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Management and Responsibilities
Permit Holder's Responsibilities
Daily management
The management of a footpath trading permit is the responsibility of the permit holder. The permit holders are required to:
- Operate in accordance with the conditions of the permit, endorsed plans and the requirements and objectives as outlined within these guidelines
- Monitor the trading zone, i.e. observe patrons at all times and respond to behaviour that may interfere with the use, enjoyment and personal comfort of others using the footpath area
- Observe all local law provisions relating to footpath trading, including noise, responsible serving of liquor, and health and amenity
- Maintain access for all users in and around the footpath at all times, repositioning furniture when moved outside the trading zone by patrons
- Uphold the cleanliness of the footpath area, ensuring tables and chairs are kept clean and litter is removed and deposited in in bins kept inside the premises
- Remove all approved furniture from the footpath area at close of business, as stated on the footpath trading permit, to enable council services to clean the footpath
- Where permanent furniture (e.g. glass screens) has been approved, the footpath area and surrounds must be thoroughly cleaned by the permit holder
Council Responsibilities
Maintenance of the footpath
The council manages the maintenance of the footpath and reserves the right to reclaim access of the footpath and remove all footpath trading furniture, at any time.
Compensation and loss of trade
There is no compensation for the removal of footpath trading furniture or any loss of trade when service authorities and others are required to carry out works within the road reserve. It is the responsibility of the permit holder to reinstate fittings or fixtures, not the person, service authority or contractor executing the works.
Any problems, inconvenience or loss of trade resulting from activities or works carried out by the council or its contractors, at or adjacent to, a permit holder's footpath trading area will not be considered for payment of compensation.
Access to underground services
Services such as sewers, gas, water, telecommunications and electricity should not be obstructed by any permanent structures including fixed screens, umbrellas and planters.
The council and other service authorities reserve the right to access all underground services within the footpath trading area without notice to the permit holder, at all times.
Monitor compliance with approved permit
The council's community amenity officers monitor the operation of footpath trading permits and ensure the conditions of the permit are met.
Following a complaint or observation of a breach of a footpath trading permit, a council officer will contact the permit holder and take appropriate enforcement action where required.