non−compliance with theabovementioned requirements shall result in the impoundment of the stand and thecancellation of the licence approval.

4. An application form shall be completed which includes details as indicated above. Approvalof the display stands will be limited to five (5) years.

Regulation of the policy will be based on any complaints received.Umbrellas/Barriers

1. Umbrellas and barriers shall be:

i. Located adjacent to the building frontage providing a minimum of 2 metres forpedestrian access to the roadside kerb and a minimum distance of 1 metre away fromany doorway,

ii. Located to ensure that a minimum height clearance of 2 metres is maintained forpedestrian thoroughfare at all times.

iii. Constructed so as to avoid protrusions, sharp edges or projecting feet.

iv. Displayed only during trading hours of the business.

v. Securely anchored or fastened in position while on display.

UHSC — Policy — Footpath Trading Page 3 of 4

2. The owner of the umbrella/s and/or barriers shall undertake a public liability insurance policyof twenty million dollars ($20,000,000). The policy shall note Council's interest. A copy of thecurrent policy shall be submitted to Council annually with the relevant fees for the signs.

3. The owner of the umbrella/s and/or barriers shall accept that any actions of non−compliancewith the abovementioned requirements shall result in the impoundment of the items and thecancellation of the licence approval.

4. An application form shall be completed which included details as indicated above. Approvalof the umbrellas/barriers will be limited to five (5) years.

5. Regulation of the policy will be based on any complaints received.

Fees and Charges

An annual fee in accordance with Council's Fees and Charges Schedule is applicable for eachbusiness with any item or structure temporarily placed on a public footpath.

References

The Policy was adopted by Council at its meeting on , and replaces that of the sametitle adopted on 27 February 2017.

Review Date

October 2021 by the Manager Planning, Building and Regulatory Services

Authorised by.Steve McDonald, General Manager Date

UHSC — Policy — Footpath Trading Page 4 of 4