POLICY NO: · Web viewWhere, in this policy, a word or phrase has a particular meaning, other grammatical forms of that word or phrase have a corresponding meaning. A reference in

POLICY NO: DCI 34 - CL

PRIVATE AND COMMERCIAL

USE OF PUBLIC PLACES

POLICY

Date Resolved By Council: 11 June 2008

Commencement Date: 11 June 2008

Review Date: June 2013

Responsible Department: Department City Infrastructure

This policy has been authorised and is included on Council’s Website.

Peter BrownChief Executive Officer

11 June 2008

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PRIVATE AND COMMERCIAL USE OF PUBLIC PLACES POLICY

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1.0 PURPOSE

1.1 Council manages a range of activities within the public realm. These include activities of a private or commercial nature. Under council’s local law, a permit is required to use a public place for some private and commercial activities. This policy sets out the framework under which a permit can be granted for the use a public place for private and commercial purposes.

1.2 This policy applies to public places, in particular public places that form part of malls and roads. See definition of public place under “definitions”.

1.3 This policy should be read in conjunction with:

1.3.1 The Moreland City Council General Local Law 2007;

1.3.2 Council’s Lease Principles Policy;

1.3.3 Council’s Kerbside Seating Guide Policy;

1.3.4 Coburg Footpath Uses Policy;

1.3.5 Any approved Guidelines for a particular Declared Area, location or class of Public Place; and

1.3.6 Relevant state government legislation (e.g. Occupational Health and Safety Act 2004, Occupational Health and Safety Regulations 2007).

1.4 This policy replaces council’s “Commercial use of council land for outdoor cafes policy, 2003.”

1.5 Where there is any inconsistency between this Policy and the “Kerbside Seating Guide Policy”, this Policy shall prevail.

2.0 OBJECTIVES

2.1 To provide a balance between the needs of all users of a space that equally caters for public users, whilst recognizing the contribution that private and commercial activities such as outdoor eating make in creating a vibrant and active space.

2.2 To provide policy guidance in applying permit conditions for activities specified in the Moreland City Council General Local Law 2007, relating to the use of Public Places.

3.0 BACKGROUND

3.1 Council has in place a Kerbside Seating Policy to manage the commercial use of footpaths for outdoor dining. However with the development of new forms of Public Places such as mall environments across the City, the requirements for the management of these Public Places needs to be determined. Management requirements are often complex due to the number of users and the range of activities occurring within these Public Places.

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3.2 In response Council has prepared this Policy to guide the private and commercial use of Public Places, for a range of activities including outdoor eating. In addition to, and complementary this Policy, Guidelines will be prepared for each nominated Public Place, which will be known as a Declared Area. These Guidelines will guide the condition(s) for and allocation of permits for specified activities within nominated Declared Areas.

3.3 This Policy responds to a number of key acts of parliament, advisory notes, standards and regulations that are relevant to the provision of equity of access for all people within Victoria, particularly people with disabilities, including the Commonwealth Disability Discrimination Act 1992 (DDA) and the Charter of Human Rights and Responsibilities Act 2006 (Vic).

4.0 DETAILS

4.1 Definitions

4.1.1 Where, in this policy, a word or phrase has a particular meaning, other grammatical forms of that word or phrase have a corresponding meaning.

4.1.2 A reference in this policy to a singular word includes the plural and vice-versa.

4.1.3 The following terms have the meanings as defined in clause 8 of the Moreland City Council General Local Law 2007:

4.1.3.1 Advertising sign;

4.1.3.2 Authorised Officer;

4.1.3.3 Busk;

4.1.3.4 Council;

4.1.3.5 Council Asset;

4.1.3.6 Council Litter Bin;

4.1.3.7 Council Policy;

4.1.3.8 Goods;

4.1.3.9 Permit;

4.1.3.10 Permit Applicant;

4.1.3.11 Permit Holder;

4.1.3.12 Person;

4.1.3.13 Public Asset;

4.1.3.14 Public Place;

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___________________________________________________________________________4.1.3.15 Service Authority;

4.1.3.16 Shopping Centre;

4.1.3.17 Special Event;

4.1.3.18 Statutory Authority.

4.1.4 Declared Area:

Means a delineated area of a Public Place, declared by Council, in which Permit Zones may be created, for private or commercial activities, as prescribed by Council’s Local Laws, such as display of goods, busking, mobile advertising devices and outdoor eating associated with nearby commercial establishments.

4.1.5 Guidelines:

Means Guidelines adopted by Council which apply to a particular location or class of Public Place, including land which has been specified and declared a Declared Area. (as specified within the Guidelines).

4.1.6 Moveable advertising signs:

Means a free-standing moveable advertising sign located on a public place.

4.1.7 Non-commercial user:

Includes buskers.

4.1.8 Outdoor eating area:

Means a Permit Zone containing tables, chairs and other associated items, that is used in association with nearby eating establishments.

4.1.9 Permit zone:

Means a specified area within a designated Declared Area, or specified portion of a Public Place, where a permit holder is permitted to carry on an approved activity in accordance with Council’s Local Laws, this Policy, the Guidelines that apply for that particular location or class of Public Place and any conditions attached to the permit.

4.1.10 Single use permit:

Means a Permit, usually of limited duration, issued by Council for miscellaneous activities, (other than outdoor eating) as prescribed by Council’s Local Laws, in a Public Place, (including a Declared Area) and for which limitations and conditions prescribed within this Policy or Guidelines may be applicable.”

4.1.11 Single use permit zone:

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___________________________________________________________________________Means a Permit Zone within a Declared Area or other Public Place, allocated for Single Use Permit activities.

4.2 Creation of Declared Areas

4.2.1 Council may from time to time declare a specified Public Place or class of public place (e.g. Footpath) as a Declared Area, for the purposes of providing guidance for permit management of specified activities, under Council’s Local Law.

4.2.2 Guidelines will delineate the Permit Zones, within a Declared Area, within which private or commercial activities may be permitted. Where appropriate these Permit Zones, including Single Use Permit Zones may be delineated by Council through the use of some form of marker on the ground surface to provide a physical delineation of the space within which private or commercial activities may be permitted.

