Health and Environmental Services Information Sheet

Trading in Public Places / Footpath Activities and Application Form

The purpose of these guidelines is to ensure that footpath trading activities are carried out in a way which promotes a healthy, safe and comfortable environment for the community, while adding life and character to the street.

Taking advantage of the footpath for trade purposes is a privilege, not a right. The community expects traders to keep to certain common principles, which are based on the objectives of the local law.

A key aim is to ensure that an adequate proportion of the footpath is available for unrestricted public movement. This is to ensure that the primary use of the footpath, namely safe pedestrian movement is maintained.

This information package is a summery only and must be read in conjunction with the Town’s Trading in Public Places Local Law 2001 and Trading in Public Places Policy. For further information, telephone 9377 8000.

What is Footpath Activities? Footpath Activities (also known as a permit to establish trading on a public place) is an area adjoining a commercial tenancy to display their goods for the purpose of offering them for sale or hire in a public place.

These guidelines seek to provide consistency in the Town of Bassendean’s approach in dealing with proposals for Footpath Activities.

TRADING IN PUBLIC PLACES PERMIT

Initial Application

Before placing any items or goods outside your commercial premises, you are required to obtain:

Trading in Public Places Permit

The attached Application for permit to trade in a public place form should be completed and forwarded to the Town’s Development Services together with:

the permit fee
Photographs, drawings or manufacturer’s brochures fully describing the appearance and dimensions of all proposed commercial standard display tables and any other furniture related to the proposal
the permit holder is required to provide a public liability insurance policy in accordance with the Town’s requirements as detailed further in this guideline.

Application Fee $50.00

Renewal of Permit

Where approved the Trading in Public Places Permit is valid from 12 months from the date of approval. An application for renewal of a Trading in Public Places Permit will be forwarded to you every 12 months. Upon payment of the annual fee, a permit will be issued for the following 12 months.

Annual Renewal Fee $50.00

RESPONSIBILITIES OF THE PERMIT HOLDER

The permit holder shall –

Ensure all display stands meet Occupational Health & Safety requirements, shall be rust proof, practical, serviceable and to assist the visually impaired have a 30% contrast between furniture and paving;
All display stands placed within the Public Trading Zone shall be supplied and maintained to a high standard by the permit holder;
Display stands shall be visually appealing, easily movable and have a design consistent with the principles and objectives of Trading in Thoroughfares and Public Places - Division 3 to effectively promote the goods;
The proposed method of display shall be appropriate design and style taking into consideration the overall retail area;
Goods and display stands shall only be placed on the footpath during the normal hours of trade and must be removed on completion of each days trading.
Any Trading in Public Place activity should not obstruct pedestrian movement. A minimum clear footpath width of 2.0 m should be provided.
Ensure displayed goods do not obstruct the sight line of vehicles emerging from driveways or intersecting roads.
Ensure goods on footpaths do not obstruct access to a loading zone or disabled parking bays;
Goods displayed on stands shall not exceed a length/width of 0.6 metres.
Ensure that area is kept clean and tidy at all times, remove graffiti as soon as practicable, dispose of litter and clean the footpath.
Ensure that no debris or litter is swept into the street gutter and or subsequently washed down the stormwater drainage system. No detergents and cleaning agents shall be washed into the street gutter or drainage system.

PUBLIC LIABILITY INSURANCE AND INDEMNITY

As part of the requirements of the Trading in Public Places Permit, the permit holder, is required to provide public liability insurance indemnifying the Town against all actions, suit, claims, damages, losses and expenses made against or incurred by the Town arising from any activity, action or thing performed or erected in accordance with the permit.

In particular, the permit holder shall:

take out a public liability insurance policy in the name of the permit holder for a minimum of $10 million dollars or such other amount as considered appropriate by the Town to the risk involved;
ensure that the Town of Bassendean is expressly listed on such policy as an ‘interested party’;
advise the Town if the policy lapses, is cancelled or is no longer in operation; and
on the request of an Authorised Person, provide for inspection a certificate of currency for the required insurance policy.

Where, as a condition of a permit, a permit holder is required to provide a public liability insurance in accordance with section 7.3 and that insurance policy is terminated for whatever reason then the permit shall also be terminated simultaneously. A permit holder is required to provide a current certificate of insurance within 2 working days upon request of the Town of Bassendean.

Public Trading Zone

Click here to download an application form in PDF format.

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