Footpath trading

Street Cafe Council aims to provide a safe environment for people who move through the city. Part of this responsibility requires Council to provide a clear path for all people to move along footpaths.

Council also has a legal responsibility for the regulation of trading activities in public places. Council is committed to ensuring access for people to move along footpaths with good access and as a minimum, to meet the requirements of the Commonwealth Disability Discrimination Act (1992).

A Public Space Licence Agreement is required if you wish to place tables and chairs, an advertising sign, display goods, planter boxes, umbrellas, screens or promotional items on the footpath. This permit is required under Council’s Footpath Trading Policy and under Council’s Road and Council Land Local Law No 2, Part F.

Changes to permitted size for 'A' Frame signage for footpath trading

Council has amended its Footpath Trading Policy to allow for the use of 'A' Frame signs measuring 600mm wide X 1000mm height (including 100mm legs).
Previously, the policy had allowed for 'A'' Frame signs with maximum measurements of 600mm wide X 900mm height.
Council resolved at its June 2011 meeting to allow the larger-sized 'A' Frames as they are industry standard and more resistant to windy conditions.

Permit conditions

There are a number of conditions that must be met when applying to place items on the footpath. These include, but are not limited to:

No items are permitted on the building line of your property. This area is a designated walkway zone. All items must be placed towards the kerbside in the designated trading zone. Further information regarding walkway, trading and kerbside zones can be found in Council’s Footpath Trading Policy (see link below).
Placement of items must follow the guidelines supplied with the permit.
Access to other businesses or services must not be blocked. A .5 metre clearance area must be maintained on either side of your business to allow clear access for pedestrians.
Any structures must be safe and have an acceptable appearance.
Councils’ public seats must not be blocked or obstructed.
No touting, spruiking or soliciting is allowed.

An authorised officer can remove or impound any goods or structures that do not meet these requirements. Please read Council’s Footpath Trading Policy for all conditions associated with applying for a Public Space Licence Agreement.

Footpath zones

Walkways must extend out from the building line and provide a safe, clear and consistent pathway 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, any street furniture, signs, trader’s activities or displays should be placed towards the kerbside, not along the property line.

To provide a clear and suitably unobstructed footway for pedestrian access, there are three main functions of each footpath:

Walkway zone
Trading activity zone
Kerbside zone.

The size of these zones will vary depending on the width of the footpath.

Walkway zone

The walkway 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.

Trading activity zone

This is the only area of the footpath where the placement of goods, café furniture and ancillary items may be authorised.

Kerbside zone

A minimum buffer of clear footpath must be provided from the kerb to allow for access to and from parked vehicles, including loading zones. Where there is a disabled parking bay, the setback from the kerb will need to be greater. This area of the footpath must be kept free from any items or structures at all times.

How do I identify the various footpath “zones”?

Total footpath width	Less than 3.5 metres wide	3.5 metres and wider
Walkway zone	Minimum 1.5m from property line towards kerb	Minimum 1.8m from property line towards kerb
Trading activity zone	Remaining area once kerbside zones are identified	Remaining area once kerbside zones are identified
Walkway zone	Minimum 0.4m from the kerb of the road	Minimum 0.4m from the kerb of the road
	Minimum 1.5m if a disabled parking space adjoins the footpath Minimum 0.7m if a loading zone adjoins the footpath.	Minimum 1.5m if a disabled parking space adjoins the footpath Minimum 0.7m if a loading zone adjoins the footpath.

Forms and Guides

How to prepare your application

Follow the steps below to prepare your application for a Public Space Licence Agreement:

Download a copy of the application form (below)
Arrange public liability insurance (in the form of a Certificate of Currency) for $10 million and detailing coverage that extends to all items placed on footpath in accordance with Council’s Footpath Trading Policy
Submit a site plan detailing all items to be placed on the footpath, including the dimensions of the items and any Council infrastructure, such as bins, benches, poles, parking signs
Sign the declaration on the application form.

How to lodge your application

You may lodge your application by mail, in person, by fax or email.

Mail

To send it by mail, place the signed application form, a copy of your public liability policy and the site plan in an envelope. Post it to City of Yarra PO Box 168 RICHMOND VIC 3121.

In person

If you wish to lodge your application in person, bring the items listed above to the Richmond Town Hall, 333 Bridge Road, Richmond or the Collingwood Town Hall, 140 Hoddle Street, Abbotsford.

Fax

If you wish to lodge your Application by fax, please fax to (03) 8417 6666.

Email

If you wish to lodge your Application by email, please send info@yarracity.vic.gov.au

Application Approval

Before a licence is granted for the first time, or if an amendment is sought to an approved plan or condition of a licence, a public notice must be prominently displayed for 14 days before Council makes a decision in respect of the licence or amendment to allow for public submissions.
When this requirement has been completed and no public submissions are received, you must forward Council a signed statutory declaration stating you have completed the 14 day advertising period.
When Council has received your statutory declaration, an invoice will be forwarded to you.
As soon as you pay the required fee on your invoice, you may place your approved items on the footpath.
Council will then send you your Public Space Licence and sticker.
For 'existing' permit holders - the permit must be renewed by the 30 September each year.
Renewals will be sent to you prior to this date.
Ensure you submit your signed renewal and a renewed copy of your public liability insurance with your application.

Further information
Compliance Branch
9205 5063
info@yarracity.vic.gov.au