4.3 Clear passageways along shop fronts

4.3.1 Clear passageways along shop fronts and property boundaries are to be maintained within a declared area. The recommended minimum footpath clearance from shop fronts is 1.8m however this may be varied, depending on the space, through the development of guidelines for specific declared areas. In order to ensure that pedestrian movement is not impeded, no furniture or other items are to be placed on the footpath in a declared area, other than in a permit zone.

4.4 Items permitted in Declared Area

4.4.1 Guidelines may provide requirements for, and limitations on, items permitted in Declared Areas. Only those items directly associated with the use of the Public Place for approved purposes are allowed to be located within Permit Zones of the Declared Area. This may include tables, chairs, freestanding gas heaters and umbrellas. The Guidelines will detail whether the display of goods is permitted within the Declared Area.

4.5 Clearance from existing infrastructure

4.5.1 Guidelines will set out requirements for clearance of permitted items from existing infrastructure within a Declared Area. This may be through the delineation of Permit Zones. This is to ensure there is adequate space for pedestrian movement to occur and to facilitate service access. As a guide the following clearance standards should be adhered to:

4.5.1.1 1000mm from all fire hydrants, exit doors, hose reels, boosters and other emergency equipment;

4.5.1.2 1000mm from all Council litter bins, public seats, payphones, bicycle stands, mailboxes and other infrastructure accessed and used by the public;

4.5.1.3 500mm from all other public assets.

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4.5.2 In the event that a public asset needs to be relocated in order to make it possible for a permit applicant to gain a permit in compliance with this policy and any applicable guidelines, the relocation of the public asset will only occur if Council, or the relevant service authority or statutory authority, first approves the relocation, and the cost of relocating the public asset must be wholly borne by the permit applicant.

4.6 Design requirements

4.6.1 Tables and Chairs

4.6.1.1 Wholly plastic tables and chairs are not permitted.

4.6.1.2 Tables and chairs must be of an outdoor style. Cloth padded chairs, for example, are not deemed suitable for outside use.

4.6.1.3 All tables and chairs used by a permit holder must be uniform in style and design.

4.6.1.4 All chairs and tables should have a rubber pad at the base of each leg to adequately protect the paving surface from scratching or other damage.

4.6.2 Umbrellas

4.6.2.1 If used, umbrellas are to be provided by the permit holder.

4.6.2.2 Umbrellas are to be ‘market style’, four-sided and constructed of canvas.

4.6.2.3 Umbrellas may overhang outside the Permit Zone by no more than 30% of the umbrella size unless otherwise specified in the Guidelines.

4.6.2.4 Umbrellas must be secured to the satisfaction of Council.

4.6.2.5 Umbrellas must provide 2200mm height clearance from the ground to the lowest point of the standing umbrella.

4.6.2.6 A clearance of 300mm must be achieved between the umbrella and any building awning.

4.6.3 Outdoor heaters

4.6.3.1 If used, are to be provided by the permit holder.

4.6.3.2 Will only be considered for approval in association with an Outdoor Eating Area.

4.6.3.3 Should, wherever possible, be affixed to a permanent structure so as to be located off the footpath (note this may require Planning and/or Building permits).

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4.6.3.4 Must be adequately secured to prevent tipping, tripping or falling.

4.6.3.5 Must be fully contained within the Permit Zone.

4.6.3.6 The use of heaters must be undertaken in accordance with the manufacturers instructions and any relevant Australian Standard (including AS4565 ‘Radiant gas heaters for outdoor and non-residential indoor use’) and guidelines produced by Energy Safe Victoria.

4.6.4 Other items

4.6.4.1 The requirements of other items such as planter boxes, screens, moveable advertising signs and awnings will be determined in Guidelines adopted for each Declared Area.

4.7 Daily clearance of Permit Zone

4.7.1 All equipment used within the Permit Zone must be removed and stored within the traders premises at the close of business each day.

4.8 Advertising

4.8.1 Third party advertising on furniture used for outdoor eating purposes is not encouraged. Guidelines, developed for each Declared Area, will specify the extent to which advertising is permitted.

4.9 Opportunity to comply

4.9.1 Upon the declaration of a Declared Area, if existing furniture being used by permit holders does not comply with the requirements of this Policy or Guidelines for the declared Declared Area, existing furniture can continue to be used for the period of the first 12 month permit, if it meets safety requirements. As a condition of a Permit renewal for the second 12 month period, all furniture must comply with the design requirements of this Policy and/or Guidelines, as applicable.

4.10 Permit Holder Responsibilities within a Declared Area

4.10.1 The operation of a Permit Zone is the responsibility of the permit holder. It is not an ‘as of right’ use and as such the permit holder is required to:

4.10.1.1 operate in accordance with the permit and the provisions outlined in this Policy and the relevant Guidelines for the Declared Area;

4.10.1.2 observe all Local Law provisions;

4.10.1.3 monitor the behaviour of staff and patrons in the Permit Zone, making sure there is no detrimental effect on the amenity of the Public Place;

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4.10.1.4 manage the positioning of the tables chairs and ancillary items used in the Permit Zone and ensure that they are contained within the Permit Zone at all times

4.10.1.5 ensure the Permit Zone and immediate vicinity is kept in a clean and tidy state;

4.10.1.6 ensure that food and drink are disposed of in the traders bins as soon as possible upon the departure of a patron and in accordance with any approved Waste Management Plan;

4.10.1.7 provide windproof ashtrays when requested, or when someone is observed smoking, and be responsible for cigarette ash, butts and any other litter generated by patrons of an Outdoor Eating Area;

4.10.1.8 ensure that staff who are accessing the Permit Zone, take all due care when crossing the clear passageway in front of the premises and act in accordance with any approved risk management plan;

4.10.1.9 ensure that the permit holder and all staff comply with all relevant food safety and service regulations and laws, including other City of Moreland policies;

4.10.1.10 maintain the cleanliness of the Declared Area by disposing of rubbish and recyclables and wiping up spills on the pavers, to a standard acceptable to Council;

4.10.1.11 ensure that rubbish and recyclables are disposed of lawfully and responsibly;

4.10.1.12 ensure that staff do not use the Council provided litter or recycling bins for any waste or rubbish generated by the use of the Permit Zone;

4.10.1.13 ensure tables, chairs and ancillary items are removed from the Permit Zone and stored appropriately (on the permit holders property) at the close of business each day; and,

4.10.1.14 ensure that tables, chairs and ancillary items used in association with the Permit Zone are not placed anywhere within the space prior to 7am, including the Declared Area. This requirement may be varied within specific Guidelines for a particular Declared Area.

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4.11 Repair and maintenance of furniture used

4.11.1 A high standard of presentation of the furniture and items used for private and commercial purposes must be maintained.

4.11.2 Should any of the furniture used in the Permit Zone become cracked, broken, soiled or in a general state of disrepair, it is required to be removed within 24 hours, or as directed by a Council Authorised Officer.

4.11.3 A damaged or torn umbrella must be removed and replaced within 24 hours, or as directed by a Council Authorised Officer.

4.12 Alcohol

4.12.1 The serving or consumption of liquor is only permitted with the approval of the Liquor Licensing Commission. However Council may further restrict the consumption of liquor in an Outdoor Eating Area if it is considered by Council that the consumption of liquor in the area will cause a detriment to the amenity of the area, or due to persistent poor management or non-compliance issues.

4.13 Single Use Permits

4.13.1 Single use permits may be issued for miscellaneous activities, as prescribed by Council’s Local Laws, within a Public Place. Where an activity is proposed in a Permit Zone within a Council Declared Area, permit conditions may be additionally subject to any conditions designated in Guidelines for that Declared Area.

4.13.2 Single Use Permits may also be issued in respect of a Public Place, in which a Declared Area has not been declared. In the latter case permit conditions, including the location of the Single Use Area, will be subject to Council’s Local Laws and this Policy, or any other relevant Council policy or guideline, as applicable.

4.14 Limitations on Single Use Permits

4.14.1 Permit holders must confine their activities to the designated Single Use Permit Zones, within a Declared Area, or any area/s prescribed by Council Permit.

4.14.2 Permits will only be issued on four days in any calendar week on a first come, first served basis, subject to the following limitations:

4.14.2.1 Permits will not be issued any more than 3 months in advance (exceptions to this may be made at the discretion of the Manager Urban Safety);

4.14.2.2 Permits will only be issued with a maximum duration of one week (subject to the four day limitation mentioned above); and individual applicants will not be permitted to hold more than two permits per calendar month.

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4.14.3 Permit holders must limit their activities to the times and dates for which the permit has been issued and must not carry out any activities outside those times and dates.

4.14.4 “Daytime” permits will be issued and be valid between 9 am and 3 pm on the date specified.

4.14.5 “Evening” permits will be issued and be valid between 4 pm and 10 pm on the date specified.

4.14.6 The Manager Civic Safety & Amenity will have the right to determine days on which no permits shall be issued.

4.14.7 Permitted activities, such as Busking and Spruiking must be conducted within the requirements of Councils Local Laws and this Policy or associated Guidelines.

4.14.8 Noise levels may be deemed to be unreasonable by an Authorised Officer. An Authorised Officer, when considering whether noise from a permitted activity is unreasonable shall have regard to:

4.14.8.1 The nature of the Permitted activity;

4.14.8.2 The nature, amenity or character of the Public Place, where the Permit applies;

4.14.8.3 Any complaints received concerning unreasonable noise; or

4.14.8.4 Any noise level measurements taken.

4.14.8.5 In regards to clause 4.13.2.3 and 4.13.2.4, regard shall be had to any noise provisions within the Moreland City Council General Local Law 2007, and any Environment Protection Authority legislation or guidelines, which may be applicable.

4.14.9 Each handbill must display the following message, written in such a way as to be immediately visible: ‘PLEASE DISPOSE OF THIS HANDBILL BY PLACING IN A LITTER OR RECYCLING BIN. DO NOT LITTER’

4.14.10 Unless otherwise specified on the permit, only one person at a time may distribute handbills on behalf of each permit holder.

4.14.11 The names and addresses of all distributors must be given to the Council before a valid permit is issued.

4.14.12 The applicant must notify the Council, by 8.00 am on the day of distribution, of any changes to the names and addresses of any distributor.

4.14.13 A recycling bin must be provided by the distributor. The immediate area must be kept clean and tidy, to the satisfaction of a Council Authorised Officer.

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4.14.14 Permit holders must always conduct themselves in a safe manner. In particular, they must not endanger themselves, the public, or any property in the area including trams, private vehicles, street furniture, etc. In the case of busking, the use of fire, knives, swords, chainsaws or any other dangerous instruments is prohibited under any circumstances. This includes instruments that have been modified for safety but can still be perceived as dangerous.

4.14.15 Permit holders must ensure, so far as is reasonably practicable, that their employees and members of the public are not exposed to risks to their health and safety as a result of the way permit holders conduct their activities.

4.14.16 Activity of any kind may be carried out by a person who holds a current, valid permit and must obey the conditions of that permit. Note that permits are NOT transferable.

4.14.17 Permit holders may only sell merchandise if they have received explicit written approval from Moreland City Council.

4.14.18 Permits will not be issued for any activity that is deemed by the Manager Urban Safety to be in direct competition with any established business located within 500 metres of the Public Place.

4.14.19 Permit holders must not, by their behaviour, upset or interfere with any member of the public.

4.14.20 Permit holders must follow all instructions given by Moreland City Council Authorised Officers and members of the Victorian Police. This includes instructions concerning the above responsibilities.

4.15 Insurance requirements

4.15.1 Permit holders are required to hold a valid public liability insurance policy to the satisfaction of the Moreland City Council. The policy must:

4.15.1.1 Note the interest of the Moreland City Council on the policy;

4.15.1.2 State the period of time covered by the insurance policy;

4.15.1.3 Provide cover for an amount of not less than $10 million;

4.15.1.4 Indemnify the Moreland City Council against all claims of any kind arising from any negligent act either by the permit holder or the permit holder’s agents; and,

4.15.1.5 Be in a form and with an insurer to the satisfaction of the Moreland City Council.

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4.16 Service authority works and special events

4.16.1 Council reserves the right to suspend permits to facilitate service authority works and special events.

4.16.2 Permit holders will be informed in writing a minimum of two weeks in advance of the special event of the requirement not to use a Declared Area or Permit Zone at a date/time specified, unless the works are of an emergency or urgent nature.

4.16.3 Permit holders will not be compensated for not being able to utilise the Declared Area or Permit Zone during the specified times.

4.17 Damage to Council property

4.17.1 The permit holder will be responsible for reimbursing Council for any reinstatement works as a result of damage to pavers, trees, street fixtures and furniture or any other Council asset as a result of using the Declared Area or Permit Zone. The onus is on the permit holder to report damage to Council as soon as they become aware of it.

4.18 Application requirements

4.18.1 Council’s Civic Safety and Amenity Branch must be consulted at an early stage to assist in the preparation of a Permit application. Preliminary advice will help identify issues likely to affect the proposal and the type of information that must be provided with the application.

4.18.2 All applications must provide adequate information, including how the applicant proposes to comply with this Policy, to enable Council to assess the application. Council may request the applicant to submit a Waste Management Plan and a Risk Management Plan with the application.

4.18.3 Applicants for permits must prepare a management plan outlining the following:

4.18.3.1 Permit Application form (available from the Civic Safety and Amenity Branch).

4.18.3.2 Three copies of plans showing, where applicable:

4.18.3.2.1 the Declared Area/s or Public Place, and proposed Permit Zone/s to be utilised

4.18.3.2.2 surrounding land uses including buildings, structures and existing infrastructure. e.g. verandas, trees, fire hydrants, power poles etc.

4.18.3.2.3 overall layout of all tables, chairs and ancillary items within the proposed Permit Zone.

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4.18.3.2.4 design of tables, chairs and ancillary items to be used within the Permit Zone. This should include size and images of proposed tables, chairs and ancillary items, and descriptions of materials

4.18.3.2.5 number of tables and chairs and any other proposed ancillary items such as umbrellas, heaters etc.

4.18.3.3 A description of the proposal providing details of:

4.18.3.3.1 the type and nature of existing establishment

4.18.3.3.2 number and design of tables and chairs (example brochure or photographs if available)

4.18.3.3.3 details of any proposed advertising (example brochure or photographs if available)

4.18.3.3.4 proposed hours of operation

4.18.3.3.5 consumption of liquor, if any

4.18.3.3.6 copy of any approval from the Liquor Licensing Commission.

4.19 Application assessment

4.19.1 In addition to any considerations required by Council’s Local Laws, Council will, when determining whether to grant a permit for the use of a Declared Area or Public Place for a particular activity, give consideration to the following matters:

4.19.1.1 the effects on pedestrian flows and safety and amenity;

4.19.1.2 any impact on the streetscape and appearance of the area;

4.19.1.3 the design and appearance of the proposed furniture and equipment (to be used in connection with the proposed activity) assessed against the requirements of this Policy and any Guidelines developed for particular Declared Areas.

4.19.1.4 whether the proposal is compatible with the adjacent land uses;

4.19.1.5 the proposed time and hours of operation;

4.19.1.6 the proposed number of tables and chairs; and,

4.19.1.7 the relevant provisions of Council’s Local Law and Guidelines that apply to that particular location or class of Public Places.

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4.19.1.8 the adequacy of the Waste Management and/or Risk Management Plans submitted, as applicable.

4.19.2 In addition, consideration will be given to the objectives of the relevant Planning zone and any urban design or activity strategy of the area.

4.20 Display of permit

4.20.1 Any business that is granted a Permit Zone within a Declared Area must display a permit sticker provided by Council in the window of the business premises at all times. The permit sticker may include the permit number, date of issue and a summary of the items permitted to be used within the Permit Zone and any other relevant conditions. In the case of a Single Use Permit Holder, a copy of the Permit must be produced upon demand of a Council Authorised Officer.

4.21 Transfer of Permits

4.21.1 Permits are issued to the business operator/owner. Permits are not to be considered part of a business. Permits are not transferable if the business changes ownership. If a business is sold or ownership is transferred, then the permit validity lapses. The permit holder can then apply for a pro rata refund, subject to minimum limits, as adopted by Council from time to time. The new owner/operator of the business may then apply for a permit and the application will be subject to assessment in relation to the this Policy and any Guidelines as they apply at the time of the new application.

4.22 Penalties

4.22.1 Permit holders who do not abide by these conditions may be penalised under the provisions of Council’s Local Laws, which may include the issuing of an Infringement Notice, depending on the seriousness of the offence.

4.22.2 Permit holders may:

4.22.2.1 be asked to cease their activities and move on,

4.22.2.2 have their equipment impounded,

4.22.2.3 have their permit revoked, and/or

4.22.2.4 be issued with an infringement notice by an Authorised Council Officer.

4.23 Fees

4.23.1 Council will set fees for permits issued under this Policy. Fee structures will be specified in Guidelines, issued by Council.

4.23.2 Council will review fees and charges annually as part of Council’s review of fees and charges, and any resolution to adopt a change in fee will

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4.23.3 WHERE FEES ARE NOT SET UNDER GUIDELINES, FEES FOR THE 2008-2009 FINANCIAL YEAR SHALL BE AS FOLLOWS:

Description Unit Charge

Goods on Public Place* Per Permit $115.00

Additional Goods** Per piece $30.00

Moveable advertising sign Per Permit $60.00

Single use permit – commercial users Per Permit $100.00

Single use permit – non-commercial users Per Permit $0.00

* up to nine items

** in excess of nine items

4.24 Responsibilities

4.24.1 It is the responsibility of Council (or delegate) to ensure this Policy, and associated Guidelines, is up to date and that appropriate Branch Managers are advised of revisions and training.

4.25 Review

4.25.1 This Policy will be reviewed five (5) years from adoption by Council.

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APPENDIX A – VICTORIA MALL DECLARED AREA GUIDELINES

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PRIVATE AND COMMERCIAL USE OF PUBLIC PLACES

POLICY


Date Resolved By Council: 11 June 2008

Commencement Date: 11 June 2008


Revocation Date: September 2013

Responsible Department: City Development



11 June 2008

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1.0 AIM

1.1 The aim of these Guidelines is to apply the Private and Commercial Use of Public Places Policy to the Declared Area of the Victoria Mall, Coburg and to identify further specific requirements to apply within Victoria Mall.

2.0 APPLICATION

2.1 These Guidelines apply to the Victoria Mall Declared Area being the Council land along Victoria Street, Coburg from Sydney Road to Waterfield Street, hereafter referred to as Victoria Mall.

2.2 These Guidelines apply the Private and Commercial Use of Public Places Policy to Victoria Mall and specify further requirements particular to Victoria Mall.

2.3 These Guidelines must be read in conjunction with the Private and Commercial Use of Public Places Policy and the Moreland City Council General Local Law 2007.

2.4 All provisions of the Private and Commercial Use of Public Places Policy and these Guidelines apply within Victoria Mall, except if there is a direct conflict, in which case the provisions contained in these Guidelines shall prevail.

3.0 MALL VISION

3.1 Victoria Mall is an extremely important civic space within Coburg, and as a result has many competing demands upon it to facilitate a number of different activities. The vision for the Mall is outlined below and sets guiding principles for the use of the Mall.

3.1.1 Victoria Mall is Coburg Activity Centre’s prime open-air civic space, providing a place for people to browse and sit, as well as travel through on foot. It is a space designed to invite informal gathering and outdoor eating without hindering the rapid passage of people between Sydney Road, the railway station, Council’s library and car parking. It provides a venue for short-term public events. It’s design and maintenance lifts expectations of the public and private built environment in Coburg.

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4.0 OBJECTIVES

4.1 Complementing the vision for Victoria Mall, there are specific objectives for the operation of the Guidelines:

4.1.1 To ensure that the primary purpose of the land is not inappropriately compromised;

4.1.2 To encourage a lively and active public space;

4.1.3 To encourage economic development;

4.1.4 To be fair and equitable to all users of the Mall;

4.1.5 To achieve consistency with planning legislation; and,

4.1.6 To be administratively efficient.

5.0 INTERPRETATION

5.1 Unless otherwise specified, any reference to Policy in these Guidelines is a reference to the Private and Commercial Use of Public Places Policy.

6.0 PERMIT ZONE

6.1 Permit Zones have been identified and are delineated on the plan titled “Victoria Mall Declared Area and Permit Zones”, shown at clauses 14.0 and 15.0. Thirteen Outdoor Eating Areas and one Single Use Permit Zone (measuring 2.5m x 1.5m) have been delineated. They are to be physically delineated by metal discs embedded in the paving surface of the Mall, indicating the extent of the Permit Zones.

6.2 To ensure clear passageways, placement of furniture, goods or any other items is not permitted outside the Permit Zones.

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7.0 ITEMS PERMITTED WITHIN A PERMIT ZONE

7.1 Seats

7.1.1 A maximum seating capacity of sixteen (16) seats is permitted within each Outdoor Eating Area.

7.2 Tables

7.2.1 The shape and number of tables is at the discretion of the permit holder subject to approval by Council. This may include either four 4-seater tables or eight 2-seater tables or a combination of table sizes that does not exceed a seating capacity of sixteen.

7.3 Umbrellas

7.3.1 A maximum of two umbrellas are permitted per Outdoor Eating Area.

7.4 Outdoor heaters

7.4.1 A maximum of two non-fixed outdoor heaters are permitted per Outdoor Eating Area.

8.0 ITEMS NOT PERMITTED

8.1 Due to the specific design and pedestrian conditions experienced within Victoria Mall, a number of items are not permitted. Permits will not be granted for the placement or use within the Victoria Mall of:

8.1.1 screens around outdoor dining areas;

8.1.2 awnings;

8.1.3 planter boxes;

8.1.4 fixed furniture; and

8.1.5 moveable advertising signs.

9.0 ADVERTISING

9.1 Third party advertising shall not be permitted.

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10.0 ALLOCATION OF PERMIT ZONES

10.1 Outdoor Eating Areas will be allocated yearly. In the interest of equity, each operator abutting Victoria Mall will be entitled to apply for the allocation of one Outdoor Eating Area (subject to meeting the criteria). Traders can request their preference for a particular Outdoor Eating Area.

10.2 In the event that not all Outdoor Eating Areas are allocated, traders may apply for more than one Outdoor Eating Area, however additional allocation of Outdoor Eating Areas will be at the discretion of the Manager Urban Safety.

10.3 Outdoor Eating Areas will only be allocated to premises operators with a Victoria Street, Coburg address.

11.0 DESIGN REQUIREMENTS

11.1 Tables and Chairs

11.1.1 Design requirements for tables and chairs in all Permit Zones in Victoria Mall shall be in accordance with the Policy.

11.2 Umbrellas

11.2.1 Design requirements for umbrellas in Outdoor Eating Areas shall be in accordance with the Policy. To satisfy clause 4.6.2.4 of the Policy, a permit holder must, at their own expense, secure umbrellas by installing locking mechanisms in the ground.

Note: A separate permit is required under clause 22(1) of the Moreland City Council General Local Law 2007 to make a hole or excavation in a public place.

11.3 Outdoor heaters

11.3.1 Design requirements for gas heaters in Victoria Mall shall be in accordance with the Policy.

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12.0 APPLICATION REQUIREMENTS

12.1 Permit applicants must submit a Waste Management Plan and may be required to submit a Risk Management Plan with their application, which meets the satisfaction of Council.

12.2 A Waste Management Plan must at a minimum include the following:

12.2.1 The number of each type of bin (garbage and recycling) to be used including the basis of determining the number of bins.

12.2.2 The storage area and the location for the bins.

12.2.3 The method, time and frequency and collection of the garbage and recycling bins.

12.2.4 How staff and patrons will be regularly informed of the waste management arrangements.

13.0 FEES

13.1 The fee structure for permits for Victoria Mall is set out in Schedule 1, as are the initial fees applicable.

13.2 All applications are subject to a non-refundable application fee. This fee is intended to cover costs associated with assessing applications. The initial fee adopted by Council is shown in Schedule 1, and will be reviewed by Council annually as part of Council’s review of Fees and Charges, and any resolution to adopt a change in application fee will also amend these Guidelines.

13.3 The permit fee for Outdoor Eating Areas has been calculated taking into account the average Capital Improved Value of land abutting Victoria Mall, and is intended to reflect the commercial benefit obtained by operators of businesses using Council land in Victoria Mall.

13.4 Permit fees are charged in respect of each Outdoor Eating Area Permit Zone, regardless of the number or type of items permitted to be used within the Outdoor Eating Area Permit Zone.

13.5 The initial permit fee adopted by Council is shown in Schedule 1, Council will review fees and charges annually as part of the annual review of fees and charges, and any resolution to adopt a change in fee will also amend these Guidelines.

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13.6 Refunds will only be provided in circumstances where the owner makes a written application for a refund, and provides documentary evidence to the satisfaction of the Manager Civic Safety & Amenity that:

13.6.1 The business has ceased operating;

13.6.2 The nature of the business has changed and the business operator no longer has any need to use the Permit Zone; or

13.6.3 The business has been sold to another operator.

13.7 Refunds will only be paid in respect of permit fees paid within the preceding 12 months of the event described above. Refunds will be paid on a pro-rata basis, however Council will retain a minimum amount in order to cover administrative costs. The initial minimum amount is shown in Schedule 1, and will be reviewed by Council annually as part of the review of Fees and Charges. Any resolution to adopt a change in the minimum amount will also amend these Guidelines

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APPENDIX A – VICTORIA MALL DECLARED AREA GUIDELINES________________________________________________________________________________________________________________14.0Victoria Mall Declared Area and Permit Zones (Eastern end)

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APPENDIX A – VICTORIA MALL DECLARED AREA GUIDELINES________________________________________________________________________________________________________________

15.0Victoria Mall Declared Area and Permit Zones (west end)

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Schedule 1 – Fees

The table below sets out the fees adopted by Council to apply from July 1 2008 until 30 June 2009.

Description Unit Fee (2008-2009)

Application Fee

Commercial Users Per Application $20.00

Non-Commercial Users Per Application $0.00

Minimum amount to be retained Per Permit $15.00

Annual Permit Fee Per Outdoor Eating Area $500.00

Single Use Permit Fee

Commercial Users Per Permit $100.00

Non-Commercial Users Per Permit $0.00

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PRIVATE AND COMMERCIAL USE OF PUBLIC PLACES

POLICY

APPENDIX B – FOOTPATH DECLARED AREA GUIDELINES

Date Resolved By Council: 14 October 2009

Commencement Date: 14 October 2009


Revocation Date: September 2013

Responsible Department: City Development



14 October 2009

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APPENDIX B – FOOTPATH DECLARED AREA GUIDELINES___________________________________________________________________________

1. AIM

1.1. The aim of these Guidelines is to apply the Private and Commercial Use of Public Places Policy to the Declared Area of footpaths and to identify further specific requirements to apply on footpaths.

2. APPLICATION

2.1. These Guidelines apply to footpaths throughout the Municipal district.

2.2. These Guidelines apply the Private and Commercial Use of Public Places Policy to footpaths and specify further requirements particular to all footpaths.

2.3. These Guidelines must be read in conjunction with the Private and Commercial Use of Public Places Policy and the Moreland City Council General Local Law 2007.

2.4. All provisions of the Private and Commercial Use of Public Places Policy and these Guidelines apply on all footpaths, except if there is a direct conflict, in which case the provisions contained in these Guidelines shall prevail.

2.5. These Guidelines revoke and replace council’s “Kerbside Seating Guide Policy” 1996.

3. FOOTPATH VISION

3.1. Footpaths are an important civic space within Moreland, and as a result have many competing demands upon them to facilitate a number of different activities. The vision for footpaths is outlined below and sets guiding principles for the use of footpaths.

3.1.1. Footpaths are public open space. Their primary role is to provide access for all people to move along them freely and without obstruction. They provide access to various forms of transport and to business and other premises, as well as accommodating a range of important community infrastructure, including public transport stops, bicycle racks and rubbish disposal facilities. There is limited opportunity for private use of footpaths for activities such as outdoor eating, providing these do not hinder the passage of people.

4. OBJECTIVES

4.1. Complementing the vision for footpaths, there are specific objectives for the operation of the Guidelines:

4.1.1. To ensure that the primary purpose of the land is not inappropriately compromised;

4.1.2. To encourage a lively and active public space;

4.1.3. To encourage economic development;

4.1.4. To be fair and equitable to all users;

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4.1.5. To achieve consistency with all relevant legislation; and

4.1.6. To be administratively efficient.

5. INTERPRETATION

5.1. Unless otherwise specified, any reference to Policy in these Guidelines is a reference to the Private and Commercial Use of Public Places Policy.

6. GENERIC ZONES TO APPLY TO ALL FOOTPATHS

6.1. Walkways must extend out from the building line and provide a safe, clear accessible path of travel to meet the needs of a range of users including parents with prams, pet owners and people of all ages and abilities. In order to achieve this, all footpaths are divided into three zones, the Pedestrian Zone, the Kerbside Zone and the Trading Zone. Subject to the following, the size of these zones can vary depending on the width of the footpath.

6.2. Pedestrian Zone

6.2.1. The pedestrian zone extends from the property line to allow suitable passage by footpath users. This area of the footpath must be kept free from any items or structures at all times.

6.2.2. The pedestrian zone must be a minimum width of 1.8 metres, except where the overall width of the footpath is less than 3.5 metres, in which case a pedestrian zone of 1.5 metres is permitted.

6.3. Kerbside Zone

6.3.1. The Kerbside zone provides a minimum buffer of clear footpath from the kerb to allow for access to and from parked vehicles, this zone must be a minimum of 0.4 metres, except where there is a loading zone, where the setback must be a minimum of 0.7 metres, or a parking bay for people with disabilities, where the setback from the kerb must be a minimum of 1.5 metres.

6.4. The Pedestrian Zone and Kerbside Zone must be kept free from any items at all times.

6.5. Summary

6.5.1. The minimum widths for pedestrian zones and Kerbside zones are summarised in table 1, below:

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Pedestrian ZoneCircumstances Distance from property lineFootpath Less than 3.5m wide 1.5m Footpath 3.5m and wider 1.8m

Kerbside Zone (regardless of footpath width)Circumstances Distance from face of kerbAdjacent to parking space for people with disabilities 1.5m* Adjacent to a loading zone 0.7m*In all other cases 0.4m*

Table 1 - Zone widths

6.6. Trading Zone

6.6.1. The trading zone is the area of footpath between the kerbside zone and the pedestrian zone. The trading zone is the only area where permit zones will be approved.

6.7. Illustration of zones.

6.7.1. The three zones are illustrated in Figure 1, below:

Figure 1 – Footpath zones

7. PERMIT ZONES

7.1. Permit zones are the only areas that furniture, goods or any other items will be permitted to be placed.

7.2. Permit zones will be assessed for approval on a case-by-case basis in relation to all applications, in accordance with all of the following:

7.2.1. Must be located within a trading zone, as defined above;

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Pedestrian zone (min 1.5m)

Trading zone

Kerbside zone (min 0.4m)

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7.2.2. Must be no longer than five metres long, or have a gap of 0.5 metres for each five metres of length;

7.2.3. Must not extend past a point 0.5 metres in from the projected property line in front of each business, as illustrated in figure 2, below:

Figure 2 - Permit zone location (not to scale)

7.2.4. Must allow for the all of the following clearances:

7.2.4.1. Subject to clause 7.2.4.2, five metres from the kerb line at intersections, as shown in figure 3, below:

Figure 3 - Clearances at intersections (not to scale)

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0.5m


Trading zone

0.5m

Property line

5.0m



Trading zone

Face of kerb

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7.2.4.2. Intersections must be kept clear at all times, therefore in circumstances where the footpath is wider than five metres, the permit zone must end at the property line;

7.2.4.3. Three metres from any defined pedestrian crossing;

7.2.4.4. Five metres from the approach side of any tram stop;

7.2.4.5. One metre from all fire hydrants, exit doors, hose reels, boosters and other emergency equipment;

7.2.4.6. One metre from all Council litter bins, public seats, payphones, bicycle stands, mailboxes and other infrastructure accessed and used by the public;

7.2.4.7. 500mm from all other public assets.

7.3. Placement of furniture, goods or any other items is not permitted outside Permit Zones.

7.4. Times during which items may be placed in a permit zone

7.4.1. Items must only be placed within permit zones during the hours of operation of the permit holder’s business or, if the hours of business are outside the times shown in clause 7.4.2, those times shall apply.

7.4.2. Unless otherwise specified on the permit, furniture, goods and any other items are only permitted to be placed in the permit zone during the following times:

7.4.2.1. 7.00am to 11pm Sunday to Thursday; and

7.4.2.2. 7.00am to Midnight Friday and Saturday.

7.5. Items permitted within a Permit Zone

7.5.1. Subject to compliance with all requirements of the Policy and these Guidelines, a permit may provide that the permit holder may place any of the following items in an approved Permit Zone:

7.5.1.1. Tables and chairs;

7.5.1.2. Umbrellas;

7.5.1.3. Outdoor heaters;

7.5.1.4. Screens;

7.5.1.5. Moveable advertising signs;

7.5.1.6. Planter boxes; and

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7.5.1.7. Goods;

7.5.2. Other items will be considered on a case-by-case basis, and will only be approved if it can be clearly demonstrated that the approval will not have a detrimental affect on the amenity of the area.

7.5.3. The number of items allowed to be placed within each permit zone will depend upon the useable area available and will be specified in the conditions for the permit.

7.5.4. All items placed in a Permit Zone must comply with the design requirements as outlined in these Guidelines.

8. DESIGN REQUIREMENTS

8.1. All items placed in permit zones must be designed to ensure that no damage is caused to the footpath.

8.2. Tables and Chairs

8.2.1. Unless specified in these Guidelines, design requirements for tables and chairs in all Permit Zones on footpaths shall be in accordance with the Policy.

8.2.2. Tables must be placed at least 1.2 metres apart.

8.2.3. Tables are to be positioned so that chairs are only placed at opposite ends of the table with sufficient room between tables for patrons to be seated or excused without causing undue hindrance to other patrons or pedestrians.

8.2.4. Tables must not exceed 750mm in width. Rectangular or square tables with rounded corners, or round tables, must be used.

8.3. Umbrellas

8.3.1. Umbrellas will only be permitted in conjunction with a Table and Chair permit issued to the same premises.

8.3.2. Umbrellas must not be placed on footways prior to Moreland City Council having completed street sweeping requirements for that day.

8.3.3. Umbrellas must be removed in periods of high wind or when directed by an authorised officer.

8.3.4. Umbrella heights must be between 2.1m at the lowest point and 2.5m at the highest point.

8.3.5. Umbrellas must not protrude over the kerb or carriageway.

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8.3.6. Umbrellas must not be any closer than 1m to any overhead structure such as a veranda.

8.3.7. Umbrellas must not impinge on any community street furniture, street lighting, tram pole, traffic control device or any street planting.

8.3.8. To satisfy clause 4.6.2.4 of the Policy, a permit holder must, at their own expense, secure umbrellas by either:

8.3.8.1. Installing locking mechanisms in the ground; or

8.3.8.2. Affixing the umbrella to a base that is equal to in weight and size to the sail area of the umbrella.

Note: A separate permit is required under clause 22(1) of the Moreland City Council General Local Law 2007 to make a hole or excavation in a public place, and the permit holder will be required, at their own expense, to remove the in-ground fitting and repair or replace the footpath at the completion of the permit period.

8.4. Outdoor heaters

8.4.1. Heaters will only be permitted in conjunction with a Table and Chair permit issued to the same premises.

8.4.2. Heaters will only be permitted where the safety of pedestrians and the public can be assured.

8.4.3. Design requirements for gas heaters in all Permit Zones on footpaths shall be in accordance with the Policy.

8.5. Screens

8.5.1. Screens will only be permitted in conjunction with a Table and Chair permit issued to the same premises.

8.5.2. Screens must be maintained in good order and must only display the name and address of the premises to which the permit is issued and, subject to clause 8.5.3 third-party advertising in relation to any merchandise used or sold.

8.5.3. Third-party advertising must be limited to thirty per cent of the area of the screens.

8.5.4. Screens must not be placed on footways prior to Moreland City Council having completed street sweeping requirements for that day.

8.5.5. Screens must not be permanently affixed to the footway or building and must be of a design, construction and weight which prevents movement by wind.

8.5.6. Screens must not cause a hazard to any persons or cause damage to any property or thing.

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8.6. Moveable advertising signs

8.6.1. Advertising signs may only be of ‘A’ or ‘T’ frame construction and must be free standing.

8.6.2. Advertising signs must not be chained or otherwise secured to any Public Asset.

8.6.3. Advertising signs are limited to one per approved Permit Zone.

8.6.4. Advertising signs must be in good condition and well presented. Old, faded or poorly maintained signs will not be permitted.

8.6.5. Advertising signs may not exceed 1.0 metre in height or 600mm in width. Signs.

8.6.6. Electric, illuminated, revolving or spinning signs and poles with or without flags attached are prohibited.

8.6.7. Advertising signs must be designed, constructed and, where necessary, weighted to prevent movement.

8.7. Planter boxes

8.7.1. Planter boxes must be maintained with healthy plants and must be kept free from cigarette butts and other rubbish.

8.8. Goods

8.8.1. Goods must be displayed in structures of a size and strength suitable for the merchandise displayed.

8.8.2. Structures and goods are to be kept in good order and must be presented in a complimentary manner to the surrounding area.

8.8.3. Structures for displaying goods must not be chained or otherwise secured to any Public Asset or the footpath and must be suitable for the area and must be appropriate for the goods displayed.

8.8.4. Goods displays must not exceed 1.5 metres above the footway.

8.8.5. If the goods are suitable for stacking, they must be stacked in a way which eliminates the threat of falling or collapsing

8.8.6. Structures made from cardboard or other similar material are not permitted.

8.8.7. If a permit applicant wishes to obtain a permit to display food in a permit zone, they should consult with Council’s Environmental Health Officers and must comply in all respects with the Food Act 1984.

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8.9. Awnings

8.9.1. Awnings will not be assessed or permitted in accordance with these Guidelines. Installations of awnings must be made in accordance with the requirements of the Building Act 1993 and associated regulations. Advice may be sought from a Private Building Surveyor or Council’s Building Services Branch.

8.10. Fixed furniture

8.10.1. Permits issued under these Guidelines will not allow for any fixed furniture of any kind.

8.10.2. Applications for fixed screens must be made to Council’s City Infrastructure Department, and in some circumstances may also require a Planning Permit (advice must be obtained from Council’s Urban Planning Branch).

9. APPLICATION REQUIREMENTS

9.1. Permit applicants must, with their application, submit a Waste Management Plan that meets the satisfaction of Council.

9.2. A Waste Management Plan must include the following:

9.2.1. The number of each type of bin (garbage and recycling) to be used including the basis of determining the number of bins.

9.2.2. The storage area and the location for the bins.

9.2.3. The method, time and frequency and collection of the garbage and recycling bins.

9.2.4. How staff and patrons will be regularly informed of the waste management arrangements.

9.3. Permit applicants may be required to submit a Risk Management Plan.

10. FEES

10.1. Subject to the following, the fee structure for permits for footpaths is as set out in the Policy.

10.2. All applications are subject to a non-refundable application fee. This fee is intended to cover costs associated with assessing applications. The initial fee adopted by Council is shown in Schedule 1, and will be reviewed by Council annually as part of Council’s review of Fees and Charges, and any resolution to adopt a change in application fee will also amend these Guidelines.

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10.3. Refunds will only be provided in circumstances where the owner makes a written application for a refund, and provides documentary evidence to the satisfaction of the Manager Civic Safety & Amenity that:

10.3.1. The business has ceased operating;

10.3.2. The nature of the business has changed and the business operator no longer has any need to use the Permit Zone; or

10.3.3. The business has been sold to another operator.

10.4. Refunds will only be paid in respect of permit fees paid within the preceding 12 months of the event described above. Refunds will be paid on a pro-rata basis, however Council will retain a minimum amount in order to cover administrative costs. The initial minimum amount is shown in Schedule 1, and will be reviewed by Council annually as part of the review of Fees and Charges. Any resolution to adopt a change in the minimum amount will also amend these Guidelines

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Schedule 1 – Fees

The table below sets out the fees adopted by Council to apply from July 1 2009 until 30 June 2010.

Description Unit Fee

Application Fee

Commercial Users Per Application $25.00

Non-Commercial Users Per Application $0.00

Minimum amount to be retained Per Permit $20.00

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Documents

POLICY NO: · Web viewWhere, in this policy, a word or phrase has a particular meaning, other grammatical forms of that word or phrase have a corresponding meaning. A reference